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Perimeter Labs, Inc. Terms of Use

Welcome to the website www.perimeter-labs.com (the "Web site").  Perimeter Labs, Inc.  ("Perimeter Labs") provides our products, materials, and services to you through our Web site subject to the following terms and conditions (the "Terms of Use").  The Terms of Use applies to any person (collectively "you" or "your") who accesses this Web site, views the contents of this Web site, completes the registration process to receive our newsletter (the "Newsletter") (collectively, the "Services"), and/or accesses, downloads or otherwise uses the Software (defined below).

BY ACCESSING OR USING ANY PART OF THIS WEB SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF USE SET FORTH HEREIN.  IF YOU VISIT THIS WEB SITE, YOU EXPRESSLY ACCEPT THIS TERMS OF USE.  IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU DO NOT HAVE OUR AUTHORIZATION TO ANY OF THE SERVICES OR SOFTWARE; AND YOU MAY NOT ACCESS OR USE ANY PORTION OF THIS WEB SITE.

LICENSE AND WEB SITE ACCESS

Perimeter Labs grants you a revocable, non-exclusive, limited license (the "Limited License") to access and make personal, noncommercial use of (i) this Website, and (ii) all materials published on this Website and published in our Newsletter (collectively, the "Contents").  Unless explicitly granted herein, all rights are reserved by Perimeter Labs.  Prohibited uses of this Website and the Contents include, but are not limited to, downloading this Website or the Contents (other than page caching) without Perimeter Labs's prior written consent; making any modification of the Contents, or any portion of it; engaging in any form of resale or commercial use of this Website or the Contents; or engaging in any derivative use of this Website or the Contents. In the event that you engage in any unauthorized use of this Website or the Contents, the Limited License will immediately be terminated.

USE OF SOFTWARE

Materials encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the Web site (collectively, "Software") are the copyrighted and patented work of Perimeter Labs. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software.  You may not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement.  The Software is made available solely in accordance with the license agreement.

INTELLECTUAL PROPERTY OF PERIMETER LABS

This Website and all Contents, and any compilation thereof, are the exclusive property of Perimeter Labs and protected by United States and international copyright laws.  By using the Services, you agree to abide by all additional copyright notices or restrictions contained in any of the Content accessed through the Services.  All marks indicated on this Website and in our Newsletter are trademarks and trade dress, as applicable, of Perimeter Labs and may not be used in connection with any product or service that is not offered by Perimeter Labs, in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages Perimeter Labs.  You may not use any Perimeter Labs logo or any other proprietary graphic or trademark without express written permission. Periodically on this Web site, Perimeter Labs makes fair use of trademarks owned and/or used by third parties. Any such marks are clearly noted, and Perimeter Labs makes no claim to ownership of those marks.

REPRESENTATIONS AND WARRANTIES

By using the Services, you expressly represent and warrant to Perimeter Labs that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Terms of Use; (b) all information provided by you to Perimeter Labs is truthful, accurate and complete; (c) you shall comply with all terms and conditions of this Terms of Use; and (d) if you sign up for our Newsletter that you use all valid and accurate information.

TERMINATION

This Terms of Use is effective upon your acceptance as set forth herein and shall continue in full force until terminated.  Perimeter Labs reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Services; (b) suspend your access to or use of all or any portion of the Services; and (c) terminate this Terms of Use.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.  PERIMETER LABS MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PERIMETER LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PERIMETER LABS DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM PERIMETER LABS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PERIMETER LABS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PERIMETER LABS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS TERMS OF USE.  YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.

RESTRICTIONS & PROHIBITED USES

Perimeter Labs prohibits any use of the Web site other than as described in this Terms of Use, and you agree not to do any of the following: (1) delete or revise any material posted by any other person or entity; (2) take any action that imposes an unreasonable or disproportionately large load on the Web site's infrastructure; (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web site, (4) frame or link to any of the Content or information available from the Web site.

You may not use the Web site in order to transmit, distribute, store or destroy material, including without limitation the Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

You are prohibited from violating or attempting to violate the security of the Web site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.  Perimeter Labs will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

MISCELLANEOUS

Perimeter Labs shall have the right, at any time and without notice, to add to or modify the terms of the Terms of Use, simply by posting such amended terms herein.  Your access, link to or use of the Services after the date such amended terms are posted or delivered to your account with the Services shall be deemed to constitute acceptance of such amended terms.

This Terms of Use shall be governed by the laws of the state of Utah and the United States without reference to conflicts of laws. All actions, claims or disputes arising under or relating to this Terms of Use shall be brought in the federal or state courts in the state of Utah.  The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the state of Utah.  The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the state of Utah and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the state of Utah.

If any action in law or in equity is necessary to enforce the terms of this Terms of Use, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

If any provision of the Terms of Use is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Terms of Use shall remain enforceable.

No waiver of any term, provision or condition of this Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof.  No waiver shall be binding unless executed in writing by the party making the waiver.

All notices shall be in writing and shall be deemed to be delivered when e-mail to either parties' last known e-mail address.  You hereby consent to notice by e-mail.

This Terms of Use constitutes the complete and exclusive statement of the agreement between the parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Services.



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