General

Please read these terms of use (the “Terms”) carefully before using the websites of Hopara, Inc. and its subsidiaries (collectively “Hopara”). By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree tox be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. Any diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics or photographs) that Hopara may make available through the websites (collectively, “Materials”) and any services that Hopara may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “Hopara Websites.”

Hopara reserves the right to modify these Terms, or change or remove features of Hopara Websites at any time. Your continued use of Hopara Websites after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Hopara Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.

Use of Software

To the extent that Hopara provides for the download of proprietary Hopara software or open source software from Hopara’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Hopara or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.
All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled or size restricted and may cease to operate after a period of time or beyond a certain size.

Trademarks

Hopara reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Hopara will be collectively referred to as “Hopara Marks”.

No employee or other representative of Hopara is authorized to grant permission to use Hopara Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to Hopara Marks by a Hopara employee in the absence of a formal written agreement cannot be relied upon.

The Hopara Marks are highly valued intellectual property, and therefore Hopara will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Hopara Marks or which are likely to cause confusion with Hopara Marks.
Hopara does not object to the use of the Hopara Marks (other than logos) to refer specifically to the products of Hopara. However, a purely referential use or nominative fair use of the Hopara Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.
In the United States, registered Hopara Marks should be designated by the symbol “®”, while unregistered Hopara Marks should be identified by a “™” designation. The Hopara Marks must be used as adjectives, rather than as nouns or verbs. 

Linking To Hopara Websites

Linking to the Hopara Websites (including an internal or subsidiary page of any website comprising a part of the Hopara Websites) must be approved in writing by Hopara, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

  1. does not utilize content of a Hopara Website;
  2. does not utilize a Hopara logo;
  3. does not use framing of a Hopara Website;
  4. does not misrepresent an affiliation or other relationship with Hopara;
  5. does not misrepresent any possible endorsement by Hopara;
  6. does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
  7. is promptly modified to delete the hyperlink upon request by Hopara. 

Copyright

Except where otherwise specified, the contents of the Hopara Websites are subject to copyright. Copyright © 2020 – 2022 Hopara, Inc. All rights reserved. The contents of the Hopara Websites are protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. You may not copy or distribute any portion of the Hopara Websites, except as necessary to view the Hopara Websites.

Links to Third Party Sites

Links on the Hopara Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Hopara Websites. Hopara does not endorse or make any representations about such third party websites, and Hopara is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Hopara does not control those websites, and Hopara is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Anti-Piracy/License Compliance

Hopara protects its technology vigilantly and permits others to use it by virtue of license agreements. The use or distribution of Hopara software without permission from Hopara is software piracy. Hopara may distribute and sell its product through a channel network of distributors and resellers worldwide. Hopara does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators. If you are contemplating or have obtained Hopara software through one of these avenues, you likely will find yourself with pirated software. Please contact Hopara for assistance with your own or another’s unauthorized use of Hopara software.

Hopara also understands that some customers may have challenges with managing their software licenses. In these instances, Hopara’s License Compliance team may assist by reviewing deployment records and reconciling them with Hopara’s internal entitlement records. The goal of this program is to educate Hopara’s customers on the terms of their licenses with Hopara and to bring the entitlement records in line with usage. Please contact Hopara’s License Compliance team with questions or issues about your company’s usage at managementteam@hopara.io.

Indemnification

You agree to indemnify, defend and hold harmless Hopara, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Hopara Websites or violation of these Terms. Hopara reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Hopara’s defense of such claim, and in no event may you agree to any settlement affecting Hopara without Hopara’s written consent.

Electronic Communications

When you visit the Hopara Websites or send e-mails to Hopara, you are communicating with Hopara electronically. We may respond to you by e-mail or by posting notices on the Hopara Websites. You agree that all such notices, disclosures and other communications that Hopara provides to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimers

Information on the Hopara Websites is not promised or guaranteed to be correct, current or complete, and the Hopara Websites may contain technical inaccuracies or typographical errors. Hopara assumes no responsibility (and expressly disclaims responsibility) for updating the Hopara Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Hopara Websites. Hopara provides no assurances that any reported problems will be resolved by Hopara, even if Hopara elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE HOPARA WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. HOPARA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOPARA MAKES NO WARRANTY THAT THE HOPARA WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE HOPARA WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL HOPARA BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE HOPARA WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF HOPARA HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Hopara may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Hopara’s liability shall be the minimum permitted under such applicable law.

Rev. 9-1-22

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