INTELLECTUAL PROPERTY RIGHTS
The Site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without TopTech's prior written consent, except that TopTech grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, for non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, TopTech does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another website or in any other media.
The trademarks, logos and service marks displayed on the Site are the property of TopTech or third parties and as such you are not permitted to use them without the prior consent of TopTech or the third party that may own them.
This Site may provide links or references to external websites and resources. TopTech makes no representations, warranties, or other commitments whatsoever about any external sites or third-party resources that may be referenced, accessible from, or linked to from this Site. The contents of such sites are solely the property of the respective sites and a link to such a site does not mean that TopTech endorses the content or use of such site or its owner.
All links to this Site must be approved in writing by TopTech, except that TopTech consents to links in which the link and the pages that are activated by the link do not:
(a) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; or
(b) misrepresent your relationship with TopTech;
As a further condition to being permitted to link to this Site, you agree that TopTech may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and to cease using any TopTech logo or trademark.
You agree to indemnify and hold TopTech and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or connection to the Site (including any use by you on behalf of your employer), your violation of the Terms, or your violation of any rights of another.
Information on this Site is not promised or guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. TopTech assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm with us the accuracy and completeness of all posted information before making any decision related to any of our services, products, or other matters described in this Site.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY TOPTECH "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TOPTECH MAKES NO WARRANTY THAT
(I) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) THE QUALITY OF THE SITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT
(IV) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADOBE OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
TOPTECH SPECIFICALLY DISCLAIMS ANY LIABILITY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER, WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS, OR YOUR PARTICIPATION IN ANY SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TOPTECH ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR ANY OF THE SERVICES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY OR ANY OTHER LEGAL THEORIES.