Terms of Use

Kateeva, Inc. (“Kateeva”) owns and operates this website at www.kateeva.com and other websites on which these Terms of Use are posted (collectively, the “Website”) to provide online access to information about Kateeva, its products and services, and related matters. These Terms of Use, as may be amended from time to time in accordance with the Amendment section below (“Terms”), form a binding contract between you and Kateeva relating to your use of the Website.

By accessing and using the Website or any features or functionality on the Website, you agree to and accept these Terms. If you do not accept these Terms, you may not access and/or use the Website.

Product Purchases and Software License Terms

The Terms do not apply to your purchase or license of Kateeva products and services, or in any way grant you any rights or licenses to Kateeva products and services. Separate terms and conditions apply to such purchases and licenses, and all such purchases and licenses are subject to Kateeva’s prior written acceptance and approval.

Product Descriptions and Availability

All products and product pricing and specifications and images are provided for informational purposes and are subject to change without notice. Actual products may vary from the images provided due to formatting for display purposes. Kateeva does not guarantee the availability of any products that might be displayed on this Website or that such products and services may be purchased, licensed or used outside of the United States or in the jurisdiction where you live or do business.

Warranty Disclaimer

The Website and Content (as defined below) are provided “as is” without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Under these circumstances, all other exclusions remain in force.

Kateeva also does not warrant the accuracy, reliability, availability or completeness of the Website or any Content, nor does it warrant or represent that the Website or any Content may be suitable for use in any circumstance or application. By using this Website, you acknowledge that any reliance upon any Content or materials, advice, statement or information on the Website shall be at your sole risk. This express disclaimer includes damages caused by viruses, worms, Trojans or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to, use of, or browsing on this Website.

Limitation of Liability

Your access and use of the Website is at your sole risk. If you are dissatisfied with any of the Content contained in the Website, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Website. Under no circumstances will Kateeva, its parents, subsidiaries, affiliates, its suppliers or other third parties (“Kateeva Parties”) mentioned on the Website or involved in creating, producing, or delivering the Website, be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use, or the results of use of the Website, any websites linked to the Website, or any materials contained at any or all such Websites (including but not limited to those caused by, or resulting from, infringement and alleged infringement, a failure of performance, error, omission, linking to other websites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, and whether or not Kateeva was advised of the possibility of such damages. In no event will the Kateeva Parties’ total liability to you under or arising out of these Terms exceed one-thousand United States dollars (USD 1,000). Kateeva shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party.

Usage of Website

You shall: (a) use the Website for lawful purposes only; (b) not post or transmit through the Website any information or material that violates or infringes in any way the rights of others (e.g., copyrights and trade secret rights), or that violates these Terms or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable; (c) not make any use of the Website on any website, media, network or system other than those provided by Kateeva, and/or frame, “deep link,” “page scrape,” mirror and/or create a browser or border environment around any of the Website (or any part thereof); (d) not use any “robot,” “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, scrape, acquire, copy, or monitor any portion of the Website (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Website to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Website; (e) not upload to the Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and (f) not take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Website or the systems or networks connected to the Website, or otherwise interfere with or disrupt the operation of any of the Website.

Trademarks, Content and Intellectual Property Rights

Kateeva and associated logos are trademarks of Kateeva, Inc., registered in the United States and other jurisdictions. Unauthorized use is strictly prohibited.

In addition, the Website contains information and material, including, but not limited to, product and service descriptions, text, software, photos, video, graphics and audio (collectively “Content”), which is owned by Kateeva and its licensors, and protected by international copyright, trademark, and other laws.

Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled. You acknowledge that you do not acquire any license, ownership or other rights to the Content by using the Website.

You may not link to the Website or Content on any other website or networked computer or environment without Kateeva’s express written consent. If you breach any of these Terms, your authorization to access and use the Website automatically terminates.

For the avoidance of doubt, Kateeva reserves the right to terminate access to this Website at any time and without notice.

Privacy Policy

Kateeva’s Privacy Policy, posted separately on this Website, is incorporated by reference herein. By providing your personal information to Kateeva through the Website, you agree to and accept that Privacy Policy.

Information Provided by You

It has been and remains Kateeva’s policy not to accept or consider information, ideas, concepts, know-how, techniques, suggestions or materials (“Submissions”) other than those that Kateeva has specifically requested from you. Accordingly, Kateeva does not want you to, and you should not, send any confidential or proprietary information to Kateeva through the Website unless specifically requested by Kateeva. Please note that any unsolicited information or material or any Submissions sent to Kateeva will be deemed not to be confidential or proprietary to you or any third party. By making a Submission to Kateeva through the Website, you contemporaneously grant to Kateeva (or warrant that the owner of such information and material has expressly granted to Kateeva) ownership of the Submission (in whole or in part) and any and all intellectual property rights associated therewith. You also agree that Kateeva is free and has the irrevocable, transferable, perpetual, worldwide, royalty-free and fully paid right to use, reproduce, display, transmit, and otherwise exploit Submissions for any purpose, including in connection with its products and services. You are not entitled to any compensation or right of review, approval or attribution relating to Kateeva’s use of a Submission.

Amendments

Kateeva reserves the right, in its sole discretion, to amend these Terms at any time and modify, delete, or correct any errors or omissions in any portion of the Website and Content (as such term is defined below). Such changes shall be effective upon publication on the Website. Content may also be changed, modified, added, or removed or updated without notice at any time; however, Kateeva is under no obligation to update Content. Kateeva may also make changes in the services, products, programs, or prices (if any) described in the Website at any time without notice. Your continued use of the Website after any amendment Kateeva makes to the Website will be considered acceptance of such amendments. Kateeva further reserves the right to terminate or suspend the operation of this Website for any or no reason. You should revisit these Terms of Use from time to time to review the then-current version, as they are binding on you.

Third-Party Links

Kateeva may provide, as a convenience to you, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website you may access through this one. Kateeva disclaims any and all liability arising from the content or the use of any non-Kateeva website linked to this Website. If you use websites that are linked to this Website, you do so at your own risk and responsibility. Kateeva makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of the products and/or services described thereon. Furthermore, linking to sites operated by other entities and persons does not imply that (1) Kateeva is affiliated or associated with those entities or persons; or (2) any linked site is authorized to use any trademark, trade name, logo, or copyright of Kateeva.

Choice of Law and Jurisdiction

These Terms shall be governed by the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law. You hereby irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the Northern District of California for the adjudication of any dispute hereunder or in connection with your use of the Website or these Terms, and you hereby irrevocably waive, and agree not to assert in any suit, action or proceeding, any claim that you are not personally subject to the jurisdiction of any such court, or that such courts are improper or inconvenient venue for the adjudication of such dispute.

Export Controls

This Website is operated and provided by Kateeva from the United States. You may not use the Website or export information and Content in violation of the export laws of the United States or any other country. If you access the Website from a location outside of the United States, you are responsible for compliance with all applicable laws. Content published at the Website may refer to products, programs, or services that are not available in your country. Furthermore, Kateeva makes no representation that the Content at the Website is appropriate or available for use from locations outside of the United States, and access to them from territories where their contents are illegal is prohibited.

Miscellaneous

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between Kateeva and you with respect to your use of the Website. Any cause of action you may have with respect to your use of the Website must be commenced within six (6) months after the claim or cause of action arises.

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