12.1 Terms and conditions
12.1 Terms and Conditions
Contents:
Introduction
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
Parties
The parties to this Agreement are you, a visitor to this web site (“You”), and the owner and operator of this web site: AGER SOFTWARE SRL, a Romanian Limited Liability company (“AgerSoftware”). All references to “us”, “this web site” or “this site” shall be construed to mean AgerSoftware. If the user is not an individual, then “You” means Your company, its officers, members, agents, successors and assigns.
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, agersoftware website accessible on this page, here. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Copyrights
The copyright in all material provided on this site is owned by AgerSoftware or by AgerSoftware’s licensor(s). You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of AgerSoftware or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
AgerSoftware does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, 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 AgerSoftware or the copyright owner.
However, You may print a copy of the information on this site for Your personal, non-commercial internal use or records. In so doing, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions.
If You make any other use of this site, except as otherwise provided herein, You may violate copyright and other laws of Romania as well as applicable state laws and may be subject to penalties.
Cookies
We employ the use of cookies. By accessing agersoftware website, you agreed to use cookies in agreement with the agersoftware srl's Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
Registration Data And Privacy
Registration may be required for you to download from this site, or for your participation in certain services offered at this site. You may need to provide certain current, complete, and accurate information about You as prompted to do so by the registration form (“Registration Data”), and maintain and update such registration information as required to keep such information current, complete and accurate.
You warrant that your Registration Data is accurate and current, and that You are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, AgerSoftware retains the right, in its sole discretion, to suspend or terminate rights to use the services.
Registration Data and certain other information about You is subject to our Privacy Policy which may be accessed from the agersoftware.com estore page here. Solely to enable AgerSoftware to use such information You supply us internally and in good faith, so that we are not violating any rights You might have in that information, You grant to AgerSoftware a nonexclusive license to
o(i) convert such information into digital format such that it can be read, utilized and displayed by AgerSoftware’s computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and
o(ii) combine the information with other content provided by AgerSoftware, in each case by any method or means or in any medium whether now known or hereafter devised.
Registration By Children Under The Age of 18 Is Not Permitted.
REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 18.
IF A USER UNDER THE AGE OF 18 ATTEMPTS TO REGISTER WITH agersoftware.com, WE SHALL NOTIFY THE USER THAT HE OR SHE IS NOT ELIGIBLE, AND WE SHALL NOT COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH CHILD.
License
Unless otherwise stated, agersoftware srl and/or its licensors own the intellectual property rights for all material on agersoftware website. All intellectual property rights are reserved. You may access this from agersoftware website for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
oRepublish material from agersoftware website
oSell, rent or sub-license material from agersoftware website
oReproduce, duplicate or copy material from agersoftware website
oRedistribute content from agersoftware website
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. agersoftware srl does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of agersoftware srl,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, agersoftware srl shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
agersoftware srl reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
oYou are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
oThe Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
oThe Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
oThe Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant agersoftware srl a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
oGovernment agencies;
oSearch engines;
oNews organizations;
oOnline directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
oSystem wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
ocommonly-known consumer and/or business information sources;
odot.com community sites;
oassociations or other groups representing charities;
oonline directory distributors;
ointernet portals;
oaccounting, law and consulting firms; and
oeducational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of agersoftware srl; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to agersoftware srl. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
oBy use of our corporate name; or
oBy use of the uniform resource locator being linked to; or
oBy use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of agersoftware srl's logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Your Privacy
Please read Privacy Policy located within this document
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
olimit or exclude our or your liability for death or personal injury;
olimit or exclude our or your liability for fraud or fraudulent misrepresentation;
olimit any of our or your liabilities in any way that is not permitted under applicable law; or
oexclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Intellectual Property Rights
Other than the content you own, under these Terms, agersoftware srl and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
Trademarks
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this site are registered and unregistered Trademarks of AgerSoftware and others.
Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. AgerSoftware aggressively enforces its intellectual property rights to the fullest extent of the law.
The Trademark(s) AgerSoftware, SecureUPDATE, SecureDELTA, SecurePATCH, SecureENCODE, SecureENCODING, SecureDECODE, SecureDECODING may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission.
Out strategic partner Trademark(s) NetLUP, NetLUP Xtreme Technologies, XtremeZIP, XtremeDELTA, XtremeUI may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission.
AgerSoftware prohibits use of any of the forgoing names or marks as a metatag or as a “hot” link to any AgerSoftware site unless establishment of such a link is approved in advance by AgerSoftware in writing. If You have any questions regarding any trademarks on the site, please contact AgerSoftware.
Restrictions
You are specifically restricted from all of the following:
opublishing any Website material in any other media;
oselling, sublicensing and/or otherwise commercializing any Website material;
opublicly performing and/or showing any Website material;
ousing this Website in any way that is or may be damaging to this Website;
ousing this Website in any way that impacts user access to this Website;
ousing this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
oengaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
ousing this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and agersoftware srl may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
Your Content
In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant agersoftware srl a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. agersoftware srl reserves the right to remove any of Your Content from this Website at any time without notice.
Your Privacy
Please read Privacy Policy.
No warranties. Limitation of liability
This Website is provided "as is," with all faults, and agersoftware srl express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
In no event shall agersoftware srl, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. agersoftware srl, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification. Severability.
You hereby indemnify to the fullest extent agersoftware srl from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms. Assignment
The agersoftware srl is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
agersoftware srl is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Entire Agreement
These Terms constitute the entire agreement between agersoftware srl and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of Romania, a European Union member, and you submit to the non-exclusive jurisdiction of other state and federal courts for the resolution of any disputes.