TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use govern your use of the Yardstick Itematic web site (the “Site”) offered to you by Yardstick
Software Inc. (“Yardstick”). Your use of the Site constitutes your acceptance of and your agreement to follow and be bound by these Terms
and Conditions of Use without modification. Yardstick requests that you carefully read the Terms and Conditions of Use provided before using
the Site. If these Terms and Conditions of Use are not acceptable to you for any reason, you must exit immediately and discontinue using the Site.
Yardstick License to You to Use the Site
Yardstick grants you permission to view and use the Site and all information, materials and content made available to you on the Site and to print
individual pages from the Site subject to the restrictions set forth below. The Site and its contents are for your personal and non-commercial use
only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell
any information, software, products or services obtained from the Site. This is a license only and not a transfer of title. Without the prior written
consent of Yardstick, you may not (a) modify the content of the Site for any purpose, (b) decompile, reverse engineer or disassemble software materials,
(c) remove any copyright notice or other proprietary notices from the content of the Site, (d) transfer the content of the Site to another person or
(e) allow any one else to copy any portion of the content of the Site.
Evaluation License
This license is being provided for demonstration or evaluation purposes, you agree: (a) to use the Site solely for such purpose; (b) that the Site
will not be used or deployed in a production or development environment; and (c) that the Site is provided “AS IS” without maintenance or any
warranties.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you represent and warrant to Yardstick that you will not use the Site or any of the content of the Site for
any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use the Site in any manner that could damage, disable,
overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided for through the Site. Materials provided on the Site are provided as a
service to Yardstick customers to be used for informational purposes only. Yardstick makes no representations about the suitability of such materials
for any purpose.
Changes to the Site and Terms and Conditions of Use
Yardstick reserves the right to change, move or delete portions of or add to the Site and these Terms and Conditions of Use from time to time without
prior notice to you. Your use of the Site following any such changes constitutes your agreement to follow and to be bound by such terms as changed.
For that reason, Yardstick recommends that you read these Terms and Conditions of Use each time you visit the Site.
Yardstick Owns the Contents of the Site
Unless otherwise noted, all information, trademarks, copyrighted material, trade dress, images, illustrations, designs, icons, photographs,
video clips, software, content, specifications, catalogs, literature, technical papers, advertisements, and other materials on the Site, except
proprietary material contained in Sites linked to the Site (“Yardstick Proprietary Material”) is the exclusive property of Yardstick. Yardstick
Proprietary Material is protected by applicable worldwide intellectual property rights and, except as provided by these Terms and Conditions of
Use, Yardstick grants no express or implied right to use any Yardstick Proprietary Material.
Disclaimer
You assume all responsibility and risk for the use of the site and the Internet generally. Yardstick and/or its respective suppliers make no
representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, and services
contained on the site for any purpose. All information, software, products and services provided on the site are provided “as is” without any
express or implied warranty of any kind. Yardstick and/or its respective suppliers hereby disclaim all warranties and conditions with regard to
this information, software, products and services including, without limitation, warranties of merchantability, fitness for a particular purpose,
noninfringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.
In no event will Yardstick and/or its suppliers be liable for any damages whatsoever (including, without limitation, any special, punitive,
incidental, indirect or consequential damages or damages resulting from loss of use of data, or profits, or business interruption) arising out
of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision
of or failure to provide services, or for any information, software, products and services obtained through the site, or otherwise arising out of
the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Yardstick or any of its suppliers has
been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms
and conditions of use, your sole and exclusive remedy is to discontinue using the site.
Copyrights and Trademarks
All contents of the Site are: Copyright © Yardstick Software Inc. and/or its subsidiaries, affiliates or suppliers. All rights reserved. All
rights not expressly granted herein are reserved by Yardstick Software Inc. and/or its suppliers.
Indemnification by You
By using the Site, you agree to indemnify, defend and hold harmless Yardstick, its employees, directors, officers, agents, subsidiaries and
affiliates from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from or
related to your use of the Site or the material provided therein and any breach by you of these Terms and Conditions of Use.
Termination/Access Restriction
Yardstick reserves the right, in its sole discretion, to terminate your access to any or all of the Site and the related services or any portion
thereof at any time, without notice.
General
The Site is controlled and operated by Yardstick from its offices at Edmonton, Alberta, Canada. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Yardstick with respect to the Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Yardstick with respect to the Site. In the event that any of these Terms and
Conditions of Use conflict with the any other terms and guidelines contained within the Site, then these Terms and Conditions of Use shall control.
Copyright 2015
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