Terms of Use

Applied Identity, Inc. ("Applied Identity") provides you access to the Applied Identity Web site and the information and other materials available on and through the Web site (the "Site") subject to your compliance with the terms and conditions set forth below (the "Terms and Conditions"). If you do not agree with any of the Terms and Conditions, DO NOT USE THIS SITE. Your continued use of this Site evidences your agreement to be bound by each of the Terms and Conditions and constitutes a legally binding contract between you and Applied Identity.

The Applied Identity Products

Applied Identity addresses issues of internal security by providing each user within an organization with their own, individual security domain, delivering infinitely granular identity and access enforcement. Applied Identity's patented ULAN™ technology (User LAN) dramatically increases security by building identity into the network. Applied Identity also provides in-depth event forensics.

Intellectual Property

All text, graphics, multimedia content or other material available from the entry point URL http://www.appliedidentity.com and pages within that domain and all related code, including but not limited to films, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts within this Site ("Material(s)") are the property of Applied Identity and/or its affiliates or licensors and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by Applied Identity or by other parties that have licensed their Material to Applied Identity. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way except that you may download one copy of the Materials on any single computer for your personal, noncommercial home use, provided you keep intact any copyright and other proprietary notices on the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any such Material on any other Web site or computer environment is strictly prohibited.

Trademarks

"APPLIED IDENTITY", the "Applied Identity logo", and "ULAN", "Identiforce", "Signature Client" and "PolicyCAD" are the service and trademarks of Applied Identity. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written permission of Applied Identity.

User Conduct

In order to access and use the Site, you agree that you will comply with all of the Terms and Conditions set forth herein and will not (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site; or (b) use Applied Identity's name, URL, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or "spam." For the purposes of this agreement, "spam" has the meaning generally understood among Internet users.

In addition, you may not post, upload, or transmit to the Site or to Applied Identity servers any communications, text, graphics or other information (collectively, "Unauthorized Content") that: (a) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (b) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocates or encourages any illegal activity; (d) infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violates the privacy of individuals, including, but not limited to, other users of the Site; or (f) violates any applicable local, state, national or international law.

No Warranties

ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE AND ANY SITE-RELATED SERVICES ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES.

IN ADDITION, APPLIED IDENTITY DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLIED IDENTITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE SPECIFIC SERVICES DISCUSSED ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT APPLIED IDENTITY) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS.

Although Applied Identity attempts to ensure the integrity of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site and it is possible that the Site could include typographical errors or inaccuracies. In the event that an inaccuracy arises, however, please inform Applied Identity so that we can attempt to correct the information available on the Site.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL APPLIED IDENTITY OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Linking to Other Sites & Transactions on Other Sites

This Site may contain links to pages on other web sites ("Linked Sites"), and those Linked Sites may offer products and/or services for sale or provide medical or other advice. Applied Identity does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that Applied Identity has no responsibility for the accuracy or availability of information provided by Linked Sites and that Applied Identity does not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. Applied Identity may remove any links at any time for any reason or for no reason.

APPLIED IDENTITY WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. APPLIED IDENTITY IS NOT AND WILL NOT BE RESPONSIBLE FOR (I) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, (II) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY SUCH THIRD PARTY'S BACKGROUND, INSURANCE, CREDIT OR LICENSING, (III) THE QUALITY OF SERVICES PERFORMED BY ANY SUCH THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES, OR (IV) ANY CONTENT ON THE THIRD PARTY SITES, OR THE QUALITY OF ANY PRODUCT SOLD BY ANY SUCH THIRD PARTY, THE ACCURACY OF ANY ADVICE GIVEN BY SUCH THIRD PARTY, OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD OR ADVICE GIVEN BY SUCH THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT LIABILITY. IF YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY OR ANY THIRD PARTY'S WEB SITE, PRODUCTS AND/OR SERVICES, YOU RELEASE APPLIED IDENTITY (AND ITS AGENTS, OFFICERS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Criteria for Links

We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

Links to the Site

Applied Identity's trademarks, service marks, and logo are unique to Applied Identity, and their use is protected by federal law through trademark registration and/or through common law rights. You may set up links from other web sites to the home page of the Site (www.appliedidentity.com). However, you must first obtain the prior written consent of Applied Identity to set up links to any other pages within the Site, whether by hypertext linking, deep linking, framing, tagging or otherwise. You may not "frame" or otherwise confuse users as to the origin of the Site without the express, written permission of Applied Identity.

Indemnity

You agree to indemnify and hold Applied Identity and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another party.

Modification or Termination of the Site

Applied Identity reserves the right to withdraw, suspend or discontinue at any time and from time to time any Materials, information, content or services available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. You agree that Applied Identity shall not be liable to you or to any third party for any such modification, suspension or discontinuance, and that Applied Identity, in its sole discretion, may terminate your use of the Site, and remove and discard any content from the Site, for any reason, including, without limitation, if Applied Identity believes that you have (a) breached the Terms and Conditions; (b) infringed the intellectual property rights of a third party; (c) provided any information that Applied Identity is unable to verify or authenticate; (d) uploaded and transmitted Unauthorized Content to the Site; or (e) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site may be effected without prior notice to you.

Limited Distribution & Territorial Considerations

This Site is controlled and operated by Applied Identity from its offices within the State of California, U.S.A. Applied Identity makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by Applied Identity.

Governing Law & Jurisdiction

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within California and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Applied Identity, you or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or Federal courts located in the county of San Francisco, California.

Severability

If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

Any delay or failure on the part of Applied Identity to enforce any rights under this agreement to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Applied Identity relating to the matters set forth herein, and shall not be modified except in writing, as posted on this Site by Applied Identity or through a specific Applied Identity participation agreement to utilize Applied Identity service.

Modifications

Applied Identity reserves the right to change or modify these Terms and Conditions of use at any time. Any change or modification made by Applied Identity will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by Applied Identity.