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General Website Terms of Use

Published: January 24, 2004 | Updated: November 1, 2019

Please read these Website Terms of Use (“Terms of Use”) carefully before accessing or using any website maintained or operated by Idera, Inc. or any of its affiliate entities (“Site”). If you do not agree to all of the terms and conditions contained in these Terms of Use do not access or use this Site since doing so in that circumstance will constitute unauthorized access and use. Through the Site, you have access to a variety of resources and content. These include: (a) software and software as a service offerings (“Software”); (b) Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and Webcasts, and Materials such as press releases, white papers, product data sheets, specification Materials, and FAQs (“Materials”); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, and other services in connection with which you can upload, download, share, post, publish, transmit or otherwise access or make available Content (as defined below) (“Community Services”). Software, Materials, Community Services, and other information, content and services are collectively referred to as “Content”. The following Terms of Use is between you (“You” or “Your”) and Idera, Inc. and its affiliated companies (a comprehensive list of Idera corporate group companies is available at https://www.ideracorp.com/brands, collectively the “Company”).

By accessing or using the Site or the Content provided on or through the Site or by merely browsing the Site, you agree to these Terms of Use. The Company reserves the right to change these Terms of Use at any time without notice. Your access and use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. Any rights not expressly granted herein are reserved by the Company. These Terms of Use represent the entire understanding relating to the use of this Site and supersede any prior or contemporaneous, conflicting, or additional communications. The Company reserves the right to modify, amend, alter or suspend all or any potion of these Terms of Use.

Terms applicable to specific Content and areas of the Site

Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.

Notice Specific to Software Available on this Site

Any Software that is made available to download from this Site is the copyrighted work of the Company or a third party provider. 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 install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Use of Community Services

Community Services are provided as a convenience to users and the Company is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding the Company products and services, including information from the Company employees, they are not an official customer support channel for the Company.

You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, informational, noncommercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by the Company.

Restricted Rights Legend

Any Software downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure of the Software and Materials by the U.S. Government is subject to restrictions as set forth in 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions). The U.S. Government's rights in Software and Materials, including its rights to use, modify, reproduce, release, perform, display or disclose the Software, will be subject in all respects to the commercial license rights and restrictions provided herein.

Notice Specific to Materials Available on this Site

Permission to use the Company owned Materials from this Site is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Materials from this Site is for informational and noncommercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Materials are made. Accredited educational institutions, such as universities, state community, private/public colleges may download and reproduce the Materials for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Materials specified above do not include the design or layout of the Site or any other Company owned, operated, licensed or controlled site. Elements of the Company Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Company Site may be copied or retransmitted unless expressly permitted by the Company.

THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Notices Regarding Software, Materials and Services Available on this Site

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, INCUR BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SITE.

Security, Passwords and Means of Accessing the Site and Content

If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify the Company immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms of Use.

Prohibited Activities

Through the Site, the Company provides you with qualified use and access to a variety of Materials and Services. Materials includes all information, data, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, product information, software, code, programs and products made available or enabled via the Site. Services includes all services and resources offered or enabled by the Site, including download areas, developer tools services, product and other information services and communications services such as bulletin boards, chat areas, communities, forums, newsgroups, and other message or communication facilities. As a condition of your access or use of the Site, Services, or Materials, you agree that you are not the Company competitor (or agent thereof) and that you will not use the Site, Services, or Materials for any purpose that is improper, unlawful, or prohibited by the Terms of Use or governing license agreement. As some examples of improper activities when accessing or using the Site, Services, or Materials, you agree that you shall not:

Termination of Use

The Company may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that the Company may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. The Company may terminate or limit your access to or use of the Site if the Company determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that the Company shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have shared.

Indemnity

You agree to indemnify and hold harmless the Company, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you share, your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights, including intellectual property rights.

Monitoring

The Company has no obligation to monitor the Site or screen Content that is shared on or through the Site. However, the Company reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion. The Company may remove Content that is confidential or proprietary to a third party without that third party's permission.

Links to Third Party Sites

The links in this area will let you leave the Company's site. The linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. THE COMPANY MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

Applicable Law

The terms of use set forth herein and any claims relating thereto shall be governed and construed in accordance with the laws of the State of Texas and the United States without regard to the conflict law provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Unless waived by the Company at its sole discretion, the venue and jurisdiction for actions related to the subject matter hereof shall be the State of Texas and a state or federal court of competent jurisdiction located in the County of Harris, Texas.

Export Control Laws

Software available on this Site is subject to United States export controls and use contrary to the United States law is prohibited. No Software from this Site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, and the Crimea region or any other country to which the United States has embargoed goods (Licenses to these countries and parties are presumed denied); (2) re-export to these countries is prohibited; if you “know or have reason to know” that an illegal reshipment will take place, you may not ship to such a user; or (3) to any entities or individuals listed on any U.S. Government Denied Party/Person List. See BIS’ The Denied Persons List, the Office of Foreign Assets Control’s (“OFAC”) Economic and Trade sanctions list and the Office of Defense Trade Controls. This list is subject to change and you must comply with the list as it exists in fact.

Neither the services or products of the Company not the underlying information or technology may be downloaded or otherwise provided or mad eavailable, either directly or indirectly into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, under the control of, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Availability of Products

Information on the Site may reference or cross-reference the Company products, programs, or services that might not be available in your location. Such references do not imply that the Company plans to make such products, programs, or services available in your location. Please contact your local Company representative for more information. Product prices may differ depend on your location.

Accuracy and Completeness

The Company does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Sites or Materials.

Translations

Where the Company has provided you with a translation of the English language version of these Terms of Use, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with the Company. If there is any contradiction between the English language version of the Terms of Use and the translation, the English language version shall take precedence.

Privacy and protection of personal information

Please see the Company Privacy Statement disclosures relating to the collection and use of your information.

Miscellaneous

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between the Company and you with respect to your access to or use of the Site, Materials, and Services and supersedes any prior agreements between you and the Company on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and the Company regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other the Company services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without the Company’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, void, invalid, or illegal, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by the Company to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. Headings used in the Terms of Use are for reference purposes only and shall not be used to modify the meaning of the terms and conditions contained herein.

Contact [email protected] with questions or problems, as appropriate.