© 2009/2010 A20labs. All rights reserved
- Use of Web Site Documents
You may download, view, copy and print documents, including graphics incorporated in the documents, that A20labs publishes on the Site ("Documents") such as white papers, press releases, datasheets and FAQs subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents or other Content from the Site in whole or in part without the express authorization of A20labs.
- Use of Software
Any software and accompanying documentation you download or access through the Site ("Software") is the copyrighted work of A20labs and/or a third party software provider. Use of the Software is subject to the terms of a software license agreement that accompanies or is included with the Software. Your use, reproduction or redistribution of the Software is prohibited except as expressly provided for in the software license agreement. All rights, title and interest not expressly granted are reserved. Except where expressly provided otherwise, all Software is provided on an "as is" basis, and A20labs expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board, news group, blog, wiki, letter to A20labs, its webmaster or employees, e-mail function, or other service in connection with which you can upload, email, post, publish or otherwise transmit Content. You agree not to upload, email, post, publish, distribute or otherwise transmit through a Forum any Content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not upload, email, post, publish, distribute or otherwise transmit any Content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by A20labs, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting Content to any Forum or submitting any Content to A20labs, you automatically grant (or warrant that the owner of such rights has expressly granted) A20labs a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable right and license to use, reproduce, modify, adapt, publish, transmit and distribute such Content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the Content have been waived.
A20labs has no obligation to monitor Forums or participate in Forums. However, A20labs reserves the right to review Forum Content and remove any Content at its sole discretion.
- Passwords and Security
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You may not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify A20labs immediately of any unauthorized use of your password(s) or account(s).
- No Unlawful or Prohibited Use
- Termination of Use
You agree that A20labs may, in its sole discretion, at any time terminate your access to the Site, including Forums, and any account(s) you may have in connection with the Site. Access to the Site and activity on the Site may be monitored by A20labs.
- Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to Content from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that A20labs is not responsible for the availability of, and Content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that A20labs is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that A20labs is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that A20labs is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. A20LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. A20LABS MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. A20LABS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES.
A20LABS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
- Limitation of Liability
IN NO EVENT SHALL A20LABS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE.
- Exclusions and Limitations
- Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
- Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the Content provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of A20labs in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of A20labs outside the U.S. Neither the services of A20labs nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in San Francisco, San Mateo or Santa Clara County, California. You and A20labs agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
- Copyright/Trademark Information
Copyright © 1995-2007, A20labs. All rights reserved.
A20labs is a registered trademark of A20labs Corporation and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners.
Third Party Use of Trademarks
A20labs's trademarks and service marks ("A20labs trademarks") are valuable assets that A20labs needs to protect. We ask that you help us by properly using and crediting A20labs trademarks in accordance with these guidelines. For information about proper use of A20labs logos, logotypes, signatures, and design marks, please review the Third Party Usage Guidelines for A20labs Logos.
- 1 PERMISSIBLE USE
You may generally use A20labs trademarks to refer to the associated A20labs products or services. For instance, an authorized reseller can note in its advertisements that it is selling the A20labs application server. Similarly, an A20labs customer may issue a press release stating that it has implemented A20labs software.
Relationship of Products or Services
You may indicate the relationship of your products or services to A20labs products or services by using accurate, descriptive tag lines such as "for A20labs software," "for use with A20labs E-Business Suite applications," and "works with A20labs software" in connection with your product or service name. Within text or body copy, such tag lines may appear in the same type as your product or service name. On product, packaging, advertising and other collateral where your product or service name is displayed apart from body copy, make sure that the tag line appears in significantly smaller type than your name. You should also distinguish the tag line from your mark by using a different font or color. However, A20labs or the tag line should never appear in the A20labs red color. This is important to avert any implication that your product or service is produced or endorsed by A20labs.
A20labs permits use of its marks in single volume book titles (not magazines or periodicals) where such use is descriptive or referential. To avoid misleading the public as to A20labs sponsorship, affiliation or endorsement, the A20labs mark must not appear more prominently than the rest of the title, and do not use A20labs logos on the cover. In addition, we request that you include a disclaimer of association with A20labs on the copyright page.
- 2 PROHIBITED USE
You may not use A20labs trademarks in a manner which could cause confusion as to A20labs sponsorship, affiliation or endorsement. Take particular care not to use A20labs marks as set out below.
Company, Product or Service Names
Do not use A20labs trademarks or potentially confusing variations as all or part of your company, product or service names. If you wish to note the relationship of your products or services to A20labs products or services, please use an appropriate tag line as detailed above. For example, "XYZ for A20labs software" not "OraXYZ or XYZ A20labs"
For more information regarding use of A20labs logos contact A20labs at Info@A20labs.com
You must not imitate A20labs trade dress, type style or logos. For instance, do not copy A20labs packaging for use with your product or display your product name in the distinctive logotype associated with the A20labs logo.
Do not use A20labs trademarks or potentially confusing variations in your Internet domain name. This helps prevent Internet users from being confused as to whether you or A20labs is the source of the Web site.
- 3 CORRECT USE
Proper use of A20labs trademarks reinforces their role as brands for our products and services, and helps prevent them from becoming generic names that can be used by anyone. Examples of former trademarks that became generic terms are "aspirin," "cellophane," and "escalator." By adhering to the following rules, you help protect A20labs's investment in its trademarks.
Use a Generic Term
Use a generic term in association with each A20labs trademark the first time the mark appears in text, and as often as possible after that. You need not include generic names in headlines, package titles and documentation titles. For example, "A20labs iLearning software", "A20labs On Demand services", and "A20labs software."
Use as Adjectives
A20labs trademarks are adjectives and should not be used as nouns, or in the possessive or plural form. For example, "A20labs software's benefits.." not "A20labs's benefits..."
Do not vary A20labs trademarks by changing their spelling or abbreviating them. For example, "A20labs Collaboration Suite" not "CollabSuite."
- 4 TRADEMARK SYMBOLS AND CREDIT LINES
Proper trademark attribution through trademark symbols and credit lines helps makes the public aware of our trademarks, and helps prevent them from becoming generic terms. Credit lines also help clarify that they belong to A20labs. Accordingly, A20labs would appreciate you attributing ownership of A20labs trademarks to A20labs Corporation by using trademark symbols (™ or SM or ®) and credit lines as detailed below.
Use the ® symbol with the most prominent appearance of the "A20labs" mark on products, packaging, manuals, advertisements, promotional materials and Web pages (e.g., in the headline of an advertisement), and the first use of the mark in text or body copy. This includes situations where "A20labs" is a part of a product or service name (e.g., A20labs® Collaboration Suite, A20labs® PartnerNetwork). You do not need to use trademark symbols with other A20labs trademarks.
Example: XYZ Develops New Product for A20labs® Software
XYZ Corporation, a member of the A20labs® PartnerNetwork program, has developed the ABC software cartridge for use with the industry leading A20labs software. The ABC software cartridge is one of numerous products XYZ has developed that complement leading A20labs offerings.
"A20labs" receives a trademark symbol in the headline because this is the most prominent appearance, and when it appears as part of the "A20labs PartnerNetwork" name because this is the first appearance in text. While there is no trademark symbol after "A20labs" when it appears in front of the term "products" and "offerings" since we already used a symbol the first time that the term "A20labs" appeared in body copy. It is always acceptable to continue using the ® after "A20labs" throughout the document.
All products, packaging, manuals, advertisements, promotional materials and Web pages bearing A20labs trademarks should include the following trademark credit line.
The credit line may appear anywhere on the collateral, but typically is displayed on a copyright page, the back of a package or at the end of a document or web page.
- 5 "A20LABS" AS A TRADE NAME
Trade names are the actual business names of companies. Trademarks and trade names are not the same, even though many companies use their trade names as trademarks. If you are using "A20labs" as a substitute for A20labs Corporation, you are using it as a trade name. Because they are nouns, trade names can be used in the possessive and do not require a generic term or a trademark symbol. Thus, you should not use a ? after "A20labs" when it appears as part of the full corporate name or as a trade name.
• Corporate Name: This software was developed by A20labs Corporation.
• Trade Name: This software was developed by A20labs.
• Trade Name: A20labs's latest software developments are outstanding.
• Trademark: The A20labs® software leads the industry.
Use of A20labs Logos
- 6 A20LABS LOGOS
A20labs's logos, logotypes, signatures and design marks ("A20labs logos") are valuable assets that A20labs needs to protect. Accordingly, we ask that you follow these guidelines with respect to A20labs logos. Remember that you are generally not able to use A20labs logos unless you are specifically licensed or authorized to use them. Information regarding Logo programs under which you may be licensed to use A20labs logos and information on obtaining other authorization is set out below.
- 7 LOGO PROGRAMS
Qualified third parties are able to license the right to use select A20labs logos under A20labs logo programs. More information on these programs can be found by going to the web pages set out below or emailing the referenced email addresses.
Powered by A20labs Logo
For use by customers using A20labs software to run their web internal business operations. Additional information can be found at info@A20labs.com
A20labs PartnerNetwork Logo
For use by A20labs PartnerNetwork (OPN) members. Partners can obtain more information at info@A20labs.com.
A20labs Certified Professional Logo
For use by A20labs Certified Professionals. Individuals wanting more information should go to the A20labs website.
- 8 REQUESTS
If you wish to use an A20labs logo and are an A20labs Partner, please get in touch with your regular A20labs contact who should work directly with A20labs Partner Marketing. If you do not have a regular contact, please forward the following to info@A20labs.com. If you are not an A20labs Partner, please forward the following to info@A20labs.com.
• A written summary setting forth: (a) your name and your company's name; (b) contact information including phone number, fax number, email address and mailing address; (c) the specific A20labs logo that you wish to use; (d) background information on your company, detailing any relationship with A20labs; (e) the names of any A20labs contacts; (f) a description of your proposed use of the logo, including why you want to use the logo, where the logo would appear, the duration and geographical extent of the proposed use, how the logo would be displayed relative to your corporate name and logo, and whether the A20labs logo would be one of various logos appearing; (g) a description of A20labs's involvement in any program or project in association with which you propose to use the A20labs logo; and (h) any previous correspondence you have had with A20labs regarding this logo request.
• A mock-up or sample drawing showing your proposed use.
Following submission, A20labs will evaluate the request and contact you if additional information is necessary. You will then be notified whether the request is approved. The normal turnaround time for such requests is one week. If approval is granted, you will be sent formal written authorization to use the logo, electronic artwork and usage guidelines where appropriate.
- 9 PROPER USE
Third parties expressly licensed or authorized to use A20labs logos must not alter or modify them in any way. Make sure to use A20labs approved artwork and refer to the appropriate identity guidelines provided by A20labs. Use must comply with the terms and conditions of your license or A20labs's authorization.
- 10 QUESTIONS
If you have any questions regarding use of A20labs logos, please contact A20labs's trademark and copyright group at info@A20labs.com.
Copyright Infringement Claims
- 11 PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
A20labs respects the intellectual property rights of others, and we ask our individuals using A20labs Web sites to do the same. If you believe that your copyrighted work has been copied and is accessible on an A20labs Web site in a way that constitutes copyright infringement, please send a Notice to our Copyright Agent providing the following information:
• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity
• A description of where the material that you claim is infringing is located, such as the URL where it is posted
• Your name, address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf
A20labs's Copyright Agent for Notice of claims of copyright infringement can be reached as follows. Note: This contact information is solely for reporting copyright infringement.