- Grant of License. In consideration of your acceptance of this Agreement and the payment by you in full for any applicable Cognella product access, Cognella grants to you a non-exclusive, non-transferable and limited license to use the Site as permitted herein.
- You will acquire, at your own sole cost, all the required equipment, software, and software licenses needed to access the Site.
- Use Restrictions. Any use of materials on this Site, including reproduction, modification, distribution, republication, or sale without the prior written permission of Cognella, Inc. is strictly prohibited. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not sublicense, transfer, or otherwise make available the Site or the accompanying Content to any third party for commercial purposes. You may not transfer the Site or its Content into any other media or in any other location. You will keep your account and access information (including, but not limited to, access codes, username, and password) secure from unauthorized usage and will notify Cognella in writing of any loss or theft of your password or any unauthorized use of your account.
- Cookie Usage. Cognella utilizes standard cookie technology to recognize the computer of users who have visited the Site previously in order to gather information about usage patterns and enable certain website functionalities. This allows Cognella to store your login information and tailor your visit to the Site, along with aggregating information used to improve the Site and provide traffic data. The compiled information from cookies is for internal use only, and the only personal information a cookie can contain is information you supply voluntarily. Cookies cannot read data off your hard disk or read cookie files created by other sites. Please note that blocking the placement of cookies may disable or hinder certain Site functionalities.
- Links to Third-Party Websites. All links are provided as a convenience and reference tool only. The Site may contain links to third-party websites, either provided as a convenience to the user or as part of a third-party advertisement. Cognella does not endorse the content of linked third-party websites nor any products or services that may be offered thereon and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Cognella cannot guarantee that such third-party websites will be available for your usage. Your use of third-party websites is subject to any terms and conditions of use for such websites.
- Disclaimer/Limitation of Liability. This Site is provided “as is,” and you agree that your use of the Site is at your sole risk. Cognella reserves the right to change or discontinue at any time any aspect or feature of this Site and makes no warranty regarding the accuracy or suitability of the Content on the Site. Except as specifically stated on this site, neither Cognella nor any of its directors, employees, or other representatives will be liable for damages arising out of or in connection with the use of this Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages. Cognella assumes no responsibility or liability for any losses, damages, or other consequences of any kind resulting from any inability to access or use any of the resources or tools offered on the Site, including any services provided by a third party.
- Choice of Law and Forum. This Agreement will be governed by the laws of the State of California, USA, as if entered into and to be fully performed in California. The parties agree that any legal action or proceeding arising out of or relating to this Agreement will be instituted only in the City or County of San Diego, and the parties irrevocably submit to the jurisdiction of the state and federal courts located therein. Each party hereby waives any claim or defense that San Diego is an inconvenient forum.
- Reservation of Rights. All rights not expressly granted herein are reserved by Cognella.
- We make every reasonable effort to protect the personal information you provide, including your e-mail address, personal address, and credit card information. We will not sell, rent, or trade your information with any outside parties (unless, of course, we are required to do so by law), although we may, from time to time, share relevant information with your respective instructor, a university administrator, or any of our corporate affiliates as needed to verify user purchases.
- This policy does not protect information you post to your profile, chat rooms, or other public forums within our site. You should be aware that when you voluntarily disclose personal information (e-mail address, medical conditions, etc.) in public forums, that information can be collected and used by others and may result in unsolicited messages from other participants or parties.
- Cognella may, from time to time, contain links to other sites on the internet. We cannot control and are not responsible for the privacy practices or content of any other website. We caution you to review the privacy policies of any such sites prior to submitting personally identifiable information.
Copyright Notice and Copyright Infringement Claims
If you believe your intellectual property has been reproduced or posted to our Site in a fashion that constitutes copyright infringement, please submit your copyright infringement claim per the process noted below. Please be aware that any infringement notification must be submitted under penalty of perjury, and false claims may result in personal liability.
In your submitted claim, please complete all of the following:
(a) identify the copyrighted work(s) that are claimed to be infringed;
(b) identify the material that is claimed to be infringing and that is to be removed (including information needed to locate the material [the URL(s) of such material is preferred]);
(c) indicate your contact information (including address, phone number, and email address);
(d) include a statement of your good faith belief that the use claimed to be infringing is not authorized by the copyright holder, the copyright holder’s agent, or the law;
(e) include a statement by you, made under penalty of perjury in a United States court of law, that all the information provided in your infringement claim is accurate and that you are either the copyright holder or an authorized party acting on behalf of the copyright holder; and
(f) include your physical or electronic signature.
Please send all copyright infringement claims to: Cognella, Inc., 3970 Sorrento Valley Blvd., Suite 500, San Diego, CA 92121; E-mail: firstname.lastname@example.org; Attn: Copyright Agent.