Terms of Use

Terms of Use 2018-06-20T05:40:48+00:00

Welcome to the Gradiant Corporation (”Gradiant”) website (the “Website”). Please review the following notic- es, terms and conditions concerning your use of the Website. By accessing, using or downloading any materi als from the Website, you agree to follow and be bound by these notices, terms and conditions (the “Terms”). If you do not agree with these Terms, please do not use this Web site.

GENERAL USE PROVISIONS

All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (”Materials”), are provided either by Gradiant or by third party manufacturers, authors, developers and vendors (”Third Party Providers”) and are the copyrighted work of Gradiant and/or its 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 other means, without the prior express written permission of Gradiant. Also, you may not “mirror” any Materials contained on this Web site on any other server without Gradiant’s prior express written permission.

Except where expressly provided otherwise by Gradiant, nothing on this Website shall be construed to conferany license offer for license or sale under any of Gradiant’s or any Third Party Provider’s intellectual propertyrights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Contact Information” below if you have any questions about obtaining such licenses.Materials provided by Third Party Providers have not been independently reviewed, tested, certified, orauthenticated in whole or in part by Gradiant and as such, Gradiant makes no warranty with respect to itscontents. Gradiant does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Gradiant.

Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

LINKS TO THIRD PARTY SITES

This Website may contain links to Websites controlled by parties other than Gradiant. Gradiant is not respon- sible for and does not endorse or accept any responsibility for the contents or use of these third party Web sites. Gradiant is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gradiant of the linked Website. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

SOFTWARE USE RESTRICTIONS

Any software that may be made available to download from this Website (”Software”) is the copyrighted work of Gradiant. Use of the Software is governed by the terms of the end user license agreement that accompa- nies or is included with the Software (”License Agreement”). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or repro- duction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecut-

ed to the maximum extent possible. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREE- MENT, GRADIANT HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARAN- TIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Any Software that is downloaded from this server for or on behalf of the United States of America, its agen- cies 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 ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs ©(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable.

SUBMISSIONS

Except where expressly provided otherwise by Gradiant, all comments, feedback, information or materials submitted to Gradiant through or in association with this Website (”Submissions”) shall be considerednon-confidential and Gradiant’s property. By providing such Submissions to Gradiant, you agree to assign toGradiant, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Gradiant shall be free to use and/or disseminate such Submissions on an unre- stricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Gradiant, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

DISCLAIMER

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY GRADIANT, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND GRADIANT HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WAR- RANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. GRADIANT MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

LIMITATION OF LIABILITY

GRADIANT SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CON- TRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL GRADIANT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVAN- TAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAIL- ABLE FROM THIS WEBSITE, EVEN IF GRADIANT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND YOU WILL NOT MAKE A CLAIM AGAINST GRADIANT FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD GRADIANT HARMLESS FROM, AND YOU COVENANT NOT TO SUE GRADIANT FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

LOCAL LAWS; EXPORT CONTROL

Gradiant controls and operates this Website from the United States and makes no representation that these Materials are appropriate or available for use in other locations. If you access this Website from other loca- tions, you 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 Website are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that Materials are subject to the U.S. Export Adminis- tration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You certify that you are noton the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department ofTreasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

GENERAL

This Website may include inaccuracies or typographical errors. Gradiant 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. Gradiant may periodically make changes to the Website. Any action related to these Terms will be governed by Delaware law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Website andprevail over any prior or contemporaneous, conflicting or additional, communications. Gradiant has the rightto revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Gradiant.

INTELLECTUAL PROPERTY NOTICES

Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by Gradiant. The Gradiant logo, and other Gradiant product names referenced herein are trademarks of Gradiant Corporation, and may be registered in the United States Patent and TrademarkOffice and in other countries. All other product names, company names, marks, logos, and symbols aretrademarks of their respective owners.

HOW TO CONTACT US

Corporate Headquarters

Gradiant Corporation
225 Wildwood Ave Woburn, MA 01801
Attn: Kaarthic Madhavan
www.gradiant.com
Phone: +1-781-819-5034