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TERMS AND CONDITIONS
Please review these terms and conditions (the "Terms") relating to your use of this Aspect Software, Inc. ("Aspect") Web site (the "Web site"). By using, accessing or downloading any materials from the Web Site, you agree to be bound by the Terms. If you do not agree with these Terms, do not use this Web site.
GENERAL USE RESTRICTIONS
All information, documents, products, software, and services (the "Materials") provided on this Web site were provided by or to Aspect by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted work of Aspect and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Aspect or the Third Party Provider. No part of the Web site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Aspect. You also may not, without Aspect's prior express written permission, "mirror" any Material contained on this Web site on any other server.
Nothing on this Web site shall be construed as conferring any license under any of Aspect's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download Aspect Materials on this Web site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials. Any unauthorized use of any Materials contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This Web site may be linked to other Web sites which are not under the control of and are not maintained by Aspect. Aspect is not responsible for the content of those sites. Aspect is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Aspect of those sites.
THIRD PARTY CONTENT DISCLAIMER
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Aspect. Aspect does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Aspect.
LOCAL LAWS; EXPORT CONTROL
Aspect controls and operates this Web site from its headquarters in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. You may not use or export the Materials in violation of U.S. export laws and regulations. If you use this Web site from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web site are solely directed to individuals, companies or other entities located in the United States. This Web site could include inaccuracies or typographical errors. Aspect and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web site at any time without notice. Changes are periodically made to the Web site. Any action related to these Terms will be governed by Massachusetts law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. Aspect's obligations and responsibilities regarding Aspect products are governed solely by the agreements under which they are sold or licensed. These Terms represent the entire understanding relating to the use of the Web site and prevail over any prior or contemporaneous, conflicting or additional, communications. Aspect can revise these Terms at any time without notice by updating this posting.
TRADEMARKS
Aspect, Aspect Software, Aspect Communications, Concerto Software, and Concerto Software and Design, Unison, Continuum, SoftPhone, Sixth Sense, Smart Button, SMC, Smart Management Center, CRS, Communications Resource Server, CAS, Unison Scale EnsemblePro, RPM, RPM - Resource & Performance Manager, LYRICall, Compose IT, Intuition, Concerto, SmartRoute, Shadow, AnswerSoft, One Station, Unison Strategist, Unison Tactician, Ensemble, ContactPro and CellIt are trademarks or registered trademarks of Aspect or its subsidiaries in the United States and other countries. All other trademarks are owned by their respective companies. Use of any Aspect trademark is subject to Aspect’s express written approval.
RESTRICTED RIGHTS
The materials are provided with “Restricted Rights”. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19. Use of the materials by the Government constitutes acknowledgement of Aspect’s proprietary rights in them. Aspect Software, Inc. is located at 300 Apollo Drive, Chelmsford, MA 01824, USA.
NO WARRANTY
THE SOFTWARE, DOCUMENTS, INFORMATION, AND MATERIALS CONTAINED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE MATERIALS OR CONTENTS OF THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE WEB SITE. ASPECT MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME WITHOUT NOTICE. ASPECT MAKES NO COMMITMENT TO UPDATE THE MATERIALS OR CONTENT OF THIS WEB SITE. LIMITATION OF LIABILITY: ASPECT SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE CONTENT OR MATERIALS. IN NO EVENT SHALL ASPECT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF ASPECT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND WILL NOT MAKE A CLAIM AGAINST ASPECT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD ASPECT HARMLESS FROM, AND YOU COVENANT NOT TO SUE ASPECT FOR, ANY CLAIMS BASED ON USING THE WEB SITE. For further information on Intellectual Property matters contact legal-info@aspect.com.
USER SUBMISSIONS
Except as otherwise agreed in writing with an authorized Aspect representative, any material, information or other communication you transmit or post to this Web site will be considered non-confidential and non-proprietary ("Communications"). Aspect will have no obligations with respect to the Communications. Aspect and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
Information submitted to Aspect through forms on the Web site is governed according to Aspect Software Web Site Privacy Statement. © 2007 Aspect Software, Inc., 300 Apollo Drive, Chelmsford, MA 01824, USA. All rights reserved.
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