Legal, Copyright, and Trademarks

Scalable Software Inc. Legal and Copyright Policy

Legal and Terms of Use

(Rev. 1.2. Last Updated May 4, 2017)

Welcome to the Scalable Software, Inc. (“Scalable”) website (the “website”). Please read these terms and conditions of use carefully (“Terms of Use”). These Terms of Use govern how you may access and use the website. By visiting the website, you affirm that you have read and accept all of the following terms and conditions, which we may update from time to time without notice to you. Your continued use of this website after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this website.

Rules of Conduct

Community and blog guidelines, short form: Be respectful—don’t troll, don’t use profanity, don’t use slurs. Share with others and help others in the Scalable community. Don’t spam, promote or sell your or other’s products or services in comments. Tell us if you think something violates the letter or spirit of community guidelines: marketing@scalable.com.

When using this website, including (without limitation) when uploading or otherwise transmitting content through this website, you agree not to: (a) violate any applicable local, state, national or international law or regulations; (b) engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, or misrepresenting your affiliation with any person or entity; (c) transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, pornographic, indecent, libelous, invasive of another’s privacy or publicity rights, bigoted, hateful or racially, ethnically or otherwise objectionable; (d) violate or attempt to violate the security of the website, use any device, software or routine to interfere or attempt to interfere with the proper working of the website, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (e) engage in any activity that restricts or inhibits any other user from using or enjoying this website, such as by “hacking”, “cracking”, “spoofing”, or defacing any portions of this website; (f) upload any e-mail addresses, or collect personal information for any commercial use or unlawful purposes; (g) transmit any content which you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (h) transmit any content that contains any viruses, worms, time bombs, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of any software or hardware or equipment or materials used in connection with the website; (i) infringe, misappropriate, or otherwise violate any existing national or international copyright, trademark, service mark, trade name or other intellectual property or proprietary rights of any person or entity whatsoever; (j) encourage or promote illegal activities; (k) give any password used for a function of this website to anyone; (l) transmit advertising or commercial solicitations, promotional materials relating to website or online services or software which are competitive with Scalable and/or this website; (m) transmit political campaign materials, chain letters, mass mailings or spam mail; (n) transmit any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents; or (o) harvest or collect information about website visitors without their express written consent. Scalable reserves the right to seek damages from any person or entity, which violates these Terms of Use to the fullest extent permitted by law.

Scalable has the right and sole discretion, but not the obligation, to monitor the content of this website and to edit, refuse to post, or remove any material submitted to or posted on this website that we find to be in violation of these Terms of Use, or which is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree that Scalable does not have any liability for any action or inaction with respect to any conduct, communication or posting on this website.

Trademarks, Copyrights and other Intellectual Property Rights

The trademarks, logos and service marks displayed on this website are the property of Scalable or other third parties. You are not permitted to use these marks without the prior written consent of Scalable or such third party, which may own the Mark.

Scalable either owns the intellectual property rights in the HTML, text, images, audio, video, software or other content that is made available on this website, or has made such materials available with permission of the owner. Without its prior written permission, Scalable prohibits the redistribution or copying of any part of this website or content on this website. However, Scalable authorizes you to display on your computer, download and print pages from this website, provided that the pages are unaltered and the content is used only for personal, educational and non-commercial and is not redistributed or copied to any other media.

Software

Any software that is made available to you to download from this website is the copyrighted work of Scalable and/or third parties. Your use of such software is governed by the terms of the end user license agreement, which accompanies or is included with the Software.

Links

Solely as a courtesy to you, this website may contain links to third-party websites and resources. We do not endorse, approve, certify or control any of those websites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness.

Export Control

By using this website, you represent and warrant that you are not prohibited by the U.S. government from participating in export or re-export transactions, or located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any Materials unless you have complied with all applicable U.S. and foreign government export controls and approvals. Scalable makes no claim that content contained on this website is appropriate or may be downloaded outside the United States. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Indemnification

Any person or entity submitting content or otherwise using this website agrees to defend, indemnify and hold Scalable and its affiliates and licensors, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such use, including (without limitation) claims made by third parties related to a violation of any representation or warranty contained in these Terms of Use and any claim related to submitted content, even if such content is reviewed by Scalable prior to publishing on the website.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE VIA THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS WEBSITE AND ANY CONTENT AVAILABLE FROM THIS WEBSITE IS AT YOUR OWN RISK. SCALABLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, NON-INTERFERENCE AND ACCURACY OF INFORMATIONAL CONTENT. SCALABLE DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT AVAILABLE FROM THIS WEBSITE, INCLUDING (WITHOUT LIMITATION) ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE OR ANY CONTENT AVAILABLE FROM THIS WEBSITE.

ANY CONTENT DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. INFORMATION CREATED BY A THIRD PARTY THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY SCALABLE AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCALABLE, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THIS WEBSITE, OR THE CONTENTS THEREOF, OR OF ANY HYPERLINKED WEB SITE, INCLUDING (WITHOUT LIMITATION) ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF SCALABLE, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Privacy

Please see our Privacy Policy, located at https://www.scalable.com/privacy, which is incorporated herein by reference.

Jurisdiction & Dispute Resolution

Any dispute with respect this website or the Materials shall be governed by the Federal laws of the U.S.A. and the laws of the State of Maryland, U.S.A., without regard to choice of law provisions. YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR ANY MATERIALS SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF ANNE ARUNDEL IN THE STATE OF MARYLAND. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY MATERIALS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

If any provision of these Terms of Use is found to be invalid by a court with competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Trademark Policy

(Rev. 1.1. Last Updated May 4, 2017)

Scalable Software, Inc., Asset Vision®, WinINSTALL™, Survey™, and the Scalable Software, Inc. logo are trademarks or registered trademarks of Scalable Software, Inc.

All other trademarks or registered trademarks mentioned herein belong to their respective owners.

DMCA Copyright Policy

(Rev. 1.1. Last Updated May 4, 2017)

Scalable Software, Inc. (“Scalable”), has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512( c ), http://lcweb.loc.gov/copyright/legislation/hr2281.pdf. The address of Scalable’s Designated Agent to Receive Notification of Claimed Infringement is listed at the end of this policy. Capitalized terms and phrases that are used in this Policy and not otherwise defined have the meanings assigned to such terms in the Scalable Use Agreement and License.

Scalable will (1) block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our users, whether or not they are users; and (2) permanently remove and discontinue service to any repeat offender. This policy shall cover all aspects of the Web Site services provided by Scalable.

Procedure for Reporting Copyright Infringements:

If you believe that material or content residing or accessible on the Scalable site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent to Receive Notification of Claimed Infringement listed below. Note that failure to comply with all or any requirements of this section may render your report or notice invalid.

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Scalable is capable of finding and verifying its existence.
Contact information about the notifier including address, telephone number and, if available, e-mail address.
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once the infringement notification is received by the Designated Agent:

Scalable will remove or disable access to the infringing material;
Scalable will then immediately notify the user that it has removed or disabled access to the material.
First time offenders will have the infringing material removed from the system.
Repeat offenders will have the infringing material removed from the system and Scalable may immediately terminate such user’s access to Total Port.

The alleged infringing user may supply a counter-notice to the Designated Agent that must include the following:

A physical or electronic signature of the user;
Identification of the material that has been removed, or to which access to has been disabled, and the location at which the material appeared before it was removed or disabled;
A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
User’s name, address and telephone number and a statement that user consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Scalable is located, and that user will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, a copy of the counter-notice will be sent to the original complaining party informing that person that it will replace the removed material or cease disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material will be replaced, or access to it restored, within 14 business days after receipt of the counter-notice.

Please contact Scalable’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Designated Agent to Receive Notification of Claimed Infringement: Bruce Aboudara

Notification of Claimed Copyright Infringement

Scalable Software, Inc.
600 Congress Avenue, Suite C100
Austin, TX 78701
USA
Phone: 512-501-2828
Fax: 713-583-9266
Or via email to: marketing@scalable.com