VERASONICS, INC.

COMMUNITY SITE TERMS OF USE

LAST UPDATED: August 2018

 

  1. Legal Information

VERASONICS, INC. (“VERASONICS”, “WE”, “US”, “OUR”) PROVIDES THE VERASONICS COMMUNITY SITE, INCLUDING THE CONTENT AND CODE CONTAINED THEREIN (THE “SITE”), FOR NON-COMMERCIAL RESEARCH-ONLY USE, SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE “AGREEMENT“). Please acknowledge your agreement to be bound by this Agreement by clicking “I accept” where indicated below. Verasonics reserves the right at its sole discretion and at any time to change the terms and conditions of this Agreement or change the Site, including eliminating or discontinuing any content on the Site.

  1. Ownership; Proprietary Notices

Unauthorized use of the materials on the Site may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VERASONICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VERASONICS MAKES NO REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT CONTAINED WITHIN IT.

 

The Site contains information, data, text, pictures and videos, software, notes, concepts, trademarks, service marks and other materials (collectively, “Content”) from Verasonics and other users. Verasonics does not control the Content posted to the Site by other users and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Verasonics be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, or otherwise transmitted via the Site.

Certain Content that we make available on the Site may be our confidential information, if identified as such or if, under the circumstances, such information would appear to a reasonable person to be confidential or proprietary.  By accessing such information, you agree that the existing non-disclosure agreementin effect between you and Verasonics shall apply to such information.

In the event that you have a dispute with one or more Site users, you release Verasonics from all claims, demands and damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

Verasonics has no responsibility or liability for the deletion or failure to store any Content (as herein defined) maintained on the Site. Verasonics reserves the right to change these general practices at any time, in its sole discretion.  Verasonics may, but is not obligated, to provide notice to users of changes to its practices.

Your use of the Site must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You are solely responsible for securing and backing up any Content.

  1. Submissions/Content

When you create or make available your Content on the Site, you represent and warrant that:

  • you own or have sufficient rights to post or make available your Content on the Site;
  • the posting or making available of your Content on the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights, including intellectual property rights, of any person or entity;
  • you have fully complied with any third-party licenses relating to your Content, agree to pay for all royalties, fees and any other monies owing any person by reason of any of your Content; and
  • your Content does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content.

 

The purpose of the script repository included on the Site is to enable the sharing of non-proprietary example scripts among Verasonics customers.  Any Content you post to the site will be considered non-confidential and non-proprietary. By sending or transmitting to us Content, or by posting such Content to the Site, you grant us and other users of the Site a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed. Further, by submitting Content to the Site, you acknowledge that you have the authority to grant such rights to Verasonics and other users of the Site. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.

  1. Limitation of Liability

VERASONICS IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF VERASONICS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE U.S. $1,000.00.

  1. Indemnification

You agree to indemnify, defend and hold Verasonics, its officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Script Repository Code of Conduct, and/or (c) your activities in connection with the Site.

  1. Script Repository Code of Conduct

The Site is owned and operated by Verasonics for the purpose of research only collaborations and innovation. All Content is the sole responsibility of the person from whom such Content originated. This means that the user, and not Verasonics, is entirely responsible for all Content that he or she uploads, or otherwise transmits via the Site. No user shall transmit Content or otherwise conduct or participate in any activities on the Site that, in the judgment of Verasonics, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, or the permissible uses of intellectual property. Verasonics reserves the right, in its sole and absolute discretion, to refuse or delete any Content at any time. Verasonics shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate this Agreement or be otherwise illegal. Verasonics, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Verasonics to protect the rights, property, or safety of the Site’s users.

  1. Registration; Use of Secure Areas and Passwords

The Site may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information as prompted by our registration form and (b) to maintain and update your information to keep it accurate, current, and complete. You will receive passwords and account designations upon completing certain Site registration processes and are wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Verasonics cannot and will not be liable for any loss or damage arising from a user’s failure to comply, including any loss or damage arising from any user’s failure to: (1) immediately notify us of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.

  1. 8. Digital Millennium Copyright Act (“DMCA”) Notice. In operating the Site, we may act as a “services provider” (as defined by DMCA). As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site. Verasonics has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Verasonics has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Verasonics or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is [email protected].

Please provide the following notice:

 

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site;
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

 

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

9.Privacy Policy

Our privacy policy can be viewed at verasonics.com/vc-privacy

  1. Questions

Any questions about this Agreement or our Privacy Policy should be addressed to:

Verasonics, Inc.
Attention: Webmaster
11335 NE 122nd Way, Suite 100
Kirkland, WA 98034 USA.

  1. Miscellaneous

This Agreement is entered into in the State of Washington and shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in King County, Washington for any dispute arising under or in connection with this Agreement or the Site. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Verasonics reserves the right in its sole discretion to terminate the use of the Site by a user at any time.  Verasonics reserves the right to delete, or not delete, a user’s account at its sole discretion, as well as to delete, or not delete, Content at its sole discretion.