Privacy Policy
Thank you for visiting and shopping with us! This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. The privacy practices set forth in this privacy policy are for BixBlend products and Technology Lake LLC.
- Collection of Information: We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors when you order, not by simply visiting the website. The information you provide is used to fulfill you specific order request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
- Commitment to Data Security: Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
- Distribution of Information: We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to any companies for marketing purposes nor will we ever sell your personal information to anyone.
Personal Information
Under no circumstances do we transfer your email address to any other company, nor do we collect any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs.
There are two ways you can provide us with and consent to our collection of certain personal information:
|
E-mail Request - Links throughout our site provide you with the opportunity to contact us via e-mail to ask questions, request information and materials, or provide comments and suggestions. You may also be offered the opportunity to have one of our Sales Representatives contact you personally to provide additional information about our products or services. To do so, we may request additional personal information from you, such as your name and telephone number, to help us satisfy your request.
Enrollment - You may choose to enroll for one of our products or services where we will request certain information from you. Depending on the type of product or service that you request, you may be asked to provide different personal information. For certain products and services, we may require your name, address, telephone number, e-mail address, and credit card number. Other products and services may require different or supplemental information from you in order to apply.
|
Statistical Information About Your Visit
Information obtained while visiting our site does not identify you personally, but rather records information about a visit to our site. We may monitor statistics such as how many people visit our site, which pages people visit, and which browsers people use. We use these statistics about your visit to help us improve the performance of our web site and over all user experience.
Your Ability to Opt-Out of Further Notifications
Periodically, we notify our customers of new products, announcements, and updates. If you would like to opt-out of being notified, please contact us at support@technologylake.com
End User License Agreement
LICENSE AGREEMENT
PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") BEFORE USING THE SOFTWARE. THIS AGREEMENT TAKES EFFECT WHEN PRESENTED WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT SIGN YOUR AGREEMENT AND YOU MAY NOT USE THE SOFTWARE. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY.
1. License.
1.1 Grant of License. Subject to all of the terms and conditions of this Agreement, during the Term, TECHNOLOGY LAKE grants to Customer a non-transferable, non-sublicensable, non-exclusive license to use the TECHNOLOGY LAKE SOFTWARE as a Software as a Service (SaaS) only only in accordance with (i) the technical specification documentation generally made available by TECHNOLOGY LAKE to its customers with regard to the Software ("Documentation"), and (ii) this Agreement. In no event may the Software be used in a Production or Pre-production environment. "Production" means a live production environment, being actively used to process data or provide information to end-users. "Pre-production "means any pre-production server environment for quality assurance, testing or staging purposes.
1.2 Installation and Copies. Our cloud product is hosted by TECHNOLOGY LAKE and there is no installation unless specific in a specific contract for Enterprise purposes.
1.3 License Restrictions. Customer shall not (and shall not allow any third party to):
(a) decompile, disassemble, translate, reverse engineer or otherwise attempt to derive source code from any encrypted or encoded portion of the Software, in whole or in part, nor will Customer use any mechanical, electronic or other method to trace, decompile, disassemble, or identify the source code of the Software or encourage or permit others to do so (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions); provided, however, before Customer exercises any rights that Customer believes to be entitled to based on mandatory law, Customer shall provide TECHNOLOGY LAKE with thirty (30) days prior written notice and provide all reasonably requested information to allow Technology Lake LLC to assess Customer's claim and, at TECHNOLOGY LAKE sole discretion, to provide alternatives that reduce any adverse impact on TECHNOLOGY LAKE intellectual property or other rights;
(b) sell, sublicense, rent, lease, distribute, market, or commercialize for any purpose, including timesharing or service bureau purposes: (i) the Software, (ii) any modified version or derivative work of the Software created by the Customer or for the Customer, or (iii) any Technology Lake LLC software, either modified or not, licensed under an open source license;
(c) create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software, any additional licensing terms provided by TECHNOLOGY LAKE via product documentation, notification, and/or policy change posted at http://www.technologylake.com and the terms of this Agreement;
(d ) remove any product identification, proprietary, copyright or other notices contained in the Software;
(e) create a derivative work of any encrypted or encoded portion of the Software, or any other portion of the Software; or
(f) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software.
2. Ownership.
Notwithstanding anything to the contrary, except for the limited license rights expressly provided herein, Technology Lake LLC and its suppliers will retain all rights, title and interest in and to the Software (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) and all copies, modifications and derivative works thereof created by TECHNOLOGY LAKE. Customer acknowledges that it is obtaining only a limited license right to the Software.
3. Term of Agreement.
3.1 Term. This Agreement is effective as of the Effective Date and will continue for a period of one (1) year (“Initial Term”) This Agreement shall automatically renew for subsequent periods of one year (“each, a “Renewal Term”) unless either party gives the other written notice of termination prior to the renewal date (the “Initial Term” and each “Renewal Term” is collectively, the “Term”). Either party may terminate this Agreement at any time by providing notice to the other party
3.2 Effects of Termination. Upon expiration or termination of this Agreement for any reason: (a) Customer shall cease any and all use of the Software; (b) each party will return to the other party the Confidential Information of the other party that it obtained during the course of this Agreement
3.3 Survival. Sections 1.4 (License Restrictions), 2 (Ownership), 3 (Term of Agreement), 4 (Warranty Disclaimer), 5 (Limitation of Remedies and Damages), 6 (Confidential Information) and 7 (General) shall survive any termination or expiration of this Agreement.
4. Warranty Disclaimer.
THE SOFTWARE, IS PROVIDED "AS IS". TECHNOLOGY LAKE DOES NOT WARRANT THAT THE SOFTWARE, WILL OPERATE UNINTERRUPTED OR THAT IT WILL BE FREE FROM DEFECTS OR THAT THE SOFTWARE IS DESIGNED TO MEET CUSTOMER'S BUSINESS REQUIREMENTS. NEITHER TECHNOLOGY LAKE NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THE SOFTWARE IS NOT INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK OR STRICT LIABILITY ACTIVITY (INCLUDING, WITHOUT LIMITATION, AIR OR SPACE TRAVEL, POWER PLANT OPERATION, OR LIFE SUPPORT OR EMERGENCY MEDICAL OPERATIONS) AND THAT TECHNOLOGY LAKE MAKES NO WARRANTY AND SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY USE OF THE SOFTWARE IN SUCH SITUATIONS.
5. Limitation of Remedies and Damages.
5.1 TECHNOLOGY LAKE SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
5.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, TECHNOLOGY LAKE'S TOTAL AGGREGATE LIABILITY TO CUSTOMER SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY TECHNOLOGY LAKE'S SOLE NEGLIGENCE IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).
5.3 The provisions of this Section 6 allocate risks under this Agreement between Customer and TECHNOLOGY LAKE.
6. Confidential Information.
Customer agrees that all code, inventions, know-how, business, technical and financial information it obtains from TECHNOLOGY LAKE constitute the confidential property of TECHNOLOGY LAKE ("Confidential Information"). Except as expressly authorized herein, Customer will hold in confidence and not use or disclose any Confidential Information.
7. General.
7.1 Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.
7.2 Governing Law. This Agreement shall be governed by the laws of the State of New York and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act (UCITA). The jurisdiction and venue for actions related to the subject matter hereof shall be the New York state and United States federal courts located in New York, New York, and both parties irrevocably consent to such personal jurisdiction of such courts and waive all objections thereto.
7.3 Attorneys Fees and Costs. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys' fees and costs in connection with such action.
7.4 Notices and Reports. Any notice or report hereunder shall be in writing to the notice address set forth in the registration information shall be deemed given: (i) upon receipt if by personal delivery; (ii) upon receipt if sent by certified or registered U.S. mail (return receipt requested); or (iii) one day after it is sent if by next day delivery by a major commercial delivery service.
7.5 Amendments; Waivers. No supplement, modification, or amendment of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party to this Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived.
7.6 Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. This Agreement also supersedes all terms of the TECHNOLOGY LAKE Public License, Common Public Attribution License, and any other open source license under which TECHNOLOGY LAKE software may be licensed, any such Software shall be licensed under the terms of this Agreement. Customer acknowledges that TECHNOLOGY LAKE products are subscription-based products and that, in order to provide improved customer experience, TECHNOLOGY LAKE may make changes to the Software or Documentation. In such event, TECHNOLOGY LAKE will update the Documentation accordingly.
7.7 Independent Contractors. The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party's behalf without the other party's prior written consent.
7.8 Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to events which are beyond the reasonable control of such party, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.
7.9 Government End-Users. If the user or licensee of this commercial computer software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of this software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this contract in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. This product was developed fully at private expense. All other use is prohibited.
7.10 Export Compliance. Customer may not export or re-export the Software except in compliance with the United States Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, if applicable. The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Software and Documentation by the U.S. Government shall be governed solely by the terms of this Agreement. Customer acknowledges that the Software is subject to export restrictions by the United States government and import restrictions by certain foreign governments. Customer shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. Customer agrees to the foregoing and warrants that it is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Software is further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government.
7.11 Customer Acknowledgement. Customer agrees that TECHNOLOGY LAKE may from time to time identify Customer (with Customer's name, logo, or trademark) as a TECHNOLOGY LAKE customer in or on BizBlend's website, sales and marketing materials, or press releases. TECHNOLOGY LAKE may not use Customer's name, logo, or trademark for any other purpose without obtaining Customer's prior written consent.
7.12 Transmission of Information by Software. Customer understands and acknowledges that the Software may contain a feature that sends information about the technical operation of the Software on Customer's computer systems to TECHNOLOGY LAKE. Such information may include the operating system on which the Software is running, as well as the applicable Software and Microsoft.Net version numbers. This feature may be disabled by Customer by following the instructions provided by TECHNOLOGY LAKE. e Terms, whether by operation of law or otherwise, without the prior written consent of TECHNOLOGY LAKE. These Terms shall inure to the benefit of and be binding upon the parties hereto, and their successors and permitted assigns.