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Unless otherwise stated, the contents of the Sites, including but not limited to, the text and images contained herein and their arrangement are the property of SERIOUS or its licensors. The Sites and the content provided in the Sites, including but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of SERIOUS or the applicable owner. Nothing contained in the Sites shall be construed as conferring any license or right to any copyright, patent, trademark or other intellectual property right or proprietary interest of SERIOUS or any third-party.
Any software that is made available to download from the Services (“Software”) is the copyrighted work of SERIOUS or its suppliers. Use of the Software is governed by the terms of the user license agreement which accompanies or is included with the Software (“License Agreement”). By downloading or using any Software from the Sites, You acknowledge that You agree to the terms of the applicable License Agreement. Third party scripts or code, linked to or referenced from the Sites, are licensed to You by such third parties, not by SERIOUS.
Any reproduction or redistribution of the Software not in accordance with the applicable License Agreement is expressly prohibited by law and may result in severe civil or criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE APPLICABLE LICENSE AGREEMENT, SERIOUS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, SERIOUS MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SERIOUS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS AND UTILITIES OR THE SUITABILITY OF THE SOFTWARE, TOOLS OR UTILITIES FOR YOUR SPECIFIC APPLICATION.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Serious Integrated, Inc., 145 S 79th Street, Chandler, AZ 85226.
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SERIOUS OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SERIOUS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SERIOUS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SERIOUS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
As a condition of Your use of the Services, You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any SERIOUS server, or the network(s) connected to any SERIOUS server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any SERIOUS server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree to indemnify, defend, and hold harmless SERIOUS (including its subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this Agreement or unauthorized use of this website. Your indemnification obligation shall survive the termination of this Agreement. At SERIOUS” expense and election, SERIOUS reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You and You agree to cooperate with SERIOUS in connection with our defense.
SERIOUS does not claim ownership of the materials You provide to SERIOUS (including feedback and suggestions) or post, upload, input or submit to any Services or any associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) Your Submission You are granting SERIOUS, its affiliated companies and necessary sublicensees permission to use Your Submission in connection with the operation of their businesses (including, without limitation, all SERIOUS Services), including, without limitation, a nonexclusive, royalty-free, paid up, perpetual, irrevocable, worldwide license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any supplier of the Services.
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By Posting a Submission You represent and warrant in making the Submission that you own or control all rights to the Submission, and that use of your Submission will not cause injury to any person or entity including Serious. You indemnify Serious (including its subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) for all claims losses, expenses, damages and costs (including reasonable attorney fees) resulting from Your Submission.
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