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Castle Software Ltd
PO Box 100 678
North Shore Mail Centre
Auckland
New Zealand

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Terms and Conditions

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.


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 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 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.

 

 

 

 Copyright © 1997 - 2017
 Castle Software Limited