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Actuate Terms and Conditions

Welcome to the Actuate Corporation (“Actuate”) web site (“Web Site”).  Please read the following terms and conditions regarding the use of the Web Site.  By accessing, downloading or using any information, documents, software and products (“Materials”) from the Web Site, you agree to be bound by the terms and conditions (“Terms of Use”) that follow.  If you do not intend to be bound by such Terms of Use, please do not use the Web Site.

Privacy Policy

Please click here to view our Privacy Policy.

Use of Site Information

You may download, view, copy and print documents and graphics incorporated in Web Site (the “Documents”) subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; (b) the Documents may not be modified or altered in any way; and (c) any software that you download from this Web Site is subject to the terms of a software license agreement, which you must read and accept prior to downloading.  You may not download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web Site in whole or in part without the express authorization of Actuate.  You may not remove any copyright or other proprietary notices contained in the Documents.  Actuate reserves the right to revoke the authorization to view, download and print the Documents available on this Site at any time, and any such use shall be discontinued immediately upon written notice from Actuate.

Use of Forums and Public Communication

"Forum" means a discussion group, chat area, bulletin board, news group, letter to Actuate, its webmaster or employees, or e-mail function offered as part of the Web Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.

Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Web Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Actuate, you agree not to collect or store personal data about other users.

By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Actuate, you automatically grant (or warrant that the owner of such rights has expressly granted) Actuate a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.

Passwords and Security

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Web Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Actuate immediately of any unauthorized use of your password(s).

Actuate is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

Trademark Notice

The trademarks, logos, and service marks (“Marks”) displayed on this Web Site are the property of Actuate or other third parties.  You are not permitted to use the Marks without the prior written consent of Actuate or such third party which may own the Marks. Trademarks of Actuate include but are not limited to “Actuate” and the Actuate logo.

Monitoring

Actuate, its affiliates and agents are entitled, but not obligated, to review or retain your communications while you are visiting the Web Site. We may monitor your communications to evaluate the quality of service you receive, the security of the service, or for other reasons. You agree that Actuate’s monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Actuate monitors your communications. In no event will Actuate be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of Actuate’s monitoring activities.

Termination of Use

You agree that Actuate may, in its sole discretion, at any time terminate your access to the Web Site and any account(s) you may have in connection with the Web Site.

Links to Other Websites

Actuate provides links to other web sites. We do not control the other sites, and make no representations whatsoever concerning the content of those sites. The fact that Actuate has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Actuate cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Actuate liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.

Limitation of Liability

IN NO EVENT SHALL ACTUATE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY ACTUATE PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF ACTUATE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer

Actuate assumes no responsibility for accuracy, correctness, or content of the Materials provided on this Web Site.  You should not assume that the Materials on this Web Site are continuously updated or otherwise contain current information.  THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED “AS IS” AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

Minors Use of Website

Minors are not eligible to use the Web Site, and we ask that they do not submit any personal information to us.

Indemnity

You agree to indemnify, defend and hold Actuate harmless from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of this Web Site. 

General

These Terms of Use contain the entire agreement between you and Actuate and supercede all prior or contemporaneous communications between the parties regarding your use of the Web Site.  The section headings of these Terms of Use are for ease of reference only and shall not be admissible in any action to alter, modify, or interpret the contents of any section. All matters relating to your access and use of this Web Site shall be governed by the federal laws of the United States and the laws of the State of California.  The federal and state courts within San Mateo County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of, or relating to or in any way connected with your access and/or use of this Web. A finding by a court of competent jurisdiction that a provision of these Terms of Use is invalid, illegal, or unenforceable shall not affect any other part of these Terms of Use, and such provision shall be construed by limiting it to the extent necessary so as to be enforceable or, if such provision cannot be so limited, then these Terms of Use shall be construed as if they had never contained such provision.  The waiver by Actuate of any provision of these Terms of Use on any occasion and upon any particular circumstances shall not operate as a waiver of such provision on any other occasion or upon any other circumstances.