Terms of Use

Last Updated: October 5, 2010

THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE THE AZURAY WEBSITE AND ITS ASSOCIATED SITES (THE “WEBSITE”). BY ACCESSING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS YOU MAY NOT ACCESS OR USE THE WEBSITE.

AMENDMENTS

Azuray Technologies, Inc. ("Azuray") may amend these Terms of Use (“Terms”) at any time in its sole discretion. Any amendments are effective when posted. Your continued use of the Website means that you accept the amendments. If you do not agree with the amended Terms, do not use or access the Website. These Terms may not otherwise be amended.

LICENSE

Azuray grants you a limited, non-exclusive and non-transferable license to use and access the Website, subject to these Terms. Azuray does not grant you any other right, title or interest in the Website or its contents.

ACCESS

Certain portions of the Website may require you to have an account. This may require you to provide information to Azuray for registration. You agree to (a) provide true, accurate, current and complete information about yourself as requested and (b) promptly update this information as required to keep it true, accurate, current and complete. Please see our Privacy Policy above for details about how Azuray manages personal information that you may provide.

Azuray has the right, in its sole discretion, to suspend or terminate your access and use of the Website in the event Azuray believes that you are conducting yourself or providing information in a manner which is in breach of these Terms.

Azuray does not intend its Website for use by children under the age of 13. If you are 13 or younger, you may not access or use the Website.

Any access or use of the Website in violation of these Terms is a trespass on Azuray's computer systems, an infringement of Azuray's intellectual property and an unlawful use of Azuray's assets.

USER CONDUCT

As a user, you will conduct yourself in a manner consistent with these Terms.

In addition, you shall not:

  1. submit any information or link to any content, information or service that is obscene or contains pornography of any kind;
  2. use the Website to commit any dishonest act, act of fraud or any act that potentially or actually violates any third party rights;
  3. submit any information or link to any material that potentially or actually violates any other party’s intellectual property or proprietary rights, including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
  4. submit any information or link to any material that is defamatory, libelous, harassing or threatening of or to any person or entity;
  5. submit any information or link to any material that is potentially or actually harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distributes any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
  6. submit any information or link to any material that in any way violates any federal, state or local law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright;
  7. undertake any activity that potentially or actually creates liability or damage to Azuray, its computer systems or service providers;
  8. send unsolicited e-mail to other users; or
  9. harvest or collect information about other users, including e-mail addresses, without the user’s consent.

You may not to use any spider, robot or other automatic means to search or monitor the content of the Website. You may not use any automatic means, including software, to attempt to or actually interfere with Azuray's products and Websites or their use by any other user. You may not cause any unreasonable burden or load on Azuray's software or its computer systems.

INTELLECTUAL PROPERTY

Azuray has certain protectable proprietary rights in its products and Website, including copyrights and trademarks. Other than as specifically stated in these Terms, you may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any content contained on the Website.

If you believe that your copyright rights have been violated by any content on our Website, please contact us at:

Copyright Issue
Attn: Azuray Technologies, Care of Alto Law Group
813 SW Alder
Suite 450
Portland, OR 97205
(503) 922-2333

WARRANTY DISCLAIMER

THE AZURAY WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS USED BY YOU AT YOUR SOLE RISK. AZURAY MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. AZURAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS CONTAINED IN THE WEBSITE. AZURAY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.

LIMITED LIABILITY

You agree that Azuray will not be liable for any delay, interruption or unavailability of any of the Website or related products and services, whether due to an act or omission of Azuray or any other party.

Azuray does not guarantee the quality, accuracy, completeness or timeliness of information posted on the Website and assumes no obligation to update the information or advise on further developments concerning topics mentioned.

Any information provided may be changed without notice.

IN NO EVENT SHALL AZURAY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE AZURAY WEBSITE, INCLUDING THROUGH NEGLIGENCE, EVEN IF AZURAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GENERAL

You and Azuray are independent of each other and neither you or Azuray intends to create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship by these Terms. Azuray's failure to insist upon or enforce strict compliance with any provision of these Terms shall not be construed as a waiver of any provision or right of the same or different type in the future. These Terms are the entire terms and conditions with respect to your use of and access to the Website. No representative of Azuray is authorized to amend these Terms. Amendments shall only be effective as provided above. The provisions relating to intellectual property, warranty disclaimer, limited liability, and governing law shall survive any termination of these Terms. These Terms, the relationship between you and Azuray, your use of the Website, and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the State of Oregon, U.S.A., without reference to conflicts of laws. You agree that any legal action or proceeding between you and Azuray that arises from or relates to these Terms or the Website shall be brought exclusively in the courts located in Portland, Oregon. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect. Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.