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Castle Software Ltd Terms and
Conditions
These Terms and Conditions set forth the
basis of the relationship between you ("The
Cient") and Castle Software Ltd
("Castle") in respect of the use of this web site or any other web site owned by Castle.
Terms and Conditions governing the relationship between you ("The
Cient") and Castle Software Ltd
("Castle") in respect of software or services provided to The Client by Castle are detailed in the Terms and Conditions agreement on the Services section of this web site.
Castle Software Web Site
Access to this Web site is provided to
you, "as is," by Castle. By using
the information, services and products
available through this Web site,
you are agreeing to the terms and conditions
contained herein. These terms and conditions
of use may be changed in the future without
further notice. Your continued use of this
Site after any such changes constitutes
your acceptance of the new terms. If
you do not agree to abide by these terms
and conditions do not use the site or download
materials from the site.
Copyright and Trademark Notices
All content of this web site is Copyright © 1997-2008
Castle Software Ltd All
rights reserved.
Copyright
All Web-site materials, including, without
limitation, the Castle Software Ltd logo,
design, text, graphics, other files, and the selection and arrangement thereof
are Copyright © 1997 - 2005 Castle Software Ltd. ALL RIGHTS RESERVED. Except
as stated herein, none of the material may be copied, reproduced, distributed,
republished,
downloaded,
displayed, posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording or otherwise,
without the prior written permission of Castle Software Ltd or the respective
copyright owner. Permission is granted to display, copy, distribute and download
the
materials on this Site for personal, noncommercial and informational use only;
provided that you may not, without the permission of Castle Software Ltd or
the respective copyright owner, (a) copy, publish or post any materials on
any computer network
or broadcast or publications media, (b) modify the materials or (c) remove
or alter any copyright or other proprietary notices contained in the materials.
All services provided by Castle to The
Client, and all tangible and intangible
results of those services remain the exclusive
intellectual property of Castle Software
Ltd. The retained ownership of exclusive
intellectual property rights shall cover
all services and products provided by Castle
including but not limited to software source
code, web site source code, software executables,
software configuration files, software
data structures, documentation, software
and systems specifications.
Trademarks
Castle Software Ltd, the Castle Software logo and the products and services
described in this Site, including without limitation Castle Software Ltd
are either trademarks
or registered trademarks of Castle Software Ltd, and may not be copied, imitated
or used, in whole or in part, without the prior written permission of Castle
Software Ltd. In addition, all page headers, custom graphics, button icons
and scripts are
service marks, trademarks and/or trade dress of Castle Software Ltd, and
may not be copied, imitated or used, in whole or in part, without the prior
written
permission of Castle Software Ltd. All other trademarks, registered trademarks,
product names and company names or logos mentioned herein are the property
of their
respective owners.
Licenses and Site Access
Castle Software Ltd grants you a limited license to make personal use only
of the Site. Such grant does not include, without limitation: (a) any resale
or commercial
use of the Site or content therein; (b) the collection and use of any product
listings or descriptions; (c) making derivative uses of the Site and its
contents; or (d) use of any data mining, robots or similar data gathering
and extraction
methods. Except as noted above, you are not conveyed any right or license
by implication, estoppel or otherwise in or under any patent, trademark,
copyright
or proprietary right of Castle Software Ltd or any third party.
Linking
You are granted a limited, nonexclusive right to create a hyperlink to Castle
Software Ltd provided such link does not portray Castle Software Ltd or any
of its products and
services in a false, misleading, derogatory or otherwise defamatory manner.
You may use a Castle Software Ltd logo or other proprietary graphic or trademark
of Castle Software Ltd to link to this Site.
Castle Software Ltd makes no claim or representation regarding, and accepts
no responsibility for, the quality, content, nature or reliability of sites
accessible by hyperlink
from this Castle Software Ltd, or sites linking to this Castle Software Ltd.
The linked sites are not under the control of Castle Software Ltd and Castle
Software Ltd is not responsible
for the content of any linked site or any link contained in a linked site,
or any review, changes or updates to such sites. Castle Software Ltd is providing
these links to you only as a convenience, and the inclusion of any link does
not imply affiliation, endorsement or adoption by Castle Software Ltd of
the site or any information contained therein. When leaving the Castle
Software Ltd site,
you should be aware that Castle Software Ltd's terms and policies no longer
govern, and therefore you should review the applicable terms and policies,
including
privacy and data-gathering practices, of that site.
Third Party Sites As a convenience to you, Castle Software Ltd
may provide, on this Site, links to Web
sites operated by other entities. If you
use these sites, you will leave this Site.
If you decide to visit any linked site,
you do so at your own risk and it is your
responsibility to take all protective measures
to guard against viruses or other destructive
elements. Castle Software Ltd makes no
warranty or representation regarding, and
does not endorse, any linked Web sites
or the information appearing thereon or
any of the products or services described
thereon. Links do not imply that Castle Software Ltd
or this Site sponsors, endorses, is affiliated
or associated with, or is legally authorized
to use any trademark, trade name, logo
or copyright symbol displayed in or accessible
through the links, or that any linked site
is authorized to use any trademark, trade
name, logo or copyright symbol of Castle Software Ltd
or any of its affiliates or subsidiaries.
Privacy Policy
Castle Software Ltd believes strongly in protecting user privacy. Users of this
Site should refer to our Privacy Policy for information
about how Castle Software Ltd uses and collects information.
Indemnification
You shall remain solely liable for the Content of any messages or other information
you upload or transmit to Castle Software Ltd, including any discussion forums
or interactive areas of this Site. You agree to indemnify and hold harmless
Castle Software Ltd
from any claim, action, demand, loss or damages (including attorneys' fees)
made or incurred by any third party arising out of or relating to your conduct,
your violation of these terms and conditions, or your violation of any rights
of a third party.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS
AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS
AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR
SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Castle Software
Ltd AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN
INFORMATION PROVIDED BY Castle Software Ltd OR ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS
OR THE LIKE SHALL
CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA
OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS
SITE, IS AT YOUR
SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT Castle Software Ltd DOES NOT CONTROL IN ANY RESPECT
ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH
THIS SITE. EXCEPT
AS OTHERWISE AGREED IN WRITING, Castle Software Ltd AND ITS AFFILIATES ASSUME
NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE
ACCURACY,
CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS
DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
Castle Software Ltd DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT
WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
Castle Software Ltd
DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION
PROVIDED BY Castle Software Ltd VIA EMAIL OR OTHER MEANS ARE ACCURATE,
COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE. NOR DOES Castle Software Ltd MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Castle Software Ltd OR
ITS CONTENT OR AS TO THE
ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
USE OF THE SITE.
Castle Software Ltd ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED
BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES
OF CONTENT
OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK
OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE
NEGLIGENCE OF Castle Software Ltd, ITS AFFILIATES, ITS LICENSORS OR A USER'S
OWN ERRORS AND/OR
OMISSIONS.
Castle Software Ltd DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY
OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL Castle
Software Ltd OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS
OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING
Castle Software Ltd OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE
OR INABILITY
TO USE Castle Software Ltd OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE,
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, OR
OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Castle Software
Ltd HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY
TO
YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED
BY LAW.
Changes and Termination
Castle Software Ltd reserves the right, at its sole discretion, to change,
modify, add or remove any portion of this Agreement in whole or in part, at
any time.
Changes in this Agreement will be effective when notice of such change is
posted. Your continued use of the products, services, web sites after any
changes to this Agreement are posted will be considered acceptance of those
changes.
Castle Software Ltd may terminate, change,
suspend or discontinue any aspect of the
Castle Software Web Site, including the
availability of any features of the Site,
at any time.
Castle Software Ltd may also impose limits
on certain features and services or restrict
your access to parts or all of the Site
without notice or liability. Castle Software
Ltd
may terminate the authorization, rights
and license given above and, upon such
termination, you shall immediately destroy
all Materials.
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