Company Information and Trademarks

The AppSense Group of Companies are AppSense Holdings Limited (UK Regd No 04624261) Headquartered in the UK, and its wholly owned subsidiaries AppSense Limited (UK Regd No 03873980), AppSense GmBH, AppSense Incorporated and SmartPeak Limited (UK Regd Number 05643559) with branch offices in Netherlands and Australia.

AppSense and the AppSense logo are registered Trademarks in Europe and the United States of America.

AppSense is a registered Trademark in Europe and in the USA

AppSense has a number of existing Patents and International Patents Pending on its software. Performance Manager is a registered Patent.

AppSense.com Terms and Conditions

This Web site is provided by AppSense Limited of 3300 Daresbury Business Park, Daresbury, Warrington, WA4 4HS (AppSense Ltd.) and may be used for information purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.

Limited Licence
Subject to the terms and conditions set forth in this Agreement, Appsense Ltd grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

Appsense Ltd authorizes you to view and download the information ("Materials") at this Web site ("Site") only for your personal, non-commercial use. This authorisation is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: i) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; ii) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and iii) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorised copying of the Materials. Except as expressly provided herein, Appsense Ltd does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. Appsense Ltd DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. Appsense Ltd RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. Appsense Ltd MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third Party Sites
As a convenience to you, Appsense Ltd may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Appsense Ltd makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Appsense Ltd or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Appsense Ltd or any of its affiliates or subsidiaries.

Information Provided By You
Appsense Ltd does not want you to, and you should not, send any confidential or proprietary information to Appsense Ltd via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Appsense Ltd will not be considered confidential or proprietary. By providing any such information or materials to Appsense Ltd, you grant to Appsense Ltd an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Appsense Ltd is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Appsense Ltd. You further recognize that Appsense Ltd does not want you to, and you warrant that you shall not, provide any information or materials to Appsense Ltd that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitations of Damages
IN NO EVENT SHALL Appsense Ltd OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF Appsense Ltd IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes
Appsense Ltd reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
Appsense Ltd may terminate, change, suspend or discontinue any aspect of the Appsense Ltd Site, including the availability of any features of the Site, at any time. Appsense Ltd may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Appsense Ltd may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

International Users and Choice of Law
This Site is controlled, operated and administered by Appsense Ltd from its offices within the United Kingdom. Appsense Ltd makes no representation that materials at this site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of UK export laws and regulations. If you access this Site from locations outside of the UK, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the United Kingdom, without giving effect to its conflict of laws provisions. This Agreement constitutes the entire agreement between Appsense Ltd and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

WEBLOG Commonly known as "Blog"
You the user of the AppSense website and its services acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not AppSense are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Weblog Service available on our site. AppSense does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AppSense be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Weblog Service.
You agree to not use the Weblog Service to:

1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, an AppSense employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,;
8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
12. "stalk" or otherwise harass another; or
13. collect or store personal data about other users.

You acknowledge that AppSense does not pre-screen Content, but that Appsense and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Weblog Service. Without limiting the foregoing, AppSense and its designees shall have the right to remove any Content that violates the Terms set out herein or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by AppSense on the website or submitted to AppSense on the Weblog or site including without limitation information in Message Boards, Message Groups, and in all other parts of the Weblog Service.