Newforma Terms and Conditions of Use/Trademarks

TERMS AND CONDITIONS OF USE

© 2005-2008 Newforma, Inc., Manchester, New Hampshire, U.S.A. All rights reserved.

Attention: please read these terms carefully before using this website. These terms may have changed since your last visit to this website. Using this site indicates that you accept these terms. If you do not accept these terms, do not use this website.

Newforma, Inc. ("Newforma") maintains this site as a service to our customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

Newforma authorizes you to view and download the information, materials, documents and related graphics (collectively, the "Materials") at this website for your information and internal use only, provided that you retain all copyright and other proprietary notices contained in the Materials on any copies of the Materials. You may not modify the Materials in any way, reproduce or transmit in any form, by any means, publicly display, perform, distribute or otherwise use the Materials for any public or commercial exploitation, except as otherwise explicitly provided at this website. Any unauthorized use of the Materials for any purpose is strictly prohibited. This website and the Materials are the property of Newforma, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. If you breach any of these Terms, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed Materials.

All software is provided subject to the terms and conditions of the applicable software license.

The Materials may be out of date, and Newforma makes no commitment to update the Materials. The Materials may include technical inaccuracies or typographical errors. Product descriptions and specifications are subject to change. Newforma reserves the right to make additions, deletions, or modifications to this website or the Materials, or in the products or services described in the Materials, at any time without any obligation to notify you of such changes. This site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

No Warranties

Materials at this site are provided "as is" without representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Limitation of Liability

In no event will Newforma be liable for any direct, indirect, special, consequential, incidental, exemplary or punitive damages, including but not limited to loss of profits, goodwill, data, equipment or use, or business interruption arising from or in connection with the existence, use, inability to use, or the results of use of the Materials, this website, any websites linked to this site, or the materials or information contained at any such websites, whether based on warranty, contract, tort or any other legal theory, and whether or not Newforma has been advised of the possibility of such damages.

Links to Third Party Websites

Links to third party websites are provided solely as a convenience to you. If you use these links, you will leave this website. Newforma does not control and is not responsible for any content of these third party sites or any links contained therein. Thus, Newforma does not accept any responsibility or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.

No Implied Endorsements

Information contained in any Discussion/Support Forum contained in this website is supplied by third parties and the In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Newforma of that third party or of any product or service provided by a third party. Newforma is not responsible for any content of any Discussion/Support Forum contained on this website.

Submissions to This Site

Any communications you send to this website shall be treated as non-confidential except as set forth in Newforma's Privacy Policy.

Jurisdictional Issues

This site is administered by Newforma from its offices in Manchester, NH, U.S.A. or elsewhere in the United States. Newforma makes no representation that the Materials at this site are appropriate or available for use outside the United States, and access to the Materials from jurisdictions in which the contents of the Materials are illegal is prohibited. You may not use, export or re-export the Materials at this site, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to access this site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Enforcement of These Terms

These Terms will be governed by and construed in accordance with the laws of the State of New Hampshire, United States of America, without giving effect to any principles of conflicts of laws. All disputes arising out of or relating to these Terms shall be litigated exclusively in the federal or state courts located in New Hampshire, USA.

General

Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this website. This is the entire agreement between the parties relating to the subject matter of these Terms and shall not be modified except in writing signed by both parties or by a new posting by Newforma, as described above. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any rights not expressly granted herein are reserved.

If you have any questions about these Terms, please feel free to contact Newforma at the following addresses or numbers:

webmaster@newforma.com
Newforma, Inc., 1750 Elm Street ,10th floor, Manchester, NH 03104 USA, Attention: Webmaster (603) 625-6212.

TRADEMARKS

Newforma is a registered trademark of Newforma, Inc. in the United States and/or other countries. Newforma Project Center, Newforma Project Center Server and Newforma Info Exchange are trademarks of Newforma, Inc. Newforma Interoperability Consultant is a service mark of Newforma, Inc.

No use of any Newforma trademark, service mark, trade name, design or logo may be made without the prior, written authorization of Newforma, except to identify the products or services of Newforma. Except as permitted by these Terms, nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of Newforma.

All other product and company names and logos are trademarks or service marks of their respective holders.

Last updated: August 6, 2008