WAVEMAKER® TERMS OF USE

The following terms and conditions (these “Terms”) govern your use of the WaveMaker.com website (referred to as the “Site”) as well as the content, products, software, source code, other websites and services (collectively, including the Site, the “Services”) made available by the Site’s owner, WaveMaker, Inc.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, AS THEY MAY BE MODIFIED OR AMENDED FROM TIME TO TIME BY WAVEMAKER IN ITS DISCRETION.  ANY SUCH AMENDMENTS TO THESE TERMS BECOME EFFECTIVE AT THE TIME THEY ARE POSTED TO THE SITE, AND EACH TIME YOU ACCESS OR USE ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AS AMENDED.   IF YOU DO NOT AGREE, YOU SHOULD DISCONTINUE USE OF THE SITE AND ALL OTHER SERVICES IMMEDIATELY.

The words “we”, “us” and “our” means WaveMaker, Inc.  The words “you” and “your” refers to the person accessing or using the Services subject to these Terms.  To the extent you access or use the Services as an employee, manager, member or agent of any entity, you also accept these Terms on behalf of such employer, principal or other entity.

1. You agree the information you provide when you register to use the Services will be true and accurate and kept up to date by you. You agree not to enter false information or impersonate any other person when you use the Services. You must be 18 years of age or older to use the Services.
2. Our Privacy Policy is incorporated herein by reference. By using this Site or other Services, you consent to the use of your personal information including but not limited to your email address for contacting you pursuant to our Privacy Policy.

3. If you wish to access and use the Services for any purpose other than to view the information publicly available at the Site or contact us, you will be required to accept and comply with the terms and conditions of a separate evaluation license, open source software license, enterprise software license or other terms of service or agreement with WaveMaker (a “Service Agreement”).  In the event of any conflict or inconsistency between these Terms and your Service Agreement, the terms of your Service Agreement will govern.
4. You agree not to use or permit the use of the Services directly or indirectly for any of the following:
   1. Disclosing personally identifying information or private information of any person without his or her consent;
   2. Posting or sending material that is grossly offensive, obscene, lewd, lascivious, pornographic, profane or violent, harassing or otherwise objectionable, libelous, defamatory or threatening or that promotes or encourages hatred, violence, racism or criminal conduct;
   3. Uploading or spreading computer viruses, worms, Trojan horses, spyware or other harmful code;
   4. Infringing the intellectual property rights or misappropriating trade secrets of any third party;
   5. Fraudulently inducing the purchase of goods or services or disclosure of information by any User;
   6. Selling or marketing unlawful products or services;
   7. Selling or marketing products or services or soliciting funds or information in a manner that is prohibited by applicable law or regulation;
   8. Deceiving any User regarding the identity of you or your organization; or
   9. Violating your Service Agreement.

5. By these Terms we are only providing you with the right to access and use the Services for the limited purposes set forth above. As between the parties, WaveMaker retains sole and exclusive ownership of and all right, title, and interest in and to the Services (including ownership of all trade secrets, trade dress, copyrights, and other intellectual property interests pertaining to the Services) and to all modifications and enhancements of the Services, subject only to the rights and privileges expressly granted to you under these Terms.  The WaveMaker® name and logo are trademarks of WaveMaker, Inc. and its affiliates.  In addition, the Services are presented with a distinctive “look and feel,” and this “look and feel” is the proprietary property of WaveMaker. We reserve all rights in and to the Services not expressly granted under these Terms.
6. The Services are protected by U.S. copyright laws and international treaty provisions.  Except to the extent expressly permitted under the terms of your Service Agreement, you agree not to rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify, timeshare, translate, reverse engineer, decompile or disassemble or create derivative works from the Services.
7. You shall not remove, modify or copy any WaveMaker or third party trademarks accessed through the Site. All third party marks are the properties of their respective owners and may be used by you only in connection with use of the Services and for no other purpose whatsoever.
8. The Site and any Services may be modified, revised, suspended or discontinued in whole or in part, either temporarily or permanently, with or without notice, in our discretion.  No resale, sale or use for commercial purposes of any portion of the Services is authorized or permitted except with our prior written consent. We reserve the right in our discretion to deny access to the Services by or through any person, network or device.

9. We assume no responsibility or make any representation or warranty with respect to websites or services owned and operated independently by third parties (including but not limited to our partners or affiliates) which may be accessed by you or Users through links on the Site or otherwise from the Services.

10. We will not knowingly publish content in violation of applicable copyright law. If you believe content has been displayed, reproduced, printed or otherwise distributed by us through this website in violation of any third party copyright, please notify us in writing. Send your notice to WaveMaker, Inc. 1975 W. El Camino Real, Suite 301, Mountain View, California 94040, attention: chief legal officer, and include the following:
    1. electronic or physical signature of a person authorized to act for the copyright owner
    2. description of the copyrighted work
    3. description of where the infringing content is located on this website
    4. your office or home address, telephone number and email address
    5. a statement of good faith belief that the use of the work is not permitted by the copyright owner, and
    6. a statement under penalty of perjury that the above is true and you are authorized to act for the owner.

11. THE SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR ERRORS. ALL SERVICES, INCLUDING BUT NOT LIMITED TO SITE CONTENT AND SOFTWARE MADE AVAILABLE FOR USE OR DOWNLOAD, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (II) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

12. EXCEPT FOR CLAIMS OF A NATURE THAT APPLICABLE LAW DOES NOT PERMIT TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, WAVEMAKER, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNATIVE OR INCIDENTAL DAMAGES OF ANY KIND RELATING TO YOUR USE OF THE SERVICES. FURTHERMORE, EXCEPT FOR CLAIMS OF A NATURE THAT APPLICABLE LAW DOES NOT PERMIT TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, THE MAXIMUM LIABILITY OF WAVEMAKER, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL PURCHASE PRICE PAID BY YOU FOR SERVICES WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF CLAIMS OR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL LIABILITIES

13. You agree to indemnify and hold harmless WaveMaker, its subsidiaries, affiliates, directors, officers and employees, from and against any and all liabilities, damages, losses, costs or expenses (including reasonable attorneys’ fees) arising from or relating to any third party claim, action or demand asserted against any of the foregoing parties based on: (a) any breach of these Terms by you or anyone accessing the Services using your login credentials; or (b) any violation of law, regulation or third party rights in connection with your use of the Services.

14. Your right to access and use the Services shall terminate immediately upon your breach of any Terms.

15. Nothing express or implied in these Terms is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective permitted successors or assigns, any rights, remedies, obligations or liabilities whatsoever. You may not assign any of your rights hereunder and any purported assignment by you shall be invalid. We may assign any and all rights or obligations under these Terms in our discretion.
16. If you are provided with any standalone software for use with the Services, you acknowledge that such software may be subject to regulation by local laws and United States government agencies which prohibit export or diversion of certain products, information about the products, or direct products of the products to certain countries and certain persons. You represent and warrant that you will not export or re-export such software in violation of these regulations to a national destination prohibited under these regulations or to any person to whom exports, re-exports or transfers are prohibited under these regulations.
17. You acknowledge that your breach of any of the provisions of these Terms may cause immediate and irreparable harm to WaveMaker for which we may not have an adequate remedy in money or damages. We will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. Our right to obtain injunctive relief will not limit its right to seek or obtain further remedies.
18. Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
19. These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its choice of law principles and the applicable federal laws of the United States.

Please direct questions about these terms & conditions to support@wavemaker.com.