Terms & Conditions | Legal Agreements

Terms and Conditions of Use of Website

LEGAL NOTICE: BY ENTERING AND USING WWW.INFLECTRA.COM, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING THAT YOU AGREE TO BE BOUND BY THEM.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your use of this website is expressly conditioned on your acceptance of the following terms and conditions. By using this website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this website.

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All images, website design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software
Copyright © 2006-2015, Inflectra Corporation. ALL RIGHTS RESERVED.

OWNERSHIP. This website, and each of its components, is the copyrighted property of Inflectra Corporation. ("Inflectra"), and/or its various third party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Inflectra with the exception of the 'Ideas' section and published news articles or press releases. The contents of the 'Ideas' section and published news articles and press releases may be distributed and/or republished as long as a link to the original content on this website is included with the re-distributed/published content.

In addition, the name Inflectra® and Inflectra products referenced herein (including but not limited to SpiraTest®, SpiraPlan®, SpiraTeam®, RemoteLaunch®, Rapise®, KronoDesk®, Spira®, SpiraCapture™, InflectraCon®, and TaraVault®) are trademarks or registered trademarks of Inflectra Corporation in the United States and other countries. Other product and company names mentioned herein may be the trademarks of their respective owners. Microsoft, Windows, .NET and the Windows logo are registered trademarks of Microsoft Corporation. Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of Inflectra or the owner of the Trademarks.
USE OF WEBSITE. Information on this web site may contain technical inaccuracies or typographical errors and may be changed or updated without notice. Inflectra Corporation, including its affiliates ("Inflectra"), may also make improvements and/or changes in the products and/or programs described on this web site at any time without notice. You may only use this website to browse the content, make permitted downloads of materials, or to make inquiries to Inflectra and for no other purposes. This website and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the express permission of Inflectra, except as outlined in the previous section 'OWNERSHIP'.

Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited with the exception of content syndicated from the Inflectra 'Ideas' section or a published Inflectra news article or press release.

You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Any links from this website to other websites or e-mail addresses are provided for your information and convenience only. Inflectra does not assume any responsibility or liability with respect to any website linked from this website, or any e-mail address (or any website linking to this website), including its content and operation. Inflectra does not review or monitor such links. A link from this website to another website or e-mail address (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website contains "links" to many websites, Inflectra is not responsible for the content or the privacy practices employed by other websites.
USE OF SOFTWARE. All software that is made available from this web site, including without limitation any ActiveX controls, Java applets, Flash multimedia files and browser plugins ("Software"), is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. All title and copyrights in and to the Software, and any copies thereof, are owned by Inflectra and/or its suppliers. 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 ("License Agreement"). An end user will be unable to download and/or install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. For Software not accompanied by a License Agreement the terms and conditions set forth on this web page shall govern. All demonstration or evaluation Software is provided for academic/educational, evaluation, personal and internal use only and may not be used for commercial, development or production purposes. In addition, such Software may be time-disabled. "Time-disabled" means that all Software functions and features will cease to operate after a period of time. Any unauthorized reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER WEB SITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF INFLECTRA.
AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using any password you are provided.
PRIVACY. You represent that you have read Inflectra's Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to Inflectra by Inflectra and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in Inflectra's Privacy Policy.
LINKS TO THIRD PARTY SITES. There are links on this site that will permit you to travel to other, third party web sites over which Inflectra has no control. Inflectra makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the sites which you may access through this Inflectra web site. Inflectra does not endorse or accept any responsibility for the content, or use, of any such linked web sites. There are inherent dangers in the use of any software available for downloading on the Internet, and Inflectra cautions you to make sure that you completely understand the potential risks before downloading any of the Software (including the potential infection of your system by computer viruses). You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the Software.
US GOVERNMENT RIGHTS. U.S. GOVERNMENT RIGHTS. Any Software which is downloaded from this web site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided to the U.S. Government as commercial computer software under FAR 12.212 and DFARS 227.7202, or an equivalent provision (e.g., in supplements of various U.S. government agencies, as applicable), and the restrictions set forth on the License Agreement and/or this web page. Manufacturer is Inflectra Corporation, and/or its affiliates, 8121 Georgia Avenue, Suite 504, Silver Spring, MD 20910-4957.
INTERNATIONAL ORDERS. When ordering software or other media from Inflectra Corporation, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
All payments to be made to Inflectra for such orders shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If a Party to this Agreement is compelled to make any such deduction, it will pay to the receiving Party such additional amounts as are necessary to ensure receipt by the receiving Party of the full amount which that party would have received but for the deduction.
EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country in violation of the laws and administrative regulations of the United States or any other applicable jurisdiction; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, installing or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.
EURO COMPLIANCE. The Inflectra software product SpiraTest (and all future versions thereof) are Euro compliant insofar as they are capable of displaying the Euro symbol (€) correctly, provided that support for the symbol is provided in the operating system on which they are running. Given the nature of these products and the systems that are used to implement the products, it is not possible for Inflectra to comment on the Euro compliance of specific multi-currency functionality in applications which have been developed with the products. Such applications should be checked individually for Euro compliance.
EXCLUSION OF WARRANTY. INFLECTRA MAKES NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR ANY MATERIALS PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. INFLECTRA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although Inflectra strives to provide on this website the latest information related to its developments, products and services, and other information about Inflectra, Inflectra does not warrant the accuracy, effectiveness and suitability of any information contained in this website. No warranty or representation of intended use, design or proposed improvements is made herein. Each visitor assumes full responsibility and all risks arising from use of this website. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. Inflectra may make additions, deletions, or modifications to the information at any time without any prior notification.
LIMITATION OF LIABILITY. INFLECTRA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE WEBSITE. IN NO EVENT SHALL INFLECTRA BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY INFLECTRA, EVEN IF INFLECTRA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU. NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF INFLECTRA FOR DAMAGES UNDER THESE TERMS OF USE EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). Certain jurisdictions might not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
INDEMNIFICATION. You shall defend and indemnify Inflectra and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this website.
SUBMISSIONS. "Submissions" means all comments, feedback, suggestions, photos, e-mail, phone number, address and similar information or materials that you submit to Inflectra regarding the products or services of Inflectra. Submissions will not be confidential and will become the property of Inflectra upon submission to Inflectra. By providing any such Submissions, you agree to assign to Inflectra, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Inflectra, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. As a matter of policy Inflectra does not prescreen or monitor any Submissions. Except as expressly stated and agreed upon in advance by Inflectra, no confidential relationship shall be established in the event that any user of this website should make any oral, written or electronic communication to Inflectra (such as feedback, questions, comments, suggestions, ideas, etc.). As the Inflectra website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Inflectra will obtain, use and maintain it in a manner consistent with its Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Inflectra shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, use or sale of other developments, products or services incorporating such information. You are fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
PRICES AND AVAILABILITY. PRICES AND AVAILABILITY OF PRODUCTS AND SERVICES LISTED ON THIS WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or a service on the website does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a third party, or for any other reason, Inflectra reserves the right to correct any such information. Products or services shown on the website are not intended to be a guaranty that such products or services are currently available from Inflectra or available from other sources.
REGISTRATION AND SECURITY. If you wish to register to obtain information from Inflectra, or otherwise to use certain services on the website, you may be required to provide certain information to us. By entering any information on the website, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Inflectra cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to Inflectra will be used in accordance with its Privacy Policy.
RELATIONSHIP. Your use of this website is independent of Inflectra and not as an employee, agent, partner, or joint venturer with Inflectra for any purpose.
GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of Maryland, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the courts located in the State of Maryland, in all questions and controversies arising out of your use of this website and this Agreement.
ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
MODIFICATION. Inflectra may at any time modify these terms and conditions and your continued use of this website will be conditioned upon the terms and conditions in force at the time of your use.
ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this website, and you agree to abide by such other terms and conditions.
SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.
PRESS RELEASES. The information contained within press releases issued by Inflectra should not be deemed accurate or current except as of the date the release was posted. Inflectra has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.