Welcome to the PointeCast web site (the "Site"). Please read the following terms carefully before using the Site. BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS ("TERMS OF USE") AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING UNITED STATES COPYRIGHT AND TRADEMARK LAWS. IF YOU ARE USING THE SITE ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF USE ON YOUR EMPLOYER'S BEHALF. IF YOU DO NOT ACCEPT THE TERMS OF USE, DO NOT USE THIS SITE.
For purposes of this Site, the terms "PointeCast," "we," or "us" will refer to PointeCast Corporation, while the terms "you" and "your" will refer to all individuals and/or entities accessing this Site for any reason.
USE OF SOFTWARE AVAILABLE ON THIS SITE
Any software and accompanying documentation that is made available to download from this Site (collectively, "Software") is the copyrighted work of PointeCast and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). You must read the License Agreement and indicate your agreement to its terms before installing or using the Software. Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil remedies and criminal penalties.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
USE OF MATERIALS AVAILABLE ON THIS SITE
Documents
You may download, view, copy and print documents (such as white papers, press releases, datasheets, and FAQs) ("Documents") from the Site subject to the following (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents from this Site in whole or in part without the express authorization of PointeCast.
Design/Layout
The design or layout of the PointeCast.com Site or any other PointeCast owned, operated, licensed or controlled site is the property of PointeCast Corporation. Elements of PointeCast's websites are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any PointeCast website may be copied or retransmitted unless expressly permitted by PointeCast.
FEEDBACK AND INFORMATION
Any material, information or other communication you transmit to this Site will be considered non-confidential and non-proprietary, and PointeCast will have no obligations with respect to any such material, information or communications. By uploading, emailing, posting, publishing or otherwise transmitting content to this Site or any Forum, or by submitting any content to PointeCast, you automatically grant (or warrant that the owner of such rights has expressly granted) to PointeCast a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on or in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
PRIVACY POLICY
PointeCast is concerned about your privacy and has developed a policy to address privacy concerns. For more information read the current privacy policy.
THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
The Site may provide links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. The provision of such links is not an endorsement of any information, product or service reached through such link. PointeCast is not responsible for the availability of, or content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that PointeCast is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that PointeCast is not responsible for (a) the quality of third party products or services, and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that PointeCast is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
LEGAL DISCLAIMERS
THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POINTECAST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. POINTECAST MAKES NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. POINTECAST AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
POINTECAST AND ITS SUPPLIERS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL POINTECAST OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE) INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) AND EVEN IF POINTECAST HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you.
INDEMNITY
You agree to defend, indemnify and hold harmless PointeCast, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site. You agree to seek and obtain written permission from PointeCast before agreeing to settle any claim.
EXPORT RESTRICTIONS/LEGAL COMPLIANCE
PointeCast makes no representation that the Site is appropriate or available for use outside the U.S. You agree not to access, download, use or export the Site, or the content, software, products or services provided on the Site, 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 PointeCast 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. 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 PointeCast' services outside the U.S. Neither the services of PointeCast nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, 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 (ii) 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 of Use, 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.
PASSWORDS AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify PointeCast immediately of any unauthorized use of your password(s).
DELETE OR REMOVE CONTENT/TERMINATION OF USE
You agree that PointeCast may at any time, in its sole discretion, delete or remove any content on the Site that it deems to be inappropriate. Further, PointeCast may at any time, in its sole discretion, terminate your right to access or use the Site and any account(s) you may have in connection with the Site, with or without notice to you. PointeCast also reserves the right, in its sole discretion, to restrict or terminate the availability of the Site to any other person, geographic area or jurisdiction at any time. No notice is required to effect any such restriction or termination.
INTELLECTUAL PROPERTY POLICY
PointeCast respects the intellectual property of others and expects you to do the same. At PointeCast's discretion and in appropriate circumstances (and without limiting the generality of the foregoing "Termination of Use" provision), PointeCast may terminate your account(s) and/or prevent access to the Site by users who infringe upon the intellectual property rights of others. Pursuant to 17 United States Code §512(c)(2) (the Digital Millennium Copyright Act of 1998, as amended), our designated agent for notice of alleged copyright infringement appearing on our site is:
General Counsel
PointeCast Corporation
333 S. 520 W.
Suite 330
Lindon, UT 84042
Phone: 801-932-6407
Fax: 801-932-6363
To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site.
APPLICABLE LAWS
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Utah (without regard to conflict of law principles). Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Utah County or Salt Lake County, Utah. You and PointeCast agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
TRADEMARK INFORMATION
PointeCast, PointeCast Publisher, PointeCast ePresenter, and PointeCast Portal are trademarks and/or service marks of PointeCast Corporation. Flash is a trademark of Adobe Systems Incorporated. Microsoft and PowerPoint are registered trademarks of Microsoft Corporation. All other brand and product names are or may be trademarks of, and are used to identify products or services of, their respective owners.
The absence of a product or service name or logo in this notice does not constitute a waiver of PointeCast trademark or other intellectual property rights concerning that name or logo. Use of any other PointeCast trademark in commerce may be prohibited by law except by express license from PointeCast.
DISCLAIMER OF THIRD-PARTY ENDORSEMENT
PointeCast Corporation, its products, and its services are not sponsored, endorsed, or affiliated with Microsoft Corporation or Adobe Systems Incorporated.
SCORM Conformance and Logo Use
SCORM and the SCORM logo are certification marks of Concurrent Technologies Corporation of Johnstown, Pennsylvania. The SCO-RTE1 + Mandatory + Optional compliant logo indicates that PointeCast Publisher has been independently tested and certified by an ADL-designated certification organization to comply with SCORM v1.2. Successful test results for a product constitute AS IS compliance with SCORM v1.2 using the designated tests. Compliance evaluation using SCORM v1.2 tests developed by ADL or others does not constitute or imply endorsement or assurance by ADL or others of product utility, quality, or reliability in use or technical accuracy of content.
