Dundas Data Visualization Terms of Use

General

This web site, including any portion of this web site accessible through the homepage (collectively, the "Website") is published and maintained by Dundas Data Visualization, Inc. ("Dundas"). This document is a legal contract and by accessing, browsing or using the Website, you agree to be bound to the terms of use set forth below ("Terms of Use").

Dundas reserves the right to modify, change or otherwise edit these Terms of Use at any time by updating this posting. It is recommended that you review the then current Terms of Use each time that you access this Website as the Terms of Use may have been modified since your last access. The most recent date on which the Terms of Use were updated will be indicated below.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR TO ANY MODIFICATION THEREOF, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE.

USE OF THE WEBSITE

This Website is only for your personal use. As long as you comply with these Terms of Use, Dundas grants to you a non-exclusive, non-transferable, non-sublicensable, limited right to enter, display and use the Website.

You agree that your use of the Website will comply with any and all applicable laws. In addition, you agree not to take any steps in connection with your use of the Website that could adversely affect Dundas.

Dundas may take any action that it deems appropriate if you engage in any practices which adversely affect Dundas or otherwise violate these Terms of Use. Such action may include termination of your license to access the Website or initiation of civil or criminal legal proceedings. Under these circumstances, Dundas may also investigate your use of the Website and provide information about your use to law enforcement. Dundas does not guarantee that the Website will continuously be operational and/or accessible.

SUBSITES

You may be required to agree to supplemental terms of use in order to access certain portions of the Website, which are known as "subsites". If you attempt to access a subsite that requires you to enter into a supplemental agreement, Dundas will advise you and provide you with an opportunity to review the supplemental terms and agree to them before accessing the subsite or using such subsite's services. Both these Terms of Use and the supplemental terms will govern your use of the subsite. In the event of any inconsistency between these Terms of Use and the supplemental terms, the supplemental terms of use will control, except that nothing in the supplemental terms of use may limit (a) Dundas’ disclaimer of liability, (b) your agreement to indemnify Dundas, or (c) the licenses you grant to Dundas in your Communications (as the term is defined below) or other intellectual property.

OUR INTELLECTUAL PROPERTY RIGHTS

Copyright:

All materials on the Website, including but not limited to sample dashboards, support articles, images, software, audio, text, data compilations, digital downloads and video clips (collectively, the "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 or by its third-party licensors. You may view and download the Content for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may 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.

Trademarks:

The trademarks, logos, service marks, trade names, software names and slogans displayed on the Website are registered and unregistered marks of Dundas or third parties (collectively, the "Trademarks"). Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the prior written permission of Dundas or such third party that may own other trademarks displayed on the Website. The absence of a product or service name or logo anywhere in the text of this Website does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.

NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that your copyright work has been reproduced on or linked to the Website without authorization in a way that constitutes copyright infringement, please provide Dundas’ legal department with the following information:

  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the allegedly infringing material on the Website that is requested to be removed;
  • Your name, address and daytime telephone number, and an e-mail address if available, so that Dundas may contact you if necessary;
  • A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
  • An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Notice of claims of infringement on the Website can be sent via mail or e-mail:

Legal Department
Att: General Counsel
500 – 250 Ferrand Drive
Toronto, ON, Canada
M3C 3G8
Email: privacy@dundas.com

Upon receipt of such a notice of claimed infringement, where Dundas in its sole discretion feels such action is warranted, Dundas will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of Canada, and will terminate the Website privileges of those who repeatedly infringe on the copyright of others.

USERNAMES AND PASSWORDS

Certain areas of this Website may offer the opportunity to create an account. You will be asked to create a username and password in connection with such an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Dundas of any unauthorized use of your password or account or any other breach of security that you become aware of. Dundas cannot and will not be liable for any loss or damage arising from your failure to comply with this section if such loss or damage could not have been prevented by reasonable precautions on our part.

If Dundas requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be entirely truthful and accurate. If the information that you provide to Dundas changes, you agree to promptly provide Dundas with updated information.

USE OF SOFTWARE

Any software that is available on this Website ("Software") is the copyrighted work of Dundas or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license.

COMMUNICATIONS AND SUBMISSIONS

User Communications:

Other than Personal Information, which is defined and covered in the Dundas Website Privacy Policy, any material, information or other communication you may post to this Website ("Communications") will be considered non-confidential and non-proprietary. Dundas will have no obligations with respect to the Communications.

By posting, uploading, adding, communicating, storing, or otherwise transmitting Communications on, to, or through the Website, you understand and agree that you are giving Dundas a royalty free, irrevocable, perpetual, non-exclusive and fully sublicensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the Communications and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed. However, you agree that Dundas has no obligation to use any idea or material contained in a Communication and you have no right to compel such use.

Although you are solely responsible for the content you provide, Dundas may, but is not required to, monitor Communications. If Dundas becomes aware of Communications that violate these Terms of Use or that it believes to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, Dundas may, in its sole discretion (a) delete such material (b) restrict access to or the availability of such material, or (c) take other action as described elsewhere in these Terms of Use or as it otherwise sees fit.

Internet transmissions are never completely private or secure. You understand that any Communications that you send to this Website may be read or intercepted by others. By sending Communications to Dundas, you release Dundas of any duty or obligation it might otherwise have to review or act in response to the Communication, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your Communication.

Unsolicited Ideas:

Dundas has been actively engaged in research and development in software and related areas for many years. In order to protect the interests of Dundas in the ideas and information which have been conceived or developed internally, and to avoid possible future misunderstandings with you or others, Dundas does not solicit ideas, inventions, and the like from persons or entities outside Dundas. Dundas maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Unsolicited Ideas") and therefore you should not submit any Unsolicited Idea to Dundas in any Communications through this Website or otherwise. Dundas does not wish to receive Unsolicited Ideas from you and has expressly advised you not to submit them. If you nonetheless intend to submit an Unsolicited Idea, Dundas strongly recommends that you first consult a lawyer in order to evaluate the effect that submitting such an Unsolicited Idea would have on any rights that you might otherwise have.

Nonetheless, if you do send Dundas an Unsolicited Idea that is not already protected by a patent or is not public information, it immediately becomes the property of Dundas. By submitting an Unsolicited Idea to Dundas, you agree to convey your ownership interest in the Unsolicited Idea to Dundas and that Dundas will exclusively own all rights, title and interest therein. Furthermore, Dundas will be free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any Unsolicited Idea for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.

SOFTWARE AND SERVICES

The software and services displayed on this Website may not be available for purchase in your particular country or locality. The reference to such software and services in the Website does not imply or warrant that the software or services will be available at any time in your particular location.

DISCLAIMER

DUNDAS ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. ADDITIONALLY, DUNDAS IS NOT RESPONSIBLE IF SUCH DAMAGE, LOSS OR CORRUPTION IS CAUSED BY ACTS OF NATURE, OR FORCES OR CAUSES BEYOND OUR REASONABLE CONTROL. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL DUNDAS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.

INDEMNIFICATION

You agree 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 your use of the Website or any claim in connection with or resulting from any breach by you of these Terms of Use if such liability, costs or claim could not have been prevented by reasonable precautions on our part or was caused by acts of nature, or forces or causes beyond our reasonable control. You agree to cooperate fully in Dundas’ defense of any such claim. You agree that you will not in any event settle any matter involving Dundas, whether or not the settlement binds or is on behalf of Dundas, without the written consent of Dundas.

TERMINATION

Dundas may terminate these Terms of Use and/or suspend or terminate your access to the Website for any reason at any time. If you wish to discontinue your access to the Website and cancel any account that you have been issued, please refer to the supplemental terms of that particular subsite or service.

Otherwise applicable sections of the Terms of Use shall survive any termination of your account or this agreement. In particular, because the licenses you grant to us in your Communications are perpetual, these licenses survive any termination of this agreement.

APPLICABLE LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any conflicts of laws or rules that would require the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. The Parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for any legal suit, action or proceeding in equity arising out of these Terms of Use or the performance of the obligations hereunder.

ENTIRE AGREEMENT

These Terms of Use and Dundas Website Privacy Policy, set forth the entire understanding and agreement between you and Dundas with respect to the Website. You acknowledge that any other agreements between you and Dundas with respect to the Website are superseded and of no force or effect. If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms of Use and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms of Use will not affect the validity and enforceability of any remaining provisions. No amendment of these Terms of Use, unless made by Dundas, shall be binding on Dundas unless the express prior written consent of Dundas is obtained.

BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

® Dundas Data Visualization, Inc., 2016. All rights reserved. Reproduction in whole or in part without permission is prohibited.

Last revised Tuesday, February 16, 2016