Sumtotal Legal Policy
All software and documentation available for download from the Web Site is the copyrighted work of SumTotal Systems or its licensors. Software and documentation ownership is retained by the copyright holder. You are only licensed to use the software subject to certain restrictions contained in the end user license agreement accompanying such software. You expressly agree that any software or other Site Content downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your network or computer system or loss of data that results from the download of software or other Site Content.
RESTRICTED RIGHTS LEGEND. Any software which is downloaded from the Web Site for or on behalf of the United States of America, and /or its agencies (“U.S. Government”) is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions regarding noncommercial items as set forth in DFARS 252.227-7013. Manufacturer is SumTotal Systems, LLC, 1808 North Shoreline Boulevard, Mountain View, CA 94043.
DISCLAIMERS AND WARRANTIES
THE WEB SITE AND SITE CONTENT ARE PROVIDED “AS IS”WITHOUT WARRANTY OF ANY KIND. SUMTOTAL SYSTEMS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE WEB SITE OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
SumTotal Systems does not make any representations or warranties that: (1) the Web Site or Site Content or any products or services purchased from SumTotal Systems will meet your requirements or expectations; (2) the operation of the Web Site or the Site Content will be uninterrupted, timely, secure, or error-free or that any errors will be corrected; (3) any particular results will be obtained from the use of the Web Site or from any products or services purchased from SumTotal Systems; (4) the Site Content is accurate, correct, or timely; (5) the Site Content is updated or otherwise contains current information; or (6) the Site Content has expired or has been removed from the Web Site.
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER SUMTOTAL SYSTEMS NOR ITS SUPPLIERS SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH SUMTOTAL SYSTEMS; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (4) RELIANCE ON THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES ON THE WEB SITE.
Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations and exclusions may not apply to you.
LINKS TO THIRD PARTY WEB SITES
The Web Site may include links to various third party web sites. SumTotal Systems is providing these links solely as a convenience. Such linked third party sites are not under the control of SumTotal Systems. We have not reviewed all of the sites linked from the Web Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on this site does not imply SumTotal Systems’ endorsement of the linked site, its sponsor or any products or services offered on the linked site. Use of any linked site is at your own risk.
APPLICABLE LAWS AND JURISDICTION
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the SumTotal Systems site and your purchase of the products and services on the site.
The Site Content and/or products and services available through the Web Site are subject to United States export controls and may not be accessed or used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under the control of any such country or on any such list.
SumTotal Systems controls the Web Site (excluding third party linked sites) from its corporate offices within the state of California, United States of America. SumTotal Systems makes no representation that Site Content is appropriate or available for use in other locations, and accessing the Web Site or Site Contents from jurisdictions where their contents are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction. The law of the state of California, specifically excluding choice of law principles, will apply to all issues and matters relating to or arising from your use of this Web site. You also submit to the exclusive personal jurisdiction and venue of the courts in Santa Clara, California, United States of America or of any federal court located in such state.
COPYRIGHTS AND TRADEMARKS
The Web Site and Site Content is the property of SumTotal Systems, LLC and its licensors and is protected by United States and international copyright laws. All copyright, trademark, and other proprietary rights in the Web Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by SumTotal Systems at the Web Site are reserved to SumTotal Systems and its licensors. Copyright © 2004 SumTotal Systems, LLC. and its licensors. All rights reserved.
The following are SumTotal Systems trademarks: SUMTOTAL SYSTEMS, CLICK2LEARN, DOCENT, DOCENT ENTERPRISE, SUMTOTALSYSTEMS.COM, CLICK2LEARN.COM, DOCENT.COM, ASPEN, ASPEN ENTERPRISE PRODUCTIVITY SUITE, ASPEN LEARNING MANAGEMENT SERVER, ASPEN LEARNING CONTENT MANAGEMENT SERVER, ASPEN VIRTUAL CLASSROOM SERVER, the SumTotal Systems logo, the Click2learn logo, the Aspen logo, the Docent logo, and the marks related to SumTotal Systems, Click2learn and Docent products and services. In addition, the Web Site may contain trademarks, logos and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the Web Site or in any Site Content are the sole property of their respective owners.
SumTotal Systems and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2). notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES THAT DO NOT FOLLOW THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.