Effective July 19, 2012
2. Scope of License. You acknowledge that all information (including, without limitation, technical information, specifications, software, programs, processes, published on or otherwise transmitted through the Site (collectively, the "Information") is protected in the United States and internationally by a variety of laws including, without limitation, copyright laws, trademark laws, patent laws and other proprietary rights laws. Accordingly, any unauthorized use of any such Information may violate any of such or other laws. The Information is provided by Amber Road as an accommodation to its customers, and may be used by you only to promote (i) your understanding of the products and services offered by Amber Road, and (ii) your license or purchase (as the case may be) of Amber Road products and services (collectively the "Purpose"). This is a license, not a transfer of title. You acknowledge that there may be situations where the Information is subject to change, qualifications, variations, adjustments or modifications without notice. Moreover, you acknowledge and agree that the Site and the Information contained thereon may contain errors, omissions, inaccuracies, mistakes or deficiencies. Accordingly, you hereby acknowledge and agree that these risks and exposures exist while utilizing the Site, that your use of the Site is subject to such risks and exposures, and that Amber Road will have no liability on account of any of the foregoing, and that the Site should be used as a guideline only.
4. Disclaimer. THE Information CONTAINED IN OR TRANSMITTED THROUGH THE Site IS PROVIDED (AND THE Site IS MADE AVAILABLE) "AS IS," "WITH ALL FAULTS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, ALL OF WHICH ARE HEREBY WAIVED. Amber Road DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AS TO WHETHER THE Site IS FREE FROM CLAIMS OF THIRD PARTIES CONCERNING INFRINGEMENT OR THE LIKE. Amber Road DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE Site OR Information, AND MAKES NO COMMITMENT TO UPDATE THE Site OR Information CONTAINED HEREIN. Amber Road CANNOT GUARANTEE OR WARRANT THAT THE Site IS FREE OF VIRUSES, TIME BOMBS, TROJAN HORSES, WORMS AND OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR HARMFUL COMPONENTS. Amber Road CANNOT GUARANTEE OR WARRANT THAT THE Site IS FREE OF SAME WHEN IT IS ACCESSED BY A USER, NOR DOES IT MAKE ANY SUCH REPRESENTATION OR WARRANTY, AND SAME ARE HEREBY WAIVED. USERS BROWSE AND USE THE Site AND Information TRANSMITTED THROUGH OR CONTAINED THEREIN AT THEIR OWN RISK. Information CONTAINED IN THE Site IS PROVIDED WITH THE EXPRESS UNDERSTANDING THAT Amber Road IS NOT RENDERING TECHNICAL OR PROFESSIONAL ADVICE OR OPINIONS ON SPECIFIC FACTS AND MATTERS AND, ACCORDINGLY, Amber Road ASSUMES NO LIABILITY IN CONNECTION WITH THE USE OF THE Site OR THE Information. YOU HEREBY ACKNOWLEDGE THAT THIS SECTION 4 SHALL APPLY TO ALL PRODUCTS, SOFTWARE, CONTENT, AND SERVICES AVAILABLE THROUGH THE Site.
All Information relating to descriptions and characterizations of products and services contained on or through the Site (collectively, "Technical Data") are provided solely for purposes of identifying the products, software, and services in question and for illustrative purposes and do not constitute a warranty that our products, software, or services will conform to such Technical Data nor that our products or services will perform in accordance with such Technical Data with your systems, and Amber Road hereby waives any and all liability in connection therewith.
5. Trademarks. Any trademarks, logos, slogans, product designations and service marks (collectively "Marks") displayed on or through the Site are the property of Amber Road or other third parties. You are not permitted to use these Marks without the prior written consent of Amber Road or such third party that may own the Mark. The Site may contain information and disclosures of products, services, methods, or other technology which may be the subject of intellectual property protection owned by Amber Road.
6. Links to Third Party Sites. The Site may contain links to other third party websites ("Third Party Sites"). Amber Road makes no representations about any Third Party Sites or the content thereof which you may access through the Site. You acknowledge that Amber Road has not reviewed these Third Party Sites, has no control over such Third Party Sites or the content thereof, and is not responsible for any of these sites or their content. Accordingly, you acknowledge and agree that access to any Third Party Site is at your own risk and Amber Road shall have no liability therefor. Amber Road is not responsible for the accuracy, reliability or completeness of any information, data, opinions, advice or statements made on these Third Party Sites. Amber Road shall not be liable for any damages or injury arising out of or relating to the content of any Third Party Site or your use thereof, and same are hereby waived. Amber Road provides these links merely as a convenience and the inclusion of such links does not imply an endorsement, sponsorship or recommendation by Amber Road of anything contained on Third Party Sites, or its products or services. Amber Road reserves the right to terminate any link at any time.
Moreover, a Third Party Site may provide a link to this website ("Links"). This does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Amber Road. In most cases, Amber Road is not aware that a third party has linked to this website. You acknowledge and agree that neither Amber Road nor its affiliates shall be liable for any damages or injury arising out of or relating to your use of the Site resulting from a Link to this website from a Third Party Site, and same are hereby waived.
Amber Road cannot guarantee that any of the Third Party Sites or Links will be free from any viruses, time bombs, trojan horses, worms or any other damaging computer programming routines or harmful components. Moreover, Amber Road does not make, and you hereby expressly waive, any and all representations and warranties with respect to the availability, use, accuracy, reliability, or the results of the use of, the Third Party Sites and the Links and same are hereby waived. Accordingly, Amber Road hereby disclaims all warranties, express or implied, arising by operation of law or otherwise, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and warranties concerning infringement or the like, all of which are hereby waived.
7. Downloading. To access certain information on or through the Site, you may need to download such information onto your own computer. You acknowledge and agree that your right to download information from the Site is strictly limited to the Purpose and for no other purpose whatsoever. Information which is downloaded may only be displayed by you for the Purpose, provided it is not modified in any way and that all notices are maintained without change including, without limitation, copyright notices. As more particularly stated in section 4, Amber Road is not responsible for the completeness, accuracy and reliability of Technical Data downloaded onto your systems or the use of such Information. You also acknowledge and agree that any Information downloaded from the Site is done at your own discretion and risk and you are solely responsible for any loss of data or damage to your computer that may result from the download of such information.
a. The Site is administered by Amber Road from its offices in East Rutherford, New Jersey. Amber Road makes no representation that Information in the Site is appropriate or available for use outside the United States. Access to the Site is prohibited in any territories where the content of the Site is illegal.
c. You agree to be bound by all applicable laws and regulations that may pertain to the Site including without limitation United States export laws and regulations. You agree that the Information will not be used, exported, re-exported, or released (i) to any of the following countries or a national thereof: Cuba, Iran, North Korea, Sudan, Syria or any other country specified in Country Groups D:1 or E (as specified in the then current Supplement No. 1 to Part 740 of the U.S. Export Administration Regulations), (ii) to any entity or person specified in the then current Treasury Department Specially Designated Nationals and Blocked Persons List available at the U.S. Department of Treasury website (www.treasury.gov), (iii) to any entity or person on the then current Unverified List available at the Bureau of Industry and Security website (www.bis.doc.gov), (iv) to any entity or person on the then current Denied Persons List also available at the Bureau of Industry and Security website, (v) to any entity as specified in Entity List Supplement No. 4 to Part 744 of the U.S. Export Administration Regulations, or (f) in any manner, to any person, entity or country, or for any use, except in compliance with, and with all applicable licenses, license exceptions and approvals required under all applicable United States and foreign laws, rules, restrictions and regulations, including, without limitation, the U.S. Export Administration Regulations, the Arms Export Control Act, and the International Traffic In Arms Regulations. Diversion therefrom contrary to U.S. law is prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.