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Version: 20.09
1. Introduction
1.1. This acceptable use policy (the “AUP“) sets out the rules governing use of PDF software made available on a site accessible via the public internet (“Applications”) and transmission, storage, and processing of your data by the Applications (“Data”). You acknowledge that we are not responsible for monitoring compliance with this AUP.
1.2. References in this AUP to “you” are to the corporate entity identified as a customer licensing the Applications and any individual user of the Applications (and “your” should be construed accordingly); and references in this AUP to “us” are to PDF Solutions, Inc. and related entities (and “we” and “our” should be construed accordingly).
1.3. By using the Applications, you agree to the rules set out in this AUP.
1.4. You must be at least 18 years of age to use the Applications; and by using the Applications, you warrant and represent to us that you are at least 18 years of age.
2. General usage rules
2.1. You must not use the Applications in any way that causes, or may cause, damage to the Applications or impairment of the availability or accessibility of the Applications.
2.2. You must not use the Applications:
a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
b) in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
2.3. You must ensure that all of your Data complies with the provisions of this AUP.
3. Unlawful data
3.1. Your Data must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3.2. Your Data must not:
a) be libelous or maliciously false;
b) be obscene, indecent, pornographic, sexually explicit, depict violence in an explicit, graphic or gratuitous manner, or be otherwise inappropriate for all persons who have access to or are likely to access the Data in question;
c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
d) infringe any right of confidence, right of privacy or right under data protection legislation;
e) constitute negligent advice or contain any negligent statement;
f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
g) be in contempt of any court, or in breach of any court order;
h) constitute a breach of racial or religious hatred or discrimination legislation;
i) constitute a breach of official secrets legislation;
j) be in violation of any applicable U.S. export or re-export law or regulation;
k) constitute a breach of any contractual obligation owed to any person; or,
l) be for any purpose other than authorized use of the Applications.
3.3. You must ensure that your Data is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
4. Etiquette
4.1. Your Data must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet.
4.2. Your Data must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
4.3. You must not use the Applications to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
4.4. You must not use the Applications for the purpose of deliberately upsetting or offending others.
4.5. You must not unnecessarily flood the Applications with non-business related material relating to a particular subject or subject area, whether alone or in conjunction with others.
5. Marketing and spam
5.1. You must not use the Applications for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.
5.2. You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Applications or that you find using the Applications.
5.3. You must not use the Applications to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, “get rich quick” schemes or similar letters, schemes or programs.
5.4. You must not use the Applications in any way which is liable to result in the blacklisting of any of our IP addresses.
6. Regulated businesses
6.1. You must not use the Applications for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
6.2. You must not use the Applications for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.
6.3. You must not use the Applications for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.
7. Hyperlinks
7.1. You must not link to any material using or by means of the Applications that would, if it were made available through the Applications, breach the provisions of this AUP.
8. Harmful software
8.1. Your Data must not contain or consist of, and you must not promote, distribute or execute by means of the Applications, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
8.2 Your Data must not contain or consist of, and you must not promote, distribute or execute by means of the Applications, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.