TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
This web site (the “Site”) is provided by Bogen Communications LLC (“Bogen”). By using the Site or downloading software from the Site, you agree to abide by the terms and conditions set forth in this notice. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS DO NOT USE THIS SITE OR DOWNLOAD SOFTWARE FROM THIS SITE.
Limited License Subject to the terms and conditions set forth herein, Bogen grants to you a non-exclusive, non-transferable, limited right to access, use or display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Bogen authorizes you to view and download the software (“Software”) at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Software and is subject to the following restrictions: (1) you must retain copies of the Software downloaded, including all copyright and other proprietary notices contained therein; (2) you may not modify the Software in any way or reproduce or publicly display, perform, or distribute or otherwise use it for any public or commercial purpose; and (3) you must not transfer the Software to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Software is copyrighted and protected by worldwide copyright laws. You agree to comply with all copyright laws worldwide in the Site and to prevent any unauthorized copying of the Software. Except as expressly provided herein, Bogen does not grant any express or implied license to you under any patents, trademarks, copyrights or trade secret information.
Disclaimer THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. BOGEN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS ON THE SITE OR THE RELIABILITY OF ANY STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH STATEMENT, OR INFORMATION IS AT YOUR SOLE RISK. BOGEN RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. BOGEN MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE SOFTWARE DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE BOGEN SOFTWARE IS ASSUMED BY THE USER. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
Privacy Bogen cannot ensure or guarantee privacy for Site users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and Bogen and its affiliate and related companies shall be relieved of any and all liability in connection therewith.
Limitations of Damages IN NO EVENT SHALL BOGEN OR ANY OF ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR OTHER DATA THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OF THE SITE, AND FUNCTIONS OF THE SITE OR SOFTWARE ON THE SITE, EVEN IF BOGEN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes Bogen reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time and all changes will be effective when such change is made. Your continued use of the Site after any such changes will be considered acceptance of those changes. Bogen may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Bogen may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
Choice of Law These Terms and Conditions of use shall be governed by the laws of the State of New Jersey, without giving effect to its conflict of laws provisions.
Miscellaneous This Agreement constitutes the entire agreement between Bogen and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.