Intellectual Property Rights
Authorized and Prohibited Uses
You agree that AethLabs shall have, and hereby grant to AethLabs, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to retain and use any data that you upload to this Website that is used in connection with or was generated from AethLabs products (“User Data”) for internal purposes and to incorporate information compiled from analyzing such User Data in future product releases. AethLabs will not disclose the User Data to any third party. You agree that all User Data you upload will be in compliance with applicable laws, including without limitation laws governing data privacy, data security and the protection of personally identifiable information.
Registration and Passwords
At times, we may or may not require you to have a password and provide registration details to access this Website or portions of this Website. To the extent that we do require a password and registration details, the details you provide must be correct, current, and complete. If AethLabs believes that the details are not correct, current, and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). AethLabs shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by AethLabs, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
Any AethLabs software and any associated firmware that is made available to download from this Website (collectively, “Software”) is the copyrighted work of AethLabs and/or its affiliates or suppliers. The Software is made available for downloading solely for your use pursuant to the end user license agreement (“EULA”) applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are visiting this Website from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
The information that is downloaded from this Website for or on behalf of the Government of the United States of America and/or its agencies (“US Government”) is provided with Restricted Rights. Use, duplication, or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.
Compliance with the Digital Millennium Copyright Act
AethLabs respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit AethLabs to locate the Content;
- Information reasonably sufficient to permit AethLabs to contact the complaining party;
- A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact AethLabs’ Copyright Agent at:
microAeth Corporation DBA AethLabs
1640 Valencia Street, Suite 2C, San Francisco, CA 94110
Phone: +1 (415) 529-2355
Fax: +1 (415) 529-2354
Access Arrangements and Fees
Your use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by AethLabs in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website.
At this time, we do not charge a fee to use this Website (but not including any subscription-based or other services offered within, which will be the subject of a separate agreement), but we reserve the right to impose or modify fees in connection with use of this Website (or portions of this Website) at any time without liability. Payment of any such fees shall be due and payable thirty (30) days from the date of invoice unless otherwise agreed by you and AethLabs or unless otherwise required by AethLabs. AethLabs shall endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.
Access to Website
While it is AethLabs’ objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of AethLabs, access to the Website may be interrupted, suspended or terminated from time to time. AethLabs shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use.
You agree not to submit any User Content or User Data to this Website or commit any act involving the transfer of information relating to any User Content or User Data in violation of applicable import/export control, espionage or national security laws.
You agree to comply with all applicable laws in connection with your use of this Website.
Unsuitable Content and Conduct
User shall not engage in conduct or submit to this Website any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. User shall not cause damage, embarrassment or adverse publicity to AethLabs.
Functional Compatibility and System Abuse
Your Cooperation and Notification
THIS WEBSITE, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. AETHLABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability and Remedies
AETHLABS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH AETHLABS (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. AETHLABS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH AETHLABS. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AETHLABS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AethLabs AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. AETHLABS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. in any event, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION are NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF AETHLABS WILL BE LIMITED TO, IN THE SOLE DISCRETION OF AETHLABS, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OF LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY AETHLABS FROM YOU.
Third Party Sites and Other Information
This Website may contain as a convenience to you, content, links and other information submitted by third parties over whom AethLabs has no control or responsibility, as well as translations thereof which AethLabs may arrange. AethLabs has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under AethLabs’ control, and you acknowledge that (whether or not such sites are affiliated in any way with AethLabs) AethLabs is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by AethLabs or any association with its operators.
Separate Terms and Conditions
Dispute Resolution; Applicable Law and Forum
Aethalometer® and DualSpot® are registered trademarks of Magee Scientific Corporation and used under license.