About the Information on this Sites
Information, data, text, graphics, images, sound recordings, audiovisual works and other materials provided by Progress, its licensors, or by you on the Sites (collectively, the “Content”) may contain technical inaccuracies or typographical errors. You may not copy, reproduce, republish, upload, post, transmit, distribute, or use for the creation of derivative works any portions of the Sites or Content without Progress's prior written consent. Progress may remove, change, or update Content without notice. Progress may also make improvements and/or changes to the Sites, Services, Products, and/or the Programs described on the Sites at any time without notice to you.
Progress assumes no responsibility regarding the accuracy of the Content provided by Progress and use of such Content is at your own risk. Progress provides no assurances that any reported problems may be resolved with the use of any Content that Progress provides.
Progress does not want to receive confidential or proprietary Content from you through our Sites. Please note that any Content sent to Progress or posted on the Sites will be deemed NOT to be confidential. By sending Content to Progress or posting Content on the Sites, you hereby grant Progress an unrestricted, irrevocable, perpetual, royalty-free, fully paid-up, assignable, and sublicensable right and license to use, reproduce, display, perform, modify, transmit, create derivative works of, distribute, and otherwise exploit such Content, and you also agree that Progress is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
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Disclaimer, Limitation of Liability, Indemnification
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IN NO EVENT SHALL ANY OF THE PROGRESS PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES, THE SERVICES, PRODUCTS, PROGRAMS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE PROGRESS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS, OR (II) THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
Monitoring of Sites
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Governing Law and Jurisdiction
Notwithstanding anything to the contrary herein, You expressly agree not to use, deploy, export or re-export any (or any portion) of the Sites, Services, Content, Programs, or any Progress software obtained or accessed through the Sites or Services including the Products in or to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export, re-export, or transfer any (or any portion) of the Sites, Services, Content, Programs, or any Progress software obtained or accessed through the Sites or Services including the Products to any country to which the U.S. has embargoed or restricted the export of goods or services, including without limitation any country listed in U.S.A. Export Administration Regulation Country Group E-1, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country, or to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S.A. Bureau of Industry and Security, U.S. Department of Commerce, nor any other federal agency has suspended, revoked or denied your export privileges.