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Terms of UseWelcome! expressor software corporation (“expressor software” and references to “we”, “us”, or “our” herein) provides access to a variety of online resources, materials and downloads including Software, technical, educational and business information (collectively, “Service(s)”). The Services also include use of our website at http://www.expressor-software.com and other related websites and services owned and/or operated by expressor software. The Services, including updates and enhancements thereto, are subject to these Terms of Use. Acceptance of termsPlease review the following terms and conditions concerning the use of our website(s) and the Services offered therein. By registering, accessing, using or downloading Software, resources, materials or Services from our website(s) (“Website information”) you agree to follow and be bound by these Terms of Use. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE SERVICES OR WEBSITES. Use of Software and related Website informationAny Software and related Website information made available for you to view, access and download is subject to the terms and conditions of the applicable software license agreement and further subject to the following: (i) the Software and related Website information is the copyrighted work of expressor software and (ii) the Software and related Website information may be used solely for personal, informational and non-commercial purposes; and (iii) the Software and related Website information may not be modified or altered in any way. Except as expressly provided in the applicable software license agreement or as expressly provided herein, you may not use, download, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Software and related Website information in whole or in part without the prior written permission of expressor software. Additionally, you may not use, download, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute the Software and related Website information in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations. Any use, reproduction or redistribution of the Software and related Website information not in accordance with such terms and conditions in the applicable software license agreement or as provided herein is prohibited. Website information and related Services may originate from sources internal or external to expressor software. expressor software does not control, test, verify or authenticate Website information and related Services and all Website information and related Services are provided “AS-IS”. expressor software assumes no responsibility for among other things, availability, timeliness, deletion, failure to store any user data or communications or personal account settings, or changes thereto. Use of or reliance on such Website information and related Services is at your own risk. Downloads from expressor software websites may contain third party software or components. All Software downloads are governed by the terms and conditions of the Software license agreement between expressor software and the user. Except as otherwise provided in the Software license agreement, expressor software makes no claims, representations or warranties whether express or implied, oral or written, statutory or otherwise, with respect to the Software. expressor software disclaims all liability concerning the download of software from the websites, including, but not limited to damage to the user's hardware, software, network or systems, loss of data, application failure, backup errors or problems related to connectivity, security, compatibility, functionality or efficiency. Policy on Privacyexpressor software collects certain information about you, including personal data, user account and password information when you register on our website to use our Software and Services. Please see our full privacy policy at http://www.expressor-software.com/privacy-policy.htm for more information and disclosures relating to the collection and use of such data. By using our Website and related Services you are consenting to our Privacy Policy and the collection and use of such data as set forth in the Privacy Policy. Registration obligations and security of account informationAs part of the registration process for the Services, you will receive an account designation and receive a password. You are entirely responsible for maintaining the confidentiality of the account and password information and for updating such information to ensure it is true, accurate, current and complete. You are also responsible for any activities that occur under your account. At our sole discretion, we may suspend or terminate the accounts or access rights of users who may have provided false, inaccurate, not current or incomplete information. You agree to immediately notify expressor software of any unauthorized use of your account or password or any other breach of security. expressor software will not be liable for any loss or damage arising from your failure to properly safeguard your account or password. Contributions to the ServiceThe Services may contain forums, bulletin boards, news groups, user groups, e-mail services and other forums designed to enable you to communicate with expressor software and others. You understand that all feedback, comments, information, data, text, software, video, music, sound, photographs, graphics, messages, tags or other materials (“Content”), whether publically posted or privately submitted to expressor software through or in association with the Services and our Website, are the sole responsibility of the person from whom such Content originated. expressor software may, but is not obligated to, monitor or review such Content communicated as part of the Services. expressor software does not control the Content posted by you or any other third parties via the Service and will have no liability related to the Content or any such communication Services, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. expressor software will remove any Content posted to this site that expressor believes, in its sole discretion, violates community standards and the account of the poster may, at expressor’s discretion be suspended or revoked. expressor software reserves the right to edit any Content for the purpose of clarity and length. Violation of community standards will include, but is not limited to the following activities. When using the Websites and the Services you agree you will not: a.) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b.) upload, post, email, transmit or otherwise make available any Content that you do not solely have the right to make available under applicable law or under contractual or fiduciary relationships (such as proprietary and confidential information disclosed in violation of an employment arrangement or under nondisclosure agreements); c.) upload, post, email, transmit or otherwise make available any Content, or modify or combine such Content, in any manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; d.) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation, unless specifically authorized by expressor software for such purpose; e.) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other equipment; f.) interfere with, disrupt, disobey any requirements, procedures, policies or regulations of the Service or servers or networks connected to the Service; g.) intentionally or unintentionally violate any applicable local, state, national or international law; and h.) impersonate any person or entity, misrepresent your affiliation with a person or entity, collect or store personal data about other users or "stalk" or otherwise harass another. When you post, upload, input or submit Content, ideas, suggestions, feedback, documents, and/or other materials to expressor software through the Services or Websites or otherwise (“Submissions”), you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information and expressor software is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (b) expressor software shall be entitled to use, disclose or not disclose such Submissions for any purpose, on an unrestricted basis worldwide; (c) all intellectual property rights and all other ownership in any ideas, modifications, enhancements, improvements, inventions, works of authorship or any other suggestions relating to the Software or the Submissions are hereby assigned to expressor, without charge, and shall be the sole and exclusive property of expressor. Confidentiality and proprietary rightsexpressor’s Software and any related Website information and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Software and any related Website information contained or presented to you through the Service is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, the title to which remains with expressor software and its suppliers. Except as expressly permitted by applicable law or authorized by expressor software, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the expressor Software or other software or materials, in whole or in part.Links to third party sitesThis Website contains links to third-party Websites. These linked sites are not under the control of expressor software, and expressor software is not responsible for the contents of any linked site or any link contained in a linked site. expressor software is providing these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by expressor software. Warranties and disclaimersALL WEBSITE INFORMATION OR TOOLS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND EXPRESSOR SOFTWARE SPECIFICALLY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED (IN FACT OR IN LAW), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, APPLICABILITY, OR COMPLETENESS. ADDITIONALLY, IN NO EVENT WILL EXPRESSOR SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. EXPRESSOR SOFTWARE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THIS WEBSITE OR THE PRODUCTS OR PROGRAMS DESCRIBED IN THIS WEBSITE AT ANY TIME WITHOUT NOTICE. Governing law and jurisdictionThis Website is controlled by expressor software from its offices in Burlington, Massachusetts, United States of America. All matters relating to your access to, or use of, this Website shall be governed by U.S. federal law or the laws of the State of Massachusetts. Any legal action or proceeding relating to your access to, or use of, this Website shall be instituted in a state or federal court in Boston, Massachusetts. You and expressor software agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Government usersUse duplication or disclosure of the Website information by the U.S. Government is subject to the restrictions set forth herein as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Trademark informationexpressor is a registered trademark of expressor software corporation, and other expressor software product names, service names, slogans, or logos referenced in this Website are trademarks or registered trademarks of expressor software corporation. All other company, product or service names referenced in this Website are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. The Website information is copyright © 2008-2011 expressor software corporation. All rights reserved. Changes to the Terms of UseThese Terms of Use may be amended at any time, so please check back periodically to ensure that you are aware of such changes. If you have any questions about any change, please contact us. Your continued use of the expressor software Services and Websites will signify your acceptance of such changes in terms and conditions. Terms of Use last updated: November 27, 2011 |
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