Terms of Use

These Widget Terms of Use govern your use of this Widget. These Widget Terms of Use may be changed by NewsGator Technologies, Inc. (“NewsGator”) at any time without notice. If you object to any such changes, your sole recourse is to stop using the Widget and remove the Widgets (and associated software code) from your web site.

License and Restrictions on Use

Subject to your compliance with these Widget Terms of Use, NewsGator grants you (“Operator”) a limited, nonexclusive, revocable, non-sublicensable, personal, nontransferable license to create an unlimited number of copies of the software code displayed above (“Code”) solely to incorporate the Code into one or more of your websites, and you may not modify or create derivative works of the Code. You are not licensed to use the Widget for any other purpose, and nothing in these Widgets Terms of Use shall be deemed to grant you any right, title or interest in the Widget or the content displayed on or through the Widget (the “Widget Content”). Subject solely to the express parameters of the limited license granted to you pursuant to this paragraph, the Widget and the Widget Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without your obtaining the express prior written permission in each instance of the owner of the Widget Content. In addition, neither Widget Content nor content accessed through the Widget may be used in any manner that would constitute an endorsement (whether express or implied) by any person or entity of any product(s), service(s), activity(ies) or brand(s) contained on your websites. You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of a Widget.

Placement of Widgets

NewsGator prohibits the placement of Widgets on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined NewsGator in its sole discretion.

Marketing

NewsGator and its Advertisers may reproduce screen shots of pages where the widgets reside for the purpose of preparing sales materials summarizing the Web Site and its demographics. In addition, NewsGator and its Advertisers shall have the right to use the Company’s name and logos in promoting the Advertising Network and in connection with Comscore’s (or similar online research companies’) reporting and entity/network definitions.

Link to Content Pages

The Widgets may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article or other information on the Operator website. You may not display the Widget Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Operator web page. You may not insert any intermediate page, splash page or other content between the Widget link and the applicable Operator web page.

Right to Discontinue Widgets

NewsGator reserves the right to discontinue providing any or all of the Widgets at any time and to require you to cease displaying, distributing or otherwise using any or all of the Widgets for any reason including, without limitation, your violation of any provision of these Widgets Terms of Use. Neither NewsGator, content owners, nor any of its respective affiliates, sponsors, licensees assume any liability for any of your activities in connection with the Widgets or for your use of the Widgets in connection with your website, and you agree to indemnify, defend and hold such parties harmless form and against any claims arising from such activities or use.

No Warranty

NEWSGATOR AND CONTENT OWNERS DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE WIDGETS. THE WIDGETS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. NEWSGATOR AND CONTENT OWNERS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NEWSGATOR AND CONTENT OWNERS FURTHER DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, AND PERFORMANCE OF THE WIDGETS. YOU UNDERSTAND AND AGREE THAT YOU USE THE WIDGETS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF WIDGETS.

Limitation of Liability

THE WIDGETS ARE BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT NEWSGATOR AND CONTENT OWNERS SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE WIDGETS. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NEWSGATOR OR CONTENT OWNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WIDGETS, FROM INABILITY TO USE THE WIDGETS OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WIDGETS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL NEWSGATOR AND CONTENT OWNERS BE LIABLE TO YOU UNDER ANY CIRCUMSTANCE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

General Provisions.

These Widgets Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflict of laws or provisions of your actual state or country of residence. Any dispute arising from these Terms and Conditions shall be adjudicated in the federal or state courts located in New York County. If for any reason a court of competent jurisdiction finds any provision or portion of these Widgets Terms of Use to be unenforceable, the remainder of these Widgets Terms of Use will continue in full force and effect. These Widgets Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.