Welcome to the Commence Corporation ("Commence") web site (the "Web Site"). Please
review the following terms and conditions concerning your use of the Web Site. By
accessing, using or downloading any materials from the Web Site, you agree to follow
and be bound by these terms and conditions (the "Terms"). If you do not agree with
these Terms, please do not use this Web Site.
All materials provided on this Web Site, including but not limited to information,
documents, products, logos, graphics, sounds, images, software, and services ("Materials"),
are provided either by Commence or by their respective third party manufacturers,
authors, developers and vendors ("Third Party Providers") and are the copyrighted
work of Commence and/or its Third Party Providers. Except as stated herein, none
of the Materials may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including but not
limited to electronic, mechanical, photocopying, recording, or other means, without
the prior express written permission of Commence or the Third Party Provider. Also,
you may not "mirror" any Materials contained on this Web Site on any other server
without Commence's prior express written permission.
Except where expressly provided otherwise by Commence, nothing on this Web Site
shall be construed to confer any license under any of Commence's or any Third Party
Provider's intellectual property rights, whether by estoppel, implication, or otherwise.
You acknowledge sole responsibility for obtaining any such licenses. See the "Legal
Contact Information" below if you have any questions about obtaining such licenses.
Materials provided by Third Party Providers have not been independently reviewed,
tested, certified, or authenticated in whole or in part by Commence. Commence does
not provide, sell, license, or lease any of the Materials other than those specifically
identified as being provided by Commence.
Commence hereby grants you permission to display, copy, distribute and download
Commence's Materials on this Web Site provided that: (1) both the copyright notice
identified below and this permission notice appear in the Materials; (2) the use
of such Materials is solely for personal, non-commercial and informational use and
will not be copied or posted on any networked computer, broadcast in any media,
or used for commercial gain; and (3) the Materials are not modified in any way.
This permission terminates automatically without notice if you breach any of these
terms or conditions. Upon termination, you will immediately destroy any downloaded
or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications regulations
This Web site may contain links to web sites controlled by parties other than Commence.
Commence is not responsible for and does not endorse or accept any responsibility
for the contents or use of these third party web sites. Commence is providing these
links to you only as a convenience, and the inclusion of any link does not imply
endorsement by Commence of the linked web site. It is your responsibility to take
precautions to ensure that whatever you select for your use is free of viruses or
other items of a destructive nature.
Commence has not co-authored, ratified, endorsed or adopted the information contained
in this any publications referenced on this web site by publishing it herein.
Commence has not co-authored, ratified, endorsed or adopted any statistics provided
by third parties by publishing them on this web site.
Any software that may be made available to download from this Web Site ("Software")
is the copyrighted work of Commence and/or Third Party Providers. Use of the Software
is governed by the terms of the end user license agreement that accompanies or is
included with the Software ("License Agreement"). An end user agrees to the License
Agreement terms by installing, copying, or using the Software. The Software is made
available for downloading solely for use by end users according to the License Agreement.
Without limiting the foregoing, the copying or reproduction of the Software to any
other server or location for further reproduction or redistribution is expressly
prohibited. Any reproduction or redistribution of the Software not in accordance
with the License Agreement is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the maximum extent
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, COMMENCE
HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES,
AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT
SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Installation assistance, product
support and maintenance, if any, of the Software is available from Commence and/or
the Third Party Providers, as applicable.
Any Software, which is downloaded from this Server 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 by the U.S. Government
is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is Commence Corporation, 2 Industrial Way West,
2nd Floor, Eatontown, New Jersey 07724.
Except where expressly provided otherwise by Commence, all comments, feedback, information
or materials submitted to Commence through or in association with this Web Site
("Submissions") shall be considered non-confidential and Commence's property. By
providing such Submissions to Commence, you agree to assign to Commence, at no charge,
all worldwide rights, title and interest in copyrights and other intellectual property
rights to the Submissions. Commence shall be free to use and/or disseminate such
Submissions on an unrestricted basis for any purpose. You acknowledge that you are
responsible for the Submissions that you provide, and that you, not Commence, have
full responsibility for the Submissions, including their legality, reliability,
appropriateness, originality and copyright.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY COMMENCE, THE MATERIALS ON THE WEB
SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND
COMMENCE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES,
AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,
EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. COMMENCE
MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED
ON THE WEB SITE.
COMMENCE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING,
CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL
COMMENCE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA
OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, 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 THIS WEB SITE, EVEN IF COMMENCE HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY
FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION
WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST COMMENCE FOR LOST DATA,
RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE
USE OF THE MATERIALS. YOU AGREE TO HOLD COMMENCE HARMLESS FROM, AND YOU COVENANT
NOT TO SUE COMMENCE FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
Commence controls and operates this Web Site from locations in the United States
of America and makes no representation that these Materials are appropriate or available
for use in other locations. If you use this Web Site from other locations, you are
responsible for compliance with applicable local laws including but not limited
to the export and import regulations of other countries. Unless otherwise explicitly
stated, all marketing or promotional materials found on this Web Site are solely
directed to individuals, companies or other entities located in the United States
of America. You acknowledge and agree that Materials are subject to the U.S. Export
Administration Laws and Regulations. Diversion of such Materials contrary to U.S.
law is prohibited. You agree that none of the Materials, nor any direct product
therefrom, is being or will be acquired for, shipped, transferred, or re-exported,
directly or indirectly, to proscribed or embargoed countries or their nationals,
nor be used for nuclear activities, chemical biological weapons, or missile projects
unless authorized by the U.S. Government. Proscribed countries are set forth in
the U.S. Export Administration Regulations. Countries subject to U.S. embargo are:
Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject
to change without further notice from Commence, and you must comply with the list
as it exists in fact. You certify that you are not on the U.S. Department of Commerce's
Denied Persons List or affiliated lists or on the U.S. Department of Treasury's
Specially Designated Nationals List. You agree to comply strictly with all U.S.
export laws and assume sole responsibility for obtaining licenses to export or re-export
as may be required.
Commence is followed by certain analysts mentioned on this web site. Please note
that any opinions, estimates or forecasts regarding Commence Corporation' performance
made by these analysts are theirs alone and do not represent opinions, forecasts
or predictions of Commence Corporation or its management. Commence Corporation does
not by its reference to any analysts imply its endorsement of or concurrence with
their information, conclusions or recommendations. Information provided by analysts
is subject to change, and Commence Corporation cannot guarantee its accuracy.
This Web Site may include inaccuracies or typographical errors. Commence and the
Third Party Providers may make improvements and/or changes in the products, services,
programs, and prices described in this Web Site at any time without notice. Commence
may periodically make changes to the Web Site. Any action related to these Terms
will be governed by New Jersey law and controlling U.S. federal law. No choice of
law rules of any jurisdiction will apply. These Terms represent the entire understanding
relating to the use of the Web Site and prevail over any prior or contemporaneous,
conflicting or additional, communications. Commence has the right to revise these
Terms at any time without notice by updating this posting. Any rights not expressly
granted herein are reserved by Commence Coroporation.
Elements of the Web 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 Web Site may be copied or retransmitted unless expressly permitted by Commence.
Commence, and/or other Commence products referenced herein are trademarks of Commence
Corporation, and may be registered in certain jurisdictions. All other product names,
company names, marks, logos, and symbols may be the trademarks of their respective
Copyright © 2012 Commence Corporation, 2 Industrial Way West, 2nd Floor, Eatontown, New Jersey 07724. All rights reserved.
If you have any questions about these Terms, or if you would like to request permission
to use any Materials, please contact the Commence Corporation at (732) 380-9100.
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