Consent for Hypertext Linking
1. Subject to the terms and conditions set forth in this Consent for Linking ("Consent"), Fortified DataCom, ("Fortified") hereby grants you permission to provide a hypertext link from your website to Fortified websites, provided that your website:
- May link to, but not replicate, content contained in our website(s);
- Must not create a border environment, a frame, iframe or similar browser around content contained in our website(s);
- Must not present disparaging, misleading, or false information about Fortified DataCom content, services, or products;
- Must not misrepresent the relationship between you and Fortified DataCom;
- Must not imply that Fortified is endorsing or sponsoring you or your content, services, or products;
- Must not use Fortified DataCom trademarks, logos, trade names, trade dress, or other intellectual property without prior written permission from Fortified Intelligence;
- Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
- Must not contain materials that would violate any laws; and
- Must not "deep link" or "hot link" to Fortified Intelligence content, information, products, or services.
2. Fortified shall not be liable to you for the content of a Fortified website or links on a Fortified website to other websites.
3. You acknowledge that Fortified may immediately terminate this Consent at any time, without penalty, with or without cause, and with or without notice. If the grant provided in this Consent is terminated, you must remove the subject hypertext link to a Fortified website within one (1) business day of termination.
4. FORTIFIED SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, SUBSTITUTE GOODS/SERVICES, OR ANTICIPATED PROFITS OR LOST BUSINESS.
5. This Consent shall be governed by the laws of the State of Connecticut, excluding its conflict of laws principles, in the appropriate state or federal court in Connecticut. This Consent is the entire understanding between the parties relating to the subject matter referenced herein and supercedes all prior or contemporaneous understandings, whether written or oral. You shall indemnify, defend, and hold harmless Fortified DataCom, Fortified Holdings Corporation and its directors, officers, employees, agents, shareholders, and representatives, from any claim, action, allegation, damages, or liability (including attorney's fees) arising or relating to your breach of, or negligent acts or omission relating to, your obligations under this Consent. The foregoing indemnities shall survive expiration or termination of this Consent. You may not assign this Consent, in whole or in part, without prior written permission from Fortified DataCom. You shall have no power or authority to assume or create any obligation or responsibility on behalf of Fortified nor may you hold yourself out, by implication or otherwise, as holding such power or authority. This Consent may only be modified, and a party may only waive its rights under this Consent by a written document executed by you and Fortified. Any failure to enforce any provision of this Consent shall not constitute a waiver thereof or of any other provision hereof. In the event any term of this Consent is found by any court to be void or otherwise unenforceable, the remainder of this Consent shall remain valid and enforceable as though such term were absent.
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