The following are the terms and conditions of use of this website and related website properties and web-based products and services owned by Appcelerator, Inc. Please review them before continuing.>BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and related Appcelerator website properties and web-based products and services. As long as you comply with these Terms and Conditions of Use, Appcelerator, Inc. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website. The materials contained in this website are protected by applicable copyright and trademark law. Appcelerator is a registered trademark in the United States, Canada, and the European Union. Appcelerator Titanium is a trademark of Appcelerator, Inc.
2. Use License.
A. Permission is granted to temporarily download one copy of the materials on Appcelerator, Inc.’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public
display (commercial or non-commercial);
iii. remove any copyright or other proprietary notations from the materials; or
iv. transfer the materials to another person or "mirror" the materials on any other server.
B. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Appcelerator, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
C. This license does not specifically cover any downloadable software products contained on Appcelerator, Inc.’s website which are covered under separate license(s) for each specific download. Please see the applicable software license agreement for each downloaded software for individual software license details.
The materials on Appcelerator, Inc.’s website are provided “as is”. Appcelerator, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Appcelerator, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
4. Limitation of Liability.
In no event shall Appcelerator, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Appcelerator, Inc.’s Internet site, even if Appcelerator, Inc. or a Appcelerator, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree to indemnify and hold Appcelerator, Inc. its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Appcelerator, Inc. by any third party due to or arising out of or in connection with your use of the website.
6. Revisions and Errata.
The materials appearing on Appcelerator, Inc.’s website could include technical, typographical, or photographic errors. Appcelerator, Inc. does not warrant that any of the materials on its website are accurate, complete, or current. Appcelerator, Inc. does not, however, make any commitment to update the materials.
Appcelerator, Inc. has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Appcelerator, Inc. of the site. Use of any such linked website is at the user’s own risk.
Appcelerator, Inc. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions of Use, at any time, without notice. It is your responsibility to check these Terms and Conditions of Use periodically for changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the changes.
9. Feedback and Information.
Any feedback you provide at this site shall be deemed to be non-confidential. Appcelerator, Inc. shall be free to use such information on an unrestricted basis.
11. Governing Law.
Governing Law; Dispute Resolution. You agree that all matters relating to your access to or use of the website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms and Conditions of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Appcelerator, Inc. and you arising out of or in connection with your use of the website, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
Effective Date: April 16, 2012