®Penteract Terms of Use
TERMS OF USE © Penteract LLC GENERAL USE OF THE WEBSITE (INCLUDING DOWNLOADS AVAILABLE THROUGH IT) ("THE WEBSITE") IS SUBJECT TO THE FOLLOWING TERMS OF USE. Penteract LLC ("Penteract") reserves the right to change the terms at any time without notice. Headings in this agreement are for convenience only and shall not affect its meaning. DISCLAIMER OF WARRANTY THIS WEBSITE IS PROVIDED "AS IS" AND WITH ALL FAULTS, AND WITH NO WARRANTY. YOU BEAR ALL RISK OF USING THE WEBSITE. ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, LACK OF NEGLIGENCE, CORRESPONDENCE TO DESCRIPTION, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. INFORMATION ON THE WEBSITE IS NOT GUARANTEED TO BE CORRECT. LIMITATION OF LIABILITY IN NO EVENT SHALL PENTERACT OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SOFTWARE NOT OPERATING AS EXPECTED OR AS SUPPOSED TO, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF PROFITS) RELATED TO THE WEBSITE INCURRED BY ANYONE, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) BREACH OF CONTRACT OR BREACH OF WARRANTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WAIVE ANY RIGHTS YOU MAY HAVE TO RECOVER THESE DAMAGES, AND YOU WILL NOT SEEK TO RECOVER THEM. ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY AND WARRANTY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. ADVICE OR INFORMATION SUPPLIED BY PENTERACT OR ITS AFFILIATES WILL NOT CREATE ANY OBLIGATION, WARRANTY, LIABILITY, ETC. ON PENTERACT OR ITS AFFILIATES. SUBMISSIONS All submissions to Penteract and all material contained in them (including, but not limited to, by the "contact us" page) become the property of Penteract LLC, (including, but not limited to, they become Penteract's intellectual property) which will not pay any compensation for them. By submitting a submission you declare that you are legally permitted to do so, that you are not infringing on any other person's rights, and that you have the right to transfer all rights in it (including, but not limited to, all intellectual property rights, copyrights and rights of publication). Penteract may use the submission in any way (including, but not limited to, publish and redistribute it) and has no obligation to review it. PRIVACY Penteract may collect certain information (such as, but not limited to, your IP address and a computer ID (which might be created from information such as, but not exclusively, your computer's Windows digital product id and other information about your computer and operating system) used for creating an activation key for software). Penteract may use this information, including, but not limited to, for validating your installation of its software and statistical analysis of sales. In no way shall Penteract or its affiliates be responsible or liable for the privacy of that information. MATERIAL ON WEBSITE You will comply with any United States export laws and regulations that may pertain to software or any other material on this website. Penteract retains ownership of the software and all other material, and reserves all rights not expressly granted. The software that is available for download from the website is copyrighted by Penteract. It is only for use according to its License Agreement, and may not be redistributed in any way. Penteract is not responsible for any consequences arising from the use of any links to external sites or for transmissions (including, but not limited to, webcasts) from external sites, and does not endorse them. ALLOWED USE You may not use the website for any unlawful purpose. You may not use the website in any manner that could limit its operation or limit its use by others. You may not gain (or attempt to gain) unauthorized access to the website or its computer system. PURCHASE OF LICENSE By purchasing a license, a non-exclusive license (in accordance with the terms in the License Agreement of that software.) is granted to you to use the software on the combination of the computer and its installation of the operating system with which the computer ID was created, for which the license is sold. To avoid any possible misunderstanding: the software is not licensed for use on that computer, if you reinstall the operating system. The software is licensed, not sold. Penteract retains ownership of the software and reserves all rights not expressly granted. All implied obligations on Penteract are disclaimed. Penteract will not be obligated to recreate an activation key. No refund shall be made even if the customer will not activate the software. No refund shall be made for a purchase of a license for a computer that already has a license, or using a Computer ID that does not identify your computer and operating system installation. No refund shall be made for the purchase of a license in contradiction with the license's terms. THIS AGREEMENT This agreement is governed by the laws of the State of Delaware regardless of conflict of laws principles. If any provision of it shall be held to be invalid or unenforceable, the others shall remain in full force and effect. TRADEMARKS AND COPYRIGHTS "Penteract" is a registered trademark of Penteract LLC. Various marks are trademarks of Penteract LLC. Including, but not exclusively Penteract's software names. All material on the website is copyrighted. © Penteract LLC. All rights reserved. Space images courtesy of, and may be copyrighted by NASA. v1.5