Terms of Use

These terms and conditions (the "Terms") govern your use of this Percussion Software, Inc. ("Percussion") Web site (the "Web site"). If you do not agree with these Terms, do not use this Web site. In addition, you may wish to review Percussion Software's privacy policy.

General Use Restrictions

All information, documents, products, software, and services (the "Materials") provided on this Web site were provided by or to Percussion by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted work of Percussion and/or the 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 otherwise, without the prior express written permission of Percussion or the Third Party Provider. No part of the Web site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Percussion. You also may not, without Percussion's prior express written permission, "mirror" any Material contained on this Web site on any other server.

Nothing on this Web site shall be construed as conferring any license under any of Percussion's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Permission is granted to display, copy, distribute and download Percussion's Materials on this Web site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials.

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

Third Party Content Disclaimer

Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Percussion. Percussion does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Percussion.

Percussion is committed to respecting others' intellectual property rights, and we ask our users to do the same. Percussion may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Web site, please contact us at marketing@percussion.com with the following information:

  • a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our Web site;
  • your address, telephone number, and email address so that we can contact you;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Links to Third Party Sites

This Web site may be linked to other Web sites, which are not under the control of and are not maintained by Percussion. Percussion is not responsible for the content of those sites. Percussion is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Percussion of those sites.

Software Use Restrictions

Any software that is made available to download from the Web site (the "Software") is the copyrighted work of Percussion and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.

Installation assistance, product support and maintenance, if any, of the Software are available from Percussion and/or the Third Party Providers, as the case may be.

Software is warranted, if at all, in accordance with the terms of the license agreement. Except as set forth in the license agreement, all expressed or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid.

Submissions

Unless otherwise explicitly stated, herein, or in percussion.com's Privacy Policy, any Materials provided by you in connection with this Web site shall be deemed provided on a non-proprietary and non-confidential basis. Percussion shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you, not Percussion, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.

Disclaimer of Warranty

Unless otherwise explicity stated, the materials on the Web site are provided "as is", are experimental, and are for commercial use only, and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. Percussion makes no representations, warranties, or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the materials contained on the Web site. Any questions regarding the materials should be directed to the providers of such materials.

Limitation of Liability

Percussion shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading materials from its Web site. In no event shall Percussion be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach or in tort, even if Percussion has been previously advised of the possibility of such damage.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Web site and will not make a claim against Percussion

You agree to hold percussion harmless from, and you covenant not to sue percussion for, any claims based on using the Web site.

Local Laws; Export Control

Percussion controls and operates this Web site from its headquarters in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web site from other locations, 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 Web site are solely directed to individuals, companies or other entities located in the United States, the United Kingdom, European Economic Union and Australia.

You acknowledge and agree that Materials are subject to the U.S. Export Administration 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. Countries subject to U.S. embargo are Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Percussion, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury'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 Web site could include inaccuracies or typographical errors. Percussion 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. Changes are periodically made to the Web site.

Any action related to these Terms will be governed by Massachusetts's 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 Web site and prevail over any prior or contemporaneous, conflicting or additional, communications. Percussion can revise these Terms at any time without notice by updating this posting.

Trademarks

Percussion, the Percussion Logo, Lyrix, Notrix, PowerFlow, Rhythmyx, ServerAdmin Plus, all Percussion product logos, and "Practical ECM for a Multi-Channel World" are trademarks or registered trademarks of Percussion Software, Inc. in the United States and other countries.

Lotus and Lotus Notes are registered trademarks and Notes and Domino are trademarks of IBM Corporation.

Java and all Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries. All other software and hardware products mentioned by name may be claimed as trademarks by the companies that manufacture the products. It is not our intention to claim these names or trademarks as our own.

Copyright Notice

© Copyright 1994-2014 by Percussion Software Inc., 600 Unicorn Park Drive, Woburn, MA 01801 USA. All rights reserved.