Support Site Terms and Conditions
These Support Site Terms and Conditions (“Terms and Conditions”) are entered into by and between DUNDAS DATA VISUALIZATION, INC., an Ontario corporation with its head office at 250 Ferrand Drive, Suite 500, Toronto, Ontario, Canada ("Dundas") and the entity (“User”) that is using and/or has registered a support account with Dundas, which enables User to access various Dundas’ resources (located at http://www.dundas.com/support) (“Support Site”).
Each of the following acts by User shall constitute User’s acceptance of the Terms and Conditions and User’s agreement to be bound thereby:
(a) any use of the Support Site; and/or
(b) clicking to signify acceptance of these Terms and Conditions via Dundas’ online acceptance screen.
These Terms and Conditions begin as of the User’s acceptance of the terms and conditions hereof.
IF USER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, USER MAY NOT USE THE SUPPORT SITE.
1. Right to Use Support Site. Subject to these Terms and Conditions, Dundas grants to User a non-exclusive, non-transferable, limited right to enter and use the Support Site.
2. Covenants; Indemnity. User agrees that it shall comply with all applicable laws when using the Support Site. In addition, User agrees not to take any steps in connection with the use of the Support Site that could adversely affect Dundas, including engaging in or attempting to engage in the following conduct: (a) interrupting the operation of the Support Site in any manner whatsoever; (b) removing any copyright, trademark or other proprietary rights notices contained in the Support Site or violating any copyright, trademark or other proprietary or intellectual property rights of others; (c) deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Support Site; (d) “framing" or "mirroring" any part of the Support Site; or (e) taking any other action that could cause damage to Dundas or other third parties.
3. Action by Dundas. Dundas may take any action that it deems appropriate if User engages in any practices contrary to these Terms and Conditions. Such action may include, without limitation, immediate termination of User’s license to access the Support Site. Dundas reserves the right, acting in its sole and unfettered discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Support Site and related materials without notice to User.
4. Copyright and Trademarks. All materials on the Support Site, including but not limited to images, software, audio, text, digital downloads and video clips (collectively, “Content”) are protected by copyright under U.S. and Canadian copyright laws, international conventions and other copyright laws. All Content is owned or licensed by Dundas. User may view and download the Content for non-commercial use, provided that User retains all copyright and other proprietary notices contained in the Content or on any copies of the Content. User shall not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any reproduction of the Content on any other web site or networked computer environment for any purpose is prohibited. The trademarks, logos, service marks, trade names, product names and slogans displayed on the Support Site are registered and unregistered marks of Dundas (collectively, the "Trademarks"). Nothing contained on this Support Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Support Site without the prior written permission of Dundas or such third party that may own other trademarks displayed on the Support Site.
5. Confidentiality of Passwords and Information. User is responsible for maintaining the confidentiality of its password and account and is fully responsible for all activities that occur under same. User agrees to immediately notify Dundas of any unauthorized use of a password and/or account. In the event that Dundas requests that User provide information in connection with the creation of an account, User agrees that the information to be provided shall be entirely truthful and accurate. If the information that is provide to Dundas changes, User shall promptly provide Dundas with updated information.
6. DISCLAIMER OF WARRANTY. USER ACKNOWLEDGES THAT THE SUPPORT SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND DUNDAS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY FORM OF WARRANTY THAT OPERATION OF THE SUPPORT SITE WILL BE UNINTERRUPTED AND/OR ERROR-FREE.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL DUNDAS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR DATA OR THE COST OF SUBSTITUTE GOODS, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL AND INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR USER’S USE OF, OR THE RESULTS OBTAINED FROM, THE SUPPORT SITE OR ANY OTHER MATERIAL PROVIDED BY DUNDAS TO USER UNDER THESE TERMS AND CONDITIONS.
8. UNSOLICITED IDEAS. NEITHER DUNDAS NOR ANY OF ITS EMPLOYEES OR RESELLERS ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN DUNDAS' PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO DUNDAS OR ITS RESELLERS. IF, DESPITE THIS REQUEST THAT USER NOT SEND DUNDAS ANY SUCH IDEAS AND MATERIALS, USER STILL SENDS THEM, PLEASE UNDERSTAND THAT DUNDAS MAKES NO ASSURANCES THAT USER’S IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. RATHER, USER HEREBY GRANTS TO DUNDAS A WORLDWIDE, NON-TERMINABLE, ROYALTY FREE RIGHT AND LICENSE TO USE AND EXPLOIT SUCH IDEAS AND MATERIALS AS STATED HEREIN IN PERPETUITY.
9. Indemnification. User agrees to indemnify and hold Dundas and all of its agents, directors, employees, information providers, licensors and licensees, officers and affiliates, (collectively "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation lawyer's fees and costs), incurred by the Indemnified Parties in connection with User’s use of the Support Site or any claim in connection with or resulting from any breach of these Terms and Conditions.
11. Policies, etc. Certain services provided by Dundas may be governed by other policies and terms and conditions relating to same. User agrees to abide by such other policies and terms and conditions, as applicable.
12. Legal Compliance. User represents and warrants that it is not, and is not related to, an individual, company or other entity that is identified on any designated person list or other similar list of sanctioned or restricted parties established under Canadian Export Controls and Economic Sanctions Laws or any similar list of sanctioned or restricted parties maintained by any other country ("Listed Party"). User further represents and warrants that the Support Site and related materials will not be used by or for the benefit of any Listed Party. Any use of the Support Site contrary to Canadian Export Controls and Economic Sanctions Laws or the laws of any country in which they are being used is prohibited. User shall indemnify and hold harmless Dundas for any fines, penalties, damages, losses, liabilities claims, actions and expenses (including legal fees and reasonable disbursements) of whatsoever kind and nature which at any time may be suffered or incurred by, imposed on or asserted against Dundas in any way relating to or arising out of (i) User’s failure to comply with Canadian Export Controls and Economic Sanctions Laws, its obligations referred to above, or the laws of any country or (ii) an inaccurate warranty, representation, or certification under the clauses provided above or any incorrect information provided by User. For the purposes of the foregoing, "Canadian Export Controls and Economic Sanctions Laws" include the Export and Import Permits Act, the Special Economic Measures Act, the United Nations Act, the Freezing Assets of Corrupt Foreign Officials Act, the Customs Act, and the Criminal Code, and their regulations, and any other Canadian law controlling the import, export or transfer of goods or technology or restricting dealings involving certain persons or countries.
13. General. User shall comply with all applicable domestic and international laws and regulations that apply to the use of the Support Site. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and of Canada applicable thereto. Each party consents to the jurisdiction of the courts of the Province of Ontario as the exclusive jurisdiction for determination of all disputes and claims arising between the parties to these Terms and Conditions. These Terms and Conditions will not be governed by and the parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods and the provisions of any state Uniform Computer Information Transactions Act or similar federal, provincial or state laws or regulations. The parties have agreed that these Terms and Conditions be drafted in English. Les parties ont convenu à ce que ce Contrat soit rédigé en anglais. If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, then that provision shall be severed from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions. These Terms and Conditions are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between them. Dundas reserves the right to modify, change, alter or otherwise edit these Terms and Conditions at any time.