Terms and Conditions (v. 01-19)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THIS WEBSITE.  By using Circadence Corporation’s (“Circadence,” “We” or “Us”) website, you agree to be bound by the following Terms and Conditions.  We reserve the right to modify these Terms and Conditions from time to time, at any time and without notice. Please review these Terms and Conditions when you visit our website so that you will be apprised of any changes made to them.


Copyright
Copyright © 2010-2019 Circadence Corporation. All rights reserved.

All content, including the compilation of all content, on this website is the exclusive property of Circadence or its content suppliers and is protected by U.S. and international copyright laws.  You are authorized to view, copy, print and distribute content found on this website provided that you use the content for informational purposes only, you do not use the content for any commercial purpose, and you retain this copyright notice.


Copyright Infringement

If you believe that your copyright in any material has been infringed by Circadence or by a third party who has made such material available for delivery from this website, please provide the following information to the person designated below:

  • a description of the copyrighted work together with a description of where the material is located (e.g., a URL or the like) or otherwise can be found
  • your contact information (address, telephone number and e-mail) and your electronic or physical signature;
  • a statement that you have a good faith belief that material identified is not authorized by the copyright owner or its agent; and
  • a further statement by you under penalty of perjury that the information provided is accurate and that you are authorized to make the complaint on the copyright owner’s behalf.

If you believe your copyright material is being used on this website without permission, please notify the designated copyright agent, Peter-Christian Olivo, at Circadence Corporation, 1900 9th Street, Suite 300, Boulder, Colorado 80302, 303-413-8837 or email info@circadence.com


Patents

Portions, features and/or functionality of Circadence’s products are protected under one or more of the following United States Patent Numbers:
6,390,922, 6,179,713, 6,050,898, 5,964,660, 7,043,563, 7,120,662, 7,155,539, 7,020,783, 7,111,006, 7,127,518, 7,143,195, 6,990,531, 7,450,495, 7,330,435, 7,257,081, 7,120,120, 6,836,465, 7,525,920, 7,975,066, 8,065,399, 8,024,481, 2,730,021, 7,962,654, 8,195,823, 8,510,468, 8,218,447, 8,463,935, 8,417,770, 8,386,641, 8,977,711, 8,898,340, 8,977,712, 9,148,293, 9,380,129, 8,996,705, 9,432,296, 9,185,185, 9,578,124, 10,056,005, 9,436,542, 9,723,105, 9,923,987, 10,033,840,

and the following foreign patent numbers: EP0284436, EP02786767, EP 02789833,
as well as Patents Pending in the United States and other countries.


Trademarks
Circadence, the Circadence logo, Technology Powered by Tomorrow, Link Resilience, Cylitaire, Cyraas, InCyt, Incyt Seriously Fun, Mazer, Orion, Orion the Mission Builder, Project Ares, Project Ares Next Generation Cybersecurity Training and logo, Project Ares triangle and design, StrikeSet, and TruGen are trademarks or registered trademarks of Circadence.  All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Circadence or their respective owners.


Use of Personal Information
For information regarding Circadence’s treatment of personally identifiable information, please review Circadence’s current Privacy Policy.

General Disclaimer
THIS WEBSITE, ANY SOFTWARE MADE AVAILABLE FROM THIS WEBSITE, AND INFORMATION OR DOCUMENTS WITHIN THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED HERE.  CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE WEB SITE.

CIRCADENCE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS DESCRIBED IN THIS WEBSITE AT ANY TIME AND WITHOUT NOTICE AND WE MAKE NO COMMITMENT TO UPDATE THIS WEBSITE IN ANY RESPECT.


Liability Limitation
CIRCADENCE AND/OR ANY THIRD-PARTY COPYRIGHT HOLDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CIRCADENCE WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY CIRCADENCE PRODUCT OR SERVICE OFFERED HEREIN OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF CIRCADENCE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notice Regarding Any Software Available on this Website

Any software that is made available to download from the Services (“Software”) is the copyrighted work of Circadence and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement or other license agreement, if any, that accompanies or is included with the Software (“License Agreement”).  An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

 

Any Software that is made available for download is made so solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the fullest extent possible.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, CIRCADENCE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with either Commercial Rights or Restricted Rights.  Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable.  The manufacturer of such software is Circadence Corporation.

Notice Specific to Documents Available on this Website

Permission to use any Documents (such as white papers, press releases, datasheets and FAQs) contained on this Website is granted, provided that (1) any copyright notice contained on the Documents appears in all copies and that both the copyright notice and this permission notice appear, and (2) no modifications of any Documents are made.  Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent possible.

CIRCADENCE AND/OR ANY THIRD-PARTY COPYRIGHT HOLDERS IN THE DOCUMENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.


Links to Third Party Sites
THROUGHOUT THIS WEBSITE, THERE MAY BE LINKS TO THIRD-PARTY WEBSITES.  CIRCADENCE DOES NOT CONTROL THE LINKED SITES AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.  CIRCADENCE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND DOES NOT ENDORSE SUCH SITES SIMPLY BY INCLUDING LINKS TO THEM.