Terms of Service

Last Updated: 17 March 2010

Welcome to the Web site of Kaazing Corporation (“Kaazing,” “we,” or “us”). Your use of this Web site (the “Site”) and all resources, content, and services that may be from time to time made available on the Site (“Services”) is subject to these Terms of Use (these “Terms”). By using our Site, you agree to be bound by, and use our Site and all Services in compliance with, these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OUR SITE.

We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Site after such changes have been published to our Site will constitute your acceptance of such revised Terms.

License to Use our Site

Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use our Site for your personal use and not for resale or further distribution. Your right to use our Site is limited by all terms and conditions set forth in these Terms.

Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Site and its Services, including all related intellectual property rights. Our Site and all of its Services, including but not limited to any software made available on or through the Site (“Software”), are protected by applicable intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Site, our Services, or Software; (ii) rent, lease or sublicense access to the Site or to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Site or any Services or Software.

Access to our Site

We do not provide you with the equipment to access our Site or any of its Services. You are responsible for all fees charged by third parties related to your access and use of the Site and its Services (e.g., charges by Internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of the Site and any of its Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of the Site or its Services.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Site, its Services, or any portion thereof, at any time, for any or no reason, with or without prior notice, and without liability.

Use of Software

Your use of any and all Software is subject to all terms, conditions, and other agreements, including but not limited to a license agreement or user agreement, that accompanies or is included with the Software, and any other documents, exhibits, and other terms and conditions applicable to your use of such Software (collectively, “License Terms”). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, noncommercial purposes; (b) the Software may not be modified or altered in any manner; and (c) the Software may not be redistributed.

Additional Terms

Some parts of the Site or its Services provided on or through the Site may have additional rules, guidelines, license agreements, terms of use, or other terms and conditions that apply to your access or use of that area of the Site or the applicable Services. If there is a conflict or inconsistency between the Terms of Use and the rules, guidelines, license agreement, terms of use or other terms and conditions for a specific part of the Site or for specific Services, the latter shall have precedence with respect to your access and use of that part of the Site or the applicable Services.

Restrictions

You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as Kaazing may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Site, including but not limited to any Software (collectively, “Site Content”) or compile or collect any Site Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Site or its Services or to store, copy, modify, distribute, or resell any Site Content; (iii) rent, lease, or sublicense your access to our Site or any Services to another person; (iv) use the Site, its Services, or any Site Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Site, its Services, or any Site Content; (vi) use our Site, its Services, or any Site Content in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Site or its Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Site, its Services, or any Site Content.

Privacy Policy

We may collect registration and other information about you through our Services. Our collection and use of this information is governed by our Privacy Policy, available at www.kaazing.com/privacy.

Linking and Framing

We generally welcome links to our Site. Any links to Software that may be available on our Site, however, must not be to the Software itself. Rather, any links to such Software must be to the page on our Site on which the Software’s download link is displayed (or to some other page on our Site, such as an information page or a listing of various software that is available for download).

Additionally, any framing of our Site or any Site Content within or as part of any third-party services, or any other manner of incorporating parts of our Site or Site Content as part of another Web site or service, is not permitted without our prior written consent.

Restricted Areas of the Services

Certain parts of our Site may be password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Site or its Services that is known to you.

User Postings

Certain portions of the Site may contain functionality that allows users to post information and content to our Site. You agree that we are free to use any comments, information, ideas, concepts, methods, techniques, content, and any other material in any post or submission that you may make to our Site (each, a “Submission”), without further compensation, acknowledgement, or payment, for any purpose whatsoever including, without limitation, modifying or improving the Site, our Services, and our other products and services.

Furthermore, by making any Submission on our Site, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

BY POSTING OR PROVIDING ANY SUBMISSION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION BY US WILL NOT INFRINGE UPON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.

Links and Third Party Content

Our Site may display, or contain links to, third party products, services, and Web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Site, or which is accessible through or may be located using our Site (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.

We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Site, you may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Site.

Use Policies

You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Site.

You will not use our Site to: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another; or (xi) collect or store personal data about other users without their consent.

Copyright Infringement

We respect the intellectual property rights of others, and ask you to do the same. Our policy is to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on our Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on our Site where the material that you claim is infringing is located; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated agent for notice of copyright infringement can be reached at:

Kaazing Corporation
Attention: Copyright Agent
6001 America Center Drive, Suite 250
San Jose, CA 95002

Trademarks

“Kaazing,” the Kaazing logo, and any other product or service name or slogan displayed on our Site are trademarks of Kaazing and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kaazing or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Kaazing” or any other name, trademark or product or service name of Kaazing without our prior written permission. In addition, the look and feel of our Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Kaazing and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

Export Restrictions / Legal Compliance

You may not access, download, use or export the Site, its Services, or any Site Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Kaazing in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Kaazing outside the U.S. Neither the services of Kaazing nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Feedback

We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Site and/or particular Services or Site Content (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Site and Services and our other products and services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS SERVICES, AND ALL SITE CONTENT IS AT YOUR SOLE RISK. THE SITE, ITS SERVICES, AND THE SITE CONTENT ALL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE, ITS SERVICES, OR ANY SITE CONTENT, AND YOU RELY ON THE SITE, ITS SERVICES, AND ALL SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SITE CONTENT OR OTHER MATERIAL THROUGH OUR SITE OR ITS SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SITE, OUR SERVICES, OR ANY SITE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE, ITS SERVICES, OR ANY SITE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, ITS SERVICES, OR ANY SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SITE, ITS SERVICES, OR ANY SITE CONTENT, AS APPLICABLE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Site, its Services, and Site Content, your violation of these Terms, or your violation of any rights of a third party through use of the Site, its Services, and any Site Content..

Release and Waiver

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Site, its Services, and all Site Content. If you are a California resident, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

Legal Notices

Enforcement of these Terms will be governed by the laws of the State of California, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Site, its Services, or any Site Content will lie in the state and federal courts located in Santa Clara County, within the State of California, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

Contacting Us

If you have any questions or concerns about our Services or these Terms, please contact us.