Terms of Use - MIR3, Inc.

Mass Notification & Emergency Notification Software

SupportTraining

Terms of Use

Welcome to the MIR3, Inc. (“MIR3”) website (the “Website”). Please review the following terms and conditions concerning your use of the website. By accessing, using or downloading any materials from the website, you agree to follow and be bound by these terms and conditions (the “Terms”). If you do not agree with these Terms, please do not use this website.

General Use Provisions

All materials provided on this website, including but not limited to information, documents, products, logos, graphics, sounds, images, software and services (“Materials”), are provided either by MIR3 or by their respective third party manufacturers, authors, developers and vendors (“Third-Party Providers”) and are the copyrighted work of MIR3 and/or its 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 other means, without the prior express written permission of MIR3 or the Third-Party Provider. Also, you may not “mirror” any Materials contained on this website on any other server without prior express written permission from MIR3. Except where expressly provided otherwise by MIR3, nothing on this website shall be construed to confer any license under any of MIR3 or any Third-Party Provider’s intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third-Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by MIR3. MIR3 does not provide, sell, license or lease any of the Materials other than those specifically identified as being provided by MIR3. MIR3 hereby grants you permission to display, distribute and download MIR3 Materials on this website 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, broadcast in any media or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Links to Third-Party Sites

This website may contain links to websites controlled by parties other than MIR3. MIR3 is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. MIR3 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MIR3 of the linked website. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

Third-Party Publications

MIR3 Systems has not co-authored, ratified, endorsed or adopted the information contained in any publications referenced on this website by publishing it herein.

Third-Party Statistics

MIR3 Systems has not co-authored, ratified, endorsed or adopted any statistics provided by third parties by publishing them on this website.

Software Use Restrictions

Any software that may be made available to download from this website (“Software”) is the copyrighted work of MIR3 and/or Third-Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (“License Agreement”). An end user agrees to the License Agreement terms by installing, copying or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, MIR3 HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Restricted Rights Legend

Any Software that is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable.

Submissions

Except where expressly provided otherwise by MIR3, all comments, feedback, information or materials submitted to MIR3 through or in association with this website (“Submissions”) shall be considered non-confidential and MIR3 property. By providing such Submissions to MIR3, you agree to assign to MIR3, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. MIR3 shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not MIR3, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MIR3, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS,” ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND MIR3 HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. MIR3 MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE.

Limitation of Liability

MIR3 SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL MIR3 BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF MIR3 HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST MIR3 FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD MIR3 HARMLESS FROM, AND YOU COVENANT NOT TO SUE MIR3 FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEBSITE.

Local Laws: Export Control

MIR3 controls and operates this website from its headquarters in various locations 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 website 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 website are solely directed to individuals, companies or other entities located in the United States of America. 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 there from, 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 MIR3, 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

MIR3 may make improvements and/or changes in the products, services, programs and prices described in this website at any time without notice. MIR3 may periodically make changes to the website. Any action related to these Terms will be governed by California 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 website and prevail over any prior or contemporaneous, conflicting or additional, communications. MIR3 has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by MIR3.

Intellectual Property Notices

Elements of the website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by MIR3. MIR3, the MIR3 logo, inEnterprise, inTechCenter, inAlertCenter, inAccountPortal, inSDK and/or other MIR3 products referenced herein are trademarks of MIR3, Inc., and may be registered in certain jurisdictions. TelAlert and IN are registerd marks of MIR3, Inc. All other product names, company names, marks, logos and symbols may be the trademarks of their respective owners.

Terms and Conditions

You represent and warrant that you will use the MIR3 Demo only to evaluate the technology and for lawful purposes in accordance with the terms specified herein. You hereby certify you have an existing relationship (business or otherwise) with all of the parties who will be called in performing the Demo. Further, You have determined the phone numbers to be called exclude emergency numbers, cell phone numbers and other numbers that may not be called using an automated system under applicable law, and that cell phone numbers will only be called when the owner of the cell phone has granted permission to do so. By way of example, and not as limitation, You agree to: comply with all federal, state and local laws, including but not limited to, the Fair Debt Collection Practices Act, Federal Trade Commission or any other federal or state regulatory authority, and that You will not, or allow any third party to: (i) engage in any illegal, unethical, deceptive or misleading practices in connection with the use of the Demo, including but not limited to, creating a false identity or forged email, phone or message header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (ii) use the Demo in connection with any junk email, junk phone messages, spamming or any unsolicited messages (commercial or otherwise); (iii) violate any privacy laws, privacy policies of Yours or any other third party; (iv) do anything that would justify a complaint to the Federal Communications Commission; (v) provide, or knowingly allow any third parties to provide, content or other material to be transmitted in connection with or through the Demo which: (a) is defamatory, libelous, obscene, or pornographic; (b) transmit any material that contains viruses, worms, cancel bots or any other harmful code or computer programs; or (c) that otherwise violates any law, statute, ordinance or regulation, (including without limitation the laws and regulations governing export control). The Demo is provided on an “as is” and “as available” basis WITHOUT WARRANTY OF ANY KIND. MIR3 EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE DEMO, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MIR3 DOES NOT REPRESENT OR WARRANT THAT THE DEMO WILL BE PROVIDED ERROR FREE, SECURE, VIRUS FREE OR WITHOUT INTERRUPTION. You will defend, indemnify and hold harmless MIR3 and its affiliates, licensors, suppliers, officers directors, employees and agents from and against any and all Claims arising out of or incurred as a result of: (i) any acts, omissions, and/or breaches of You or any third party you allow to use the Demo. MIR3 shall have the right at any time and for any reason, with or without cause, to terminate your access to the Demo.