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Optaros EOS End User Terms of Use and Privacy Policy

Optaros EOS End User Terms of Use and Privacy Policy

The Optaros EOS web site (the “EOS Site”) is provided for informational purposes by Optaros, Inc. (“Optaros,” “us,” “we,” or “our”). Your use of the EOS Site is subject to the terms and conditions below (“Terms of Use”), as well as the privacy policy set forth below (“Privacy Policy”). Your use of other web sites operated by Optaros may be governed by different terms and conditions or privacy policies. In the event of a conflict between any term or condition of these Terms of Use or the Privacy Policy, on the one hand, and any other terms of use or privacy or other policies, on the other hand, the applicable term or condition of these Terms of Use or the Privacy Policy shall prevail with respect to your use of the EOS Site.

By accessing and using the EOS Site, or by clicking “I Accept” when signing up for a user account at the EOS Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy referenced below. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use this EOS Site. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the EOS Site.

Use of the EOS Site

This EOS Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the EOS Site, our partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your permission to access and/or use the Content and EOS Site automatically terminates and you must immediately destroy any copies you have made of the Content.

Various company, product, and service names displayed on the EOS Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Nothing on this EOS Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this EOS Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The information made available through the EOS Site is intended for general, informational use only, as a guide to allow readers to find open source projects offered by third parties that he or she might want to consider further. The selection and evaluation of the individual technologies described on the EOS Site was made on the basis of the experience and information available at the time of composition. For example, ratings and descriptions have been compiled based on the Optaros team’s own experience and by talking to specialists and community members around the globe, and are intended only to express the current understanding and opinion of Optaros. The descriptions presented therefore may not provide complete information, or the opinions of all parties, about the activities or users of any particular project. Users of the EOS Site should therefore make their own informed technical, legal, and practical assessment of the capabilities of the described software and the licensing terms under which such software is offered by the authors and distributors of such software prior to downloading and/or using it. The EOS Site should not be relied on for determination about whether the software described will be suitable for a reader’s particular purpose. Optaros makes no representations or warranties concerning the accuracy or completeness of the information provided on the EOS Ste and disclaims any and all express or implied warranties or liability arising as the result of your use thereof.

The EOS Site contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, the EOS Site contains content posted, stored, or displayed at the direction of users of the EOS Site, for which we cannot accept any responsibility or liability.

The EOS Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the EOS Site, which in our sole judgment, degrades the reliability, speed, or operation of the EOS Site or any underlying hardware or software thereof, and (iii) any use of the EOS Site which is unlawful or in violation of these Terms of Use.

By using the EOS Site, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age.

Membership in the EOS Site is subject, in our sole discretion, to termination at any time.

User Content

The EOS Site may now or in the future permit the submission of Content at the direction of users of the EOS Site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the EOS Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the EOS Site and these Terms of Use. By submitting the User Content to us, you hereby grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the EOS Site and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the EOS Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the EOS Site a non-exclusive license to access your User Content through the EOS Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the EOS Site and under these Terms of Use.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities or infringement of intellectual property rights on this EOS Site, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the EOS Site, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the EOS Site more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online EOS Site are covered by a single notification, a representative list of such works at that EOS Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) is reached at eos@optaros.com. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified on the EOS Site.

Indemnity

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the EOS Site. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Disclaimer of Warranty and Limitation of Liability

WE, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. WE SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE EOS SITE AND THE CONTENT AT YOUR OWN RISK.

WE MAKE NO WARRANTY THAT THE EOS SITE WILL OPERATE ERROR?FREE OR THAT THE EOS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE EOS SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE EOS SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON?INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE EOS SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

This Privacy Policy was last updated on May 18, 2007.

Our Policy:

Through the EOS Site, we may provide you with access to content and interactive and informational resources (collectively, “Services”). This Privacy Policy sets forth policies with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from you when using the EOS Site.

Information We Collect:

When you interact with us through the EOS Site, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the EOS Site: We collect Personal Data from you when you voluntarily choose to provide such information such as when you contact us with inquiries, respond to one of our surveys or contests, register for access to the Services or use certain Services. Wherever we collect Personal Data we make an effort to provide a link to this Privacy Policy. By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to this EOS Site, you acknowledge and agree that such Personal Data may be transferred from your current location to our offices and servers.

Other Information: Non-Identifiable Data: When you utilize the EOS Site, we may receive certain personally non-identifiable information about your use of the EOS Site. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. We may store such information ourselves or it may be included in databases owned and maintained by our affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to the EOS Site, the number of visitors to each page of the EOS Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.

In operating this EOS Site, we may use cookies. A cookie is a piece of information that the computer or computers that host our EOS Site give to your browser when you access the EOS Site. Our cookies help provide additional functionality to the EOS Site and help us analyze EOS Site usage more accurately. For instance, our EOS Site may set a cookie on your browser that keeps you from needing to remember and then enter a password more than once during a visit to the EOS Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the EOS Site’s features.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, we may conduct research on our end user’s demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated data with our affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Our Use of Your Personal Data and Other Information:

We will use the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, will we use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide access to such services and to monitor your use of such services. We may also use your Personal Data and other personally non-identifiable information collected through the EOS Site to help us improve the content and functionality of the EOS Site, to better understand our users and to improve the Services. We may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, at any time you wish not to receive any future communications or to have your name deleted from our mailing lists please contact us as indicated below.

Our Disclosure of Your Personal Data and Other Information:

There are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business, assets or this EOS Site, Personal Data may be part of the transferred assets.

Service Providers, Agents and Related Third Parties: We sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we may need to provide them with access to certain Personal Data. However, we only provide them with the information that they need to perform their specific function.

Legal Requirements: We may also disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the EOS Site or the public, or (iv) protect against legal liability.

Your Choices:

You can use the EOS Site without providing any Personal Data, however, you may not be able to use certain Services.

Exclusions:

This Privacy Policy shall not apply to any unsolicited information you provide to us through this EOS Site or through any other means. This includes, but is not limited to, information posted to any public areas of the EOS Site, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing services, and other unsolicited submissions (collectively, “Unsolicited Information”), including all User Content as that term is defined in our Terms of Use. All such Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution. Please also note that any Personal Data or other information you provide to be displayed in your publicly available online profile will be displayed for others to see and thus will not be subject to the terms of this Privacy Policy. We cannot and will not be responsible for what third parties do with any Personal Data or other information that you choose to make publicly available. As such, we advise that you exercise great care in determining what information you choose to make publicly available through this EOS Site.

Children:

We do not knowingly collect Personal Data from children under the age of 13. If you are under thirteen, please do not submit any Personal Data through the EOS Site. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provider Personal Data on this EOS Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through this EOS Site, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Web Sites:

This Privacy Policy applies only to the EOS Site. The EOS Site may frame or contain references or links to other web sites not operated or controlled us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the EOS Site do not imply our review or endorsement of the Third Party Sites. We suggest contacting the owners of those sites directly for information on their privacy policies.

Security:

We take reasonable steps to protect the Personal Data provided via the EOS Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the EOS Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to us via the Internet.

Changes to Our Privacy Policy:

The EOS Site may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. Accordingly, we reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the EOS Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information; Contacting Us:

Through the EOS Site, we provide you with access to update your profile and revise Personal Data previously submitted to the EOS Site.

You may contact us in the event you have questions about Service this Privacy Policy or our information practices. All inquiries related to this Privacy Policy may be addressed to eos@optaros.com.

Optaros EOS End User Terms of Use and Privacy Policy Optaros EOS End User Terms of Use and Privacy Policy