Last Modified: March 9th, 2023
This Product is offered and available only to users who are eighteen (18) years of age or older. Additionally, some of our software products require that you are a lawful permanent resident of the United States, as defined by 8 U.S.C. 1101(a)(20), or who is a protected individual, as defined by 8 U.S.C. 1324b(a)(3). By using the Product, you represent and warrant that you meet all of the foregoing eligibility requirements, if applicable. If you do not meet all of these requirements, you must not access or use the Products.
2. Definitions. Capitalized terms used herein shall have the meanings set forth in this Section 2.
A. “Agreement” means the Software License Agreement and any other agreement or contract entered into between Tangram and Customer that is governed by or otherwise incorporates this Policy.
B. “Customer” means any individual purchasing or accessing Tangram Products under the terms of an Agreement. This includes all Customer employees accessing the Tangram Products, or (b) employees of Customer’s consultant(s) or subcontractor(s) who access Tangram Products on behalf of the Customer.
C. “Documentation” means Licensor’s user manuals, handbooks, and installation guides relating to the Tangram Products that Licensor provides or makes available to Customer in any form or medium which describe the functionality, components, features, or requirements of Tangram Products, including any aspect of the installation, configuration, integration, operation, or use of Tangram Products.
D. “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights Laws, and all similar or equivalent rights or forms of protection, in any part of the world.
E. “Tangram Products” means any product, software, and/or service provided by Tangram to Customer under or in connection with any Agreement.
4. License Terms
5. Accessing the Product and Account Security
You shall not access the Product from outside the United States. We provide the Product for use only by lawful permanent residents of the United States of America or those considered protected individuals, (as defined by 8 U.S.C. 1324b(a)(3)), who are located in the United States. We make no claims that Tangram Products, or any of their content, is accessible or appropriate outside of the United States. Access to Tangram Products may not be legal by certain persons or in certain countries.
The Tangram Products may contain technological measures designed to prevent unauthorized or illegal use. You acknowledge and agree that we may use these and other lawful measures to verify your compliance with the terms of this Agreement and enforce our rights, including all intellectual property rights, in and to Tangram Products. We will not be liable if for any reason all or any part of Tangram Products are unavailable at any time or for any period. From time to time, we may restrict users, including registered users, access to portions or all of the Tangram Products.
If you discover any security vulnerability within Tangram Products you agree to take reasonable steps to notify us (at firstname.lastname@example.org), and you agree to not disclose the security vulnerability publicly. Public disclosure of a security vulnerability puts all users at risk.
6. Intellectual Property Rights
Tangram Products and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, other file formats, and the design, selection and arrangement thereof), are owned by Tangram, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to Tangram Products, or any content within, is transferred to you by your use of the Product, and all rights not expressly granted are reserved by Tangram.
You acknowledge and agree that: (a) you do not have under or in connection with this Agreement any ownership interest in Tangram Products or Documentation, or in any related Intellectual Property Rights; (b) Tangram is the sole and exclusive owners of all right, title and interest in and to Tangram Products and Documentation, including all Intellectual Property Rights relating thereto, subject only to the rights of Third-Parties in Open Source Components and the limited license granted to you under this Agreement; (c) you own all rights, title, and interest in and to your content as well as outputs from your efforts using the Product, and (d) you hereby unconditionally and irrevocably assign to Tangram, your entire right, title and interest in and to any Intellectual Property Rights that you may now or hereafter have in or relating to Tangram Products or Documentation, whether held or acquired by operation of law, contract, assignment or otherwise.
You agree to promptly notify Tangram in writing if you become aware of: (a) any actual or suspected infringement, misappropriation or other violation of Tangram’s Intellectual Property Rights in or relating to any Tangram Products or Documentation; or (b) any claim that Tangram Products or Documentation, in whole or in part, infringes, misappropriates or otherwise violates the Intellectual Property Rights or other rights of any person.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Products, except as follows:
The Tangram name, the terms “Tangram”, “Flex Code”, “Tangram Flex”, “Tangram Flex®”, “Tangram Pro”, “Tangram Toolkits”, “Tangram Pro™”, and all related names, logos, products and service names, designs and slogans are trademarks of Tangram or its affiliates or licensors. You must not use such marks without the prior written permission of Tangram.
8. Prohibited Uses
Further, You agree not to:
8.1 Content Standards. User contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, user contributions must not:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement or government authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Tangram Products. YOU WAIVE AND HOLD HARMLESS TANGRAM AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TANGRAM OR LAW ENFORCEMENT OR GOVERNMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10. Information in Tangram Products
The information presented on or through Tangram Products is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information or the research behind the information and statements contained in Tangram Products. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you to Tangram Products, or by anyone who may be informed of any of its contents.Tangram Products may include content provided by third-parties, including materials provided by other users, and/or third-party licensors. Any or all information contained in these materials, and associated data and other content, other than the content provided by Tangram, are solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Tangram. we are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.If Tangram Products contain links to other sites and resources provided by third-parties, these links are provided for your convenience only. If you decide to access any of the third-party sites linked to Tangram Products, such as third-party sites which are for Support Services, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
11. Changes to the Product
From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Tangram Products (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance), and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
12. Disclaimer of Warranties; Limitation on Liability
Other than as expressly set out in this Agreement, neither Tangram nor its agents make any specific promises or warranties about the Tangram Products. For example, we don’t make any commitments about the content within the sites, the specific function of the sites, or their reliability, availability, or ability to meet your needs. We provide the Tangram Products “as is”. Except where prohibited, Tangram shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Tangram Products or any third-party’s use of the Tangram Products. These exclusions include, without limitation, damages for lost profits, lost data, computer failure, or the violation of your rights by any third-party, even if we have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.
14. Export Regulation
Tangram Products may be subject to US export control laws, including the US Export Administration Act, the U.S. Export Administration Regulations (EAR), the U.S. International Traffic in Arms Regulations (ITAR), the U.S. Foreign Trade Regulations (FTR), and their associated regulations. You shall not, directly or indirectly, export, re-export, or release these Tangram Products to, or make these Tangram Products accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making any Tangram Products available outside the US. You acknowledge that remote access to Tangram Products may, in certain circumstances, be considered a re-export of such Product, and accordingly, may not be granted in contravention of U.S. export control laws and regulations.
15. Waiver and Severability
16. Your Feedback
All other feedback, comments, requests for technical support and other communications relating to the Product should be directed to: email@example.com. You acknowledge that feedback on Tangram Products and your experiences are fundamental to our ability to deliver top-quality software products. Accordingly, you hereby assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the feedback, for any purpose whatsoever, although we are not required to use any feedback.