Terms of Use & Privacy

Description of Service

GestureWorks.com provides information, downloads, and support for the GestureWorks^® 3 Flash and Flex Framework.

Use of This Site

Your use of this website (“Site”) is subject to the following legal Terms of Use (“Agreement”). Please read this Agreement carefully, as you will be bound by its terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

Licensing and Open Exhibits

This site may feature materials developed as part of the Open Exhibits software initiative. Modules, components and documentation released under Open Exhibits are available for use with GestureWorks^® 3 (patent pending).

Software modules, templates, and exhibits distributed on the Open Exhibits website are made available as open source and released under the GNU LGPL version 3.0 license. Some Open Exhibits software may require the use of proprietary libraries contained in Open Exhibits Core, GestureWorks^® 3, Adobe Flash, Adode Flex, Adobe Air or other programs. The above-mentioned license does not extend to this proprietary software.

In short, the GestureWorks^® 3 framework is not open source and any GestureWorks^® 3 materials are subject to the restrictions outlined on this page and are not available under the terms of the open source licenses used on the Open Exhibits site, unless specified on this Site as open source.

Revisions

We reserve the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site.

Ownership

This site is owned and operated by Ideum Inc., 2469 Corrales Road, Building C, Corrales, NM 87048. If you have any questions about the Site or these Terms of Use, please contact us.

Trademarks

The GestureWorks, Open Exhibits, and MT-50 trademarks are the property of Ideum.

Adobe Flash, Adobe Flex, Flex Builder, Adobe CS4 and Adobe CS5, are the registered trademarks of Adobe Inc. Dell Studio One is the registered trademark of Dell Inc. TouchSmart is the registered trademark of Hewlett-Packard Development Company, L.P.

Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

Disclaimer & Forum Policy

Ideum maintains this web site to provide information relevant for GestureWorks^® 3 users. Our goal is to keep this information timely and accurate. If errors are brought to our attention, we will try to correct them.

This information is:

not necessarily comprehensive, complete, accurate or up to date;
sometimes linked to external sites over which Ideum/GestureWorks has no control and for which Ideum/Gestureworks assumes no responsibility;
not professional or legal advice.

Ideum/GestureWorks retains the right to remove postings and ban individuals at its discretion. Ideum/GestureWorks accepts no responsibility or liability whatsoever with regard to the content of the Support & Forum area.

Limitation of Liability – No Guarantees

There are no guarantees of proper performance of the Website and no guarantees of current or future availability. If you are concerned about the stability, performance, or future availability of the Website, please do not use it.

WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE, AND ALL CONTENT ON THIS SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

IN NO EVENT SHALL IDEUM, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE.

Privacy

We respect our visitors’ privacy. We will not share email addresses or other personal information with companies outside of Ideum. By checking the box, you agree to receive emails from Ideum. You can unsubscribe from the email list at any time. Email addresses are not published or shown on the site.

Severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this Agreement and will not affect the validity or enforceability of the remainder of this Agreement.

Last revised: November 29, 2010