Terms of Use

General

Please read these terms of use (the “Terms”) carefully before using the websites of Mundo Pato Inc. and its subsidiaries (collectively known as Mundo Pato). By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics or photographs) that Mundo Pato may make available through the websites (collectively, “Materials”) and any services that Mundo Pato may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “Mundo Pato Websites.”

Mundo Pato reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Mundo Pato Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.

These Terms include the Mundo Pato community and the terms and conditions set forth in the Mundo Pato Community are incorporated herein by reference. These Terms, together with any additional terms to which you agree when using particular elements of the Mundo Pato Websites, constitute the entire and exclusive and final statement of the agreement between you and Mundo Pato with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Mundo Pato with respect to such subject matter. These Terms and the relationship between you and Mundo Pato shall be governed by the laws of the State of Oregon as applied to agreements made, entered into and performed entirely in Oregon by Oregon residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Mundo Pato Websites shall be brought in the Federal or State courts located in Portland, Oregon, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Mundo Pato to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Mundo Pato and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Mundo Pato Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Mundo Pato. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mundo Pato without restriction.

Use of Software

To the extent that Mundo Pato provides for the download of proprietary Mundo Pato software or open source software from Mundo Pato ’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Mundo Pato or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.

All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.

Trademarks

Mundo Pato reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Mundo Pato will be collectively referred to as “Mundo Pato Marks.”

The Mundo Pato Marks are highly valued intellectual property, and therefore Mundo Pato will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Mundo Pato Marks or which are likely to cause confusion with Mundo Pato Marks.

No employee or other representative of Mundo Pato is authorized to grant permission to use Mundo Pato Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to Mundo Pato Marks by a Mundo Pato employee in the absence of a formal written agreement cannot be relied upon.

Mundo Pato does not object to the use of the Mundo Pato Marks (other than logos) to refer specifically to the products of Mundo Pato. However, a purely referential use or nominative fair use of the Mundo Pato Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.

In the United States, registered Mundo Pato Marks should be designated by the symbol “®”, while unregistered Mundo Pato Marks should be identified by a “™” designation. The Mundo Pato Marks must be used as adjectives, rather than as nouns or verbs.

Linking To Mundo Pato Websites

Linking to the Mundo Pato Websites (including an internal or subsidiary page of any website comprising a part of the Mundo Pato Websites) must be approved in writing by Mundo Pato , except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

1.      does not utilize content of a Mundo Pato Website;
2.      does not utilize a Mundo Pato logo;
3.      does not use framing of a Mundo Pato Website;
4.      does not misrepresent an affiliation or other relationship with Mundo Pato ;
5.      does not misrepresent any possible endorsement by Mundo Pato ;
6.      does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
7.      is promptly modified to delete the hyperlink upon request by Mundo Pato .

Copyright

The contents of the Mundo Pato Websites are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the Mundo Pato Websites, except as necessary to view the Mundo Pato Websites.

Please direct any questions or comments to: info@mundopato.com

Links to Third Party Sites

Links on the Mundo Pato Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Mundo Pato Websites. Mundo Pato does not endorse or make any representations about such third party websites, and Mundo Pato is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Mundo Pato does not control those websites, and Mundo Pato is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Anti-Piracy/License Compliance

Mundo Pato protects its technology vigilantly and permits others to use it by virtue of license agreements. The use or distribution of Mundo Pato software without permission from Mundo Pato is software piracy. Mundo Pato distributes and sells its product through a channel network of distributors and resellers worldwide. Mundo Pato does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators. If you are contemplating or have obtained Mundo Pato software through one of these avenues, you likely will find yourself with pirated software. Please contact Mundo Pato support@mundopato.com for assistance with your own or another’s unauthorized use of Mundo Pato software.

Mundo Pato also understands that some customers may have challenges with managing their software licenses. In these instances, Mundo Pato’s License Compliance team may assist by reviewing deployment records and reconciling them with Mundo Pato’s internal entitlement records. Please contact Mundo Pato ’s License Compliance team with questions or issues about your company’s usage at: support@mundopato.com

Indemnification

You agree to indemnify, defend and hold harmless Mundo Pato , its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Mundo Pato Websites or violation of these Terms. Mundo Pato reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Mundo Pato’s defense of such claim, and in no event may you agree to any settlement affecting Mundo Pato without Mundo Pato ’s written consent.

Electronic Communications

When you visit the Mundo Pato Websites or send e-mails to Mundo Pato, you are communicating with Mundo Pato electronically. We may respond to you by e-mail or by posting notices on the Mundo Pato Websites. You agree that all such notices, disclosures and other communications that Mundo Pato provides to you electronically satisfy any legal requirement that such communications be in writing.

United States Government Rights

All Mundo Pato products and publications are commercial in nature. The software, publications and software documentation available on the Mundo Pato Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, Mundo Pato ’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.

Disclaimers

Information on the Mundo Pato Websites is not promised or guaranteed to be correct, current or complete, and the Mundo Pato Websites may contain technical inaccuracies or typographical errors. Mundo Pato assumes no responsibility (and expressly disclaims responsibility) for updating the Mundo Pato Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Mundo Pato Websites. Mundo Pato provides no assurances that any reported problems will be resolved by Mundo Pato, even if Mundo Pato elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE MUNDO PATO WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. MUNDO PATO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MUNDO PATO MAKES NO WARRANTY THAT THE MUNDO PATO WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE MUNDO PATO WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL MUNDO PATO BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE MUNDO PATO WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF MUNDO PATO HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Mundo Pato may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Mundo Pato’s liability shall be the minimum permitted under such applicable law.