Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.

Comindware, Inc. and its affiliates ("Comindware") provide access to a variety of technical and commercial resources ("Materials") through this website ("Site"), subject to the following terms and conditions. Comindware reserves the right to revise these terms, conditions, and the Materials from time to time as Comindware sees fit, without any notice. Users who violate these terms and conditions will have their access cancelled and may be permanently banned from using the Site or any services provided by Comindware. Users should check these terms and conditions periodically. By using the Site after we post changes to these terms and conditions, you agree to accept those changes, whether or not you have actually reviewed them.

Users Limitations

Unless otherwise specified, the Materials are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Materials.

Cookies

Comindware use a technology called "cookies" to provide you with personalized information. A cookie is an element of data that our Site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. We will not store passwords or any personally identifying information in our cookies, nor will we read cookies created by other websites. Check Cookies Policy for more detailed information about what cookies Comindware collects and how these data related to you are used.

Trademarks, Copyrights & Restrictions

This Site and all materials on the Site, including, but not limited to, trademarks, logos, designs, trade dress, and other designations used in connection with Comindware’s products and services (the "Materials") are the property of Comindware and its licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Comindware and by copyright law, trademark law, international conventions, and other intellectual property laws. You may download or make a copy of the Materials provided you agree to comply with the Comindware Trademark and Logo Usage Requirements located here. You may not remove or alter any Comindware Trademarks, or co-brand your own products or material with Comindware Trademarks, without Comindware’s prior written consent. You acknowledge Comindware's rights in Comindware Trademarks and agree that any use of Comindware Trademarks by you shall inure to Comindware's sole benefit. You agree not to incorporate any Comindware Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer software, computer or Internet-related products, services or technologies.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Comindware or such third party that may own the trademark or copyright of information displayed on this Site.

Links

The Comindware Site provides links to external sites as a convenience to the user. The inclusion of any link does not imply our endorsement of any other company, its site, or the products and services it sells. Comindware is not responsible for the privacy practices or the content of any other Web site. In addition, it is not intended that Comindware transmit your personal information to third parties, such as the vendors and suppliers of goods and services. Comindware cannot control, and is not responsible for, the actions of third parties to whom your personal and commercial information may be transmitted. If any such third party misuses, misappropriates, or publishes your personal or commercial information, Comindware is not responsible and does not accept any liability. If notified by you, as our sole obligation and your sole recourse, Comindware will take reasonable commercial measures within our control to mitigate the problem and minimize the probability of its recurrence.

Please contact Comindware for prior permission if you wish to create a hypertext link to any page on this Site. If you create a link to the Site, you remain fully responsible for any consequences of that link, whether direct or indirect, and you will protect Comindware against all loss, damage, liability, costs, or expense arising from or in connection with the link.

Information Submitted to Comindware

Comindware does not claim ownership of the information you may place on the Site and shall have no obligation of any kind with respect to such information. Unless otherwise stated herein, or in Comindware's Privacy Policy, any information you provide in connection with this Site shall be deemed to be provided on a non-confidential basis.

While Comindware does not routinely monitor information, we reserve the right to monitor, restrict access to, edit, or remove any information that is available via the Site.

Notice and Take Down Procedures

If you believe any content present on this Site infringes your copyright, you may request such content to be removed from this Site by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Comindware (details below) and provide the following information:

Software Use

The software and software documentation available for download from this Site are copyrighted works of Comindware. The use of the software is governed by the terms and conditions of the end user license agreement, which accompanies the software. You may not use, download, or install the software unless you have agreed to the terms and conditions of the end user license agreement. The current Comindware end user license agreement may be found here.

Disclaimers and Indemnity

By using the Site and/or posting Materials, you agree to indemnify Comindware, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user I.D. and/or password). You agree to cooperate as fully as reasonably required in the defense of any claim. Comindware reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. COMINDWARE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMINDWARE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE.

COMINDWARE MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise and services available through this site.

Limitation of Liability

NEITHER COMINDWARE, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF COMINDWARE (OR ANY THIRD PARTY POSTING INFORMATION ON THIS SITE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMINDWARE'S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

Termination

Comindware may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by Comindware, your sole remedy is to terminate this Agreement.

Governing law and Jurisdiction

Comindware operates the Site from its offices within the United States. Comindware makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.

This Agreement will be governed by and construed in accordance with the laws of the State of California, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna on April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts of the State of California; provided, however, that notwithstanding anything contained in this Agreement to the contrary, Comindware shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Comindware's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and Comindware concerning your use of the Site, and the Agreement will not be modified, except in writing, signed by both parties.

Certain Comindware products, including software, documentation, services, and data available on this Site may be subject to export controls administered by the United States. You must comply with all United States export laws and regulations, and you shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; or (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval. The Software is further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation or any other law or regulation of an applicable jurisdiction.

Comments, Complaints and Questions

We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions, or other communications sent to the Site shall be and remain the exclusive property of Comindware, and we may use all such communications in any manner, including reproducing, disclosing, and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of this Agreement, please contact us.