Legal Terms and Privacy Policy
Terms and Conditions of Use of FUSE Web Site
Acceptance of Terms
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEBSITE. THIS WEBSITE AND THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
Use of Site
The materials contained on this website (such materials, include, but are not limited to, the design, layout, artwork and other elements of the website and any text, audio, video, logo, information, data, software, documentation, services or any other materials contained on the website) are owned or licensed by Progress Software Corporation (“Progress”) and are protected by copyright and trademark law, international treaties, and other intellectual property rights. You may view, download, print, and copy materials on this website for your own personal, informational, non-commercial use, provided that (i) you do not modify the materials, (ii) any copies that you may make must be marked “© 2006-2009 Progress Software Corporation and/or its subsidiaries or affiliates. All rights reserved.” and (iii) you retain all copyright and proprietary notices originally contained in the materials on any copies. You may not use, reproduce, display, post, transmit, or distribute any materials contained on this website for any commercial purpose. Nothing herein shall be construed as granting any license or right to use this website or any materials contained on this website except as expressly provided herein.
Website Changes
Information on this website may be changed or updated without notice. Progress may also make improvements and/or changes in the materials and/or services described in this information at any time without notice.
Trademarks
“Progress Software Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Progress Software uses in connection with its products and services. You agree to comply with the Progress Trademark and Logo Usage Requirements located at http://www.progress.com/progress_software/docs/trademark_usage_policy.pdf. You may not remove or alter any Progress Software Trademarks, or co-brand your own products or material with Progress Software Trademarks, without Progress Software’s prior written consent. You acknowledge Progress Software’s rights in Progress Software Trademarks and agree that any use of Progress Software Trademarks by You shall inure to Progress Software’s sole benefit. You agree not to incorporate any Progress Software Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
For a recent list of Progress Software Trademarks, go to http://www.progress.com/trademarks/index.ssp.
The names of actual companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.
All other trademarks that may appear herein are the property of their respective owners.
Disclaimers/ Warranties
Progress makes no warranties as to the accuracy or currency of the information or products contained on this web site. ALL MATERIALS PROVIDED AT THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROGRESS SOFTWARE, FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS (IF ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Neither Progress Software, nor its subsidiaries and affiliates and their respective licensors (if any) and suppliers, warrant the accuracy, completeness or quality of any of the Materials or Services. Progress further makes no representations, warranties or undertakings that this website will be free from defects, including, but not limited to viruses or other harmful elements. This website may contain inaccuracies or typographical errors.
No Confidential Information
Progress does not desire to receive confidential or proprietary information from you through use of this website. Please note that any information or material sent to Progress will, to the fullest extent permitted by applicable laws and regulations, be deemed NOT to be confidential. Progress does not claim ownership of the materials you may provide Progress Software (including feedback and suggestions) or post, upload, input or submission. By sending Progress any information or material, you grant Progress, to the fullest extent permitted by applicable laws and regulations, an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also grant Progress the right, to the fullest extent so permitted, to use any ideas, concepts, know-how or techniques that you send us for any purpose.
Global Programs
Information contained in this site may contain references to Progress products or programs that are not announced or available in all countries. Such references do not imply that Progress intends to announce such products, programs or services in any particular country. Consult your local Progress account manager for information regarding the products and services that are available to you. Progress’s obligations with respect to its products and services are governed solely by the license and/or service agreements under which they are provided. If you obtain a product or service from Progress from this web site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is solely at your own risk.
Links To Other Web Sites
Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Progress has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Progress does not endorse 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 Site, you do this entirely at your own risk.
Limitation of Liability
IN NO EVENT WILL Progress BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF PROGRESS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
II. FUSE Privacy Policy
Progress has created this privacy statement in order to demonstrate our firm commitment to privacy. Progress uses industry standard security measures to protect any information or data gathered. The following discloses our information gathering and dissemination practices for www.progress.com and other Internet web sites owned by Progress.
Information Collected
In general, you can visit the Progress website without providing personal information, but there are times when we will request personal information, such as contact and credit card information. Personal information is information that individually identifies you, such as your name, telephone number, physical address, email address, or credit card information. Personal information is typically requested when you wish to download products (for evaluation and/or commercial purposes), when you are ordering products or services on our Site, or when accessing any service centers on our Site. We may also gather personal information in connection with any contests we offer or if you participate in one of our online communities.
Progress is a global company, with offices and operations throughout the world. When you submit personal information to Progress through its web site, you agree that your information may be transferred across national boundaries and may be stored and processed in any of the countries in which Progress and its affiliates are located.
Use of Cookies
We may also collect information when you visit our web site through the use of “cookie” technology, including web beacons and action tags. A cookie is a small, encrypted data string our server writes to your hard drive that contains your unique User ID. A cookie cannot be used to access or otherwise compromise the data on your hard drive. You can choose to change your browser settings to disable cookies. Please be aware that cookies might be required to complete certain functions on our Web sites. The information gathered may include your password and IP address, the type of browser and operating system you are using, the domain name of your Internet service provider and site visitation statistics.
How We Use the Information
Progress collects and uses your information in order to give you better service, to provide you with convenient access to our products and services and to make our website more useful to you. The contact information Progress collects is used, in part, to deliver orders, deliver information about our Company and partners and promotional material to you, as well as to provide you support (if you are under a support arrangement with Progress). It is also used to contact you when necessary. Credit card or other financial information is used to facilitate purchases and to pay for products and services you order through our site. Information collected through the use of cookies is used to evaluate and improve our website and to help diagnose problems with our server. Cookies also help us to deliver content specific to your interests and allow us to save your password so you don’t have to re-enter it each time you visit our site.
Progress will not willingly disclose your information without consent. Progress will only use (such use including disclosure) your personal information without notice when it believes the use to be required by law or regulation, or necessary to protect or defend the rights or property of Progress, the safety of the public or the users of its site, or if you have provided Progress with prior consent to do so (see “Opt-In” below).
Public Forums
Our site makes forums, message boards and/or newsgroups available to its users. Please remember that any information disclosed in these areas is public information. Progress is not responsible for the content or protection of any information disclosed in these areas. Please exercise caution when deciding to disclose your personal information.
Opt-In
When you provide us with your contact information by registering on this site, you opt-in to receive communications and information from Progress by checking the box to accept the Terms and Conditions of this site. Thereafter you may elect not to receive communications and information from Progress at any time by sending an email with your name and email address to open-source-team@progress.com.
Links to Other Sites
Progress web sites may contain links to other sites whose privacy and information practices may be different than ours. You should consult the other sites’ privacy notices. Progress is not responsible for the content or privacy policies of other sites.
Security
We use physical, electronic, and managerial procedures that are consistent with industry standards to help safeguard the information we collect from you online. We urge you to take precautions to protect your personal data when you are on the Internet. Change your passwords often and make sure you use a secure browser.
Correcting Information / Contacting the Web Site
If you wish to correct any information you have provided to us or if you have any questions about this privacy statement, the practices of this site, or your dealings with our web site, you may contact us at fusesource-webmaster@progress.com.
This privacy policy is subject to change without notice.
Information and Data Use – Compliance
Any and all information and data use rights and entitlements maintained or reserved by Progress pursuant to this Privacy Policy statement or as may be maintained or reserved by Progress pursuant to applicable laws and regulations shall only be exercised or otherwise used in a manner at all times consistent with such mandatory laws and regulations as (may) apply in respect of the collection, processing, keeping, use and disclosure of related categories of information and data.
Last edited and effective date: January 2009.