By virtue of the Terms, the parties may have access to information that is confidential to one another (“Confidential Information”). “Confidential Information” means any information, data or other materials provided by one party to the other under or in connection with the Service (other than information intended or permitted to be disclosed to third parties as set forth herein) that is (a) clearly and conspicuously marked as “confidential” or with a similar designation; (b) is identified by the disclosing party (“Discloser”) as confidential and/or proprietary before, during, or promptly after presentation or communication; or (c) is disclosed in a manner which the Discloser reasonably communicated, or the receiving party (“Recipient”) should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used.

A party’s Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) the Recipient can adequately demonstrate was independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information. You shall not disclose the results of benchmark tests or other evaluations of any tools made available via the Service to any third party unless Configure.IT grants you prior written consent to such disclosure.

The parties agree, both during the term of the Terms and for a period of three (3) years after termination of the Terms, to hold each other’s Confidential Information in confidence and to protect the disclosed Confidential Information by using the same degree of care, but not less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as they use to protect their own confidential information of a like nature. The parties agree not to make each other’s Confidential Information available in any form to any third party or to use each other’s Confidential Information for any purpose other than the implementation of the Terms. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of the Terms.

Limitations Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Configure.IT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Configure.IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (a) THE USE OR THE INABILITY TO USE THE SERVICE (OR ANY HYPERLINKS), OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, WHETHER THE CONTENT IS ERROR-FREE, ACCURATE AND/OR CURRENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO EITHER THE SERVICE SPECIFICALLY OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

Exclusions From Liability Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS OF LIABILITY AND/OR DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU. FURTHER, IF ANY DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN Configure.IT ‘S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES TO ANY ONE PERSON SHALL BE LIMITED TO THE LESSER OF THAT PERSON’S COST FOR USING THE SERVICE OR U.S. $100.00.

Specific Prohibited Uses

While using the Service, you shall not do any of the following:

  • Respond to any commercial opportunity on the Service for any reason other than to utilize the products or services offered.
  • Reselling the service without prior and authorized conscent from Configure.IT
  • Sell or lease, other than through Configure.IT as provided in these Terms, any advertisement space to be used in or in connection with the Service
  • Post or transmit any incomplete, false, or inaccurate information.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in whatever form.
  • Send unsolicited e-mail, telephone calls, mailings or other material to any other users of the Service.
  • Post or transmit any User Content or Application that you do not have a right to reproduce, display or transmit under any law, regulation, or rule, or under any contractual or fiduciary relationships.
  • Use the Service’s communications features in a manner that adversely affects the availability of its resources to other users (for example, continuous posting of repetitive or duplicative text).
  • Upload or transmit any User Content, or create any Application, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way, or that may invade the right of privacy or publicity of any other person or entity in whatever form.
  • Post or transmit any User Content, or create any Application, that encourages or solicits criminal activity or that assists in any way in committing criminal activity.
  • Upload or transmit any User Content, or create any Application, which infringes any patent, copyright, service mark, trade secret, trademark, or other proprietary rights.
  • Delete any attributions, legal notices or proprietary designations or labels that you upload to any portion of the Service.
  • Delete or revise any material posted by any other person or entity in whatever form.
  • Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, such as opinions or notices, commercial or otherwise.
  • Post or transmit any User Content, or create any Application, which contains a virus, worm, Trojan horse, or any other malicious or corrupted code or data.
  • Use any device, software, or routine to interfere with the proper operation of the Service or any activity being conducted on the Service.
  • Attempt to decipher, disassemble, copy, modify, adapt, redistribute, decompile, create a derivative work of, reverse engineer, or otherwise attempt to extract the source code of any of the software comprising, creating, or in any way making up a part of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Configure.IT , in writing (e.g., through an open source software license)
  • Violate any applicable international, national, state, or local law, regulation, rule, ordinance, or treaty.

Without limiting the foregoing, any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the Configure.IT website will not be permitted. The COnfigure.IT website may only be used for lawful purposes. You are prohibited from posting on or transmitting through the Configure.IT website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, adult-oriented, profane, hateful, fraudulent, prejudiced or otherwise objectionable material of any kind, including, but not limited to, any material encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws. These Terms also mandate that robots, spiders, Web crawlers, Webants, worms, wanderers, Web agents and other “bots” that visit the Configure.IT website are Standard for Robot Exclusion (SRE) -compliant robots (“robots”).

You agree not to access the Configure.IT website by any means other than through the interface that is provided by us for use in accessing the Configure.IT website. You agree not to access or use the Configure.IT website in order to collect information about website visitors or users of the Configure.IT website. We reserve the right to terminate or suspend your access to and use of the Configure.IT website, without notice, if we believe, at our sole discretion, that it is in violation of these Terms, it is in violation of any applicable law, or that it is harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Upon any termination of your access to and use of the Configure.IT website for any reason, whether by you or by Configure.IT , you agree to promptly destroy all materials downloaded or otherwise obtained from the Configure.IT website, as well as all copies of such materials, whether made under these Terms or otherwise. Configure.IT ‘s licensing rights to any Application or other submissions shall survive any termination of these Terms.

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