TERMS OF USE
Introduction
Welcome to SETECS, Inc. (the “Site”). Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to SETECS, Inc. and its affiliates and subsidiaries (individually and collectively, “SETECS”).
By using the Site, purchasing software or other products,
you signify your irrevocable acceptance of these Terms of
Use. You also agree to ensure that anyone who uses this software
on your computer also abides by the Terms of Use. SETECS has
the right to revise the Terms of Use at any time without providing
notice to its users. Your continued use of the Site shall
be deemed irrevocable acceptance of those revisions.
We reserve the right to change, modify, suspend or discontinue
any portion of the Site at any time. We may also impose limits
on certain features or restrict your access to parts or the
entire Site without notice or liability.
Privacy
Your privacy is very important to us at SETECS. To better
protect your rights we have provided the SETECS Privacy Policy
to explain our privacy practices in detail. To read the SETECS
Privacy Policy, please click here www.setecs.com/privacypolicy
Use of Materials
All materials published by SETECS on this Site (including,
but not limited to SETECS Software, text, images, illustrations,
video and audio clips, etc., known collectively as the “Content”)
are owned or controlled by SETECS, its subsidiaries or affiliated
companies or a third-party provider, and are protected by
copyright and are sometimes referred to as “Materials”.
You agree that you will not record the images or animations
contained in this Site by any means for the purposes of distribution
or display. The Materials may not be copied, reproduced, uploaded
or transmitted in any way unless specifically authorized by
SETECS, except that you may download one (1) copy of the Materials
on a single computer for non-commercial, personal use only,
provided that you keep all copyright, trademark and other
intellectual property notices intact. Making modifications
to the Materials or creating derivative works based on the
Materials is prohibited, as is using the Materials on any
networked computer environment or other website.
Use of SETECS Software
SETECS software, sometimes referred to as (the “Software”)
and accompanying documentation that are made available by
download from this Site or on CD-ROM format are the copyrighted
work of SETECS. Use of the Software is governed by the terms
of the end user license agreement that accompanies or is included
with such Software and is also referenced on this website.
You will not be able to download or install any software that
is accompanied by or includes an end user license agreement
unless you agree to the terms of such end user license agreement.
If you do not agree to such terms, you will not be able to
use the Software. You may not decompile, reverse engineer
or otherwise attempt to discover the source code of the Software
available on the Site.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement
between you and SETECS, the materials in or purchased through
this site are provided “as is” and without warranties
of any kind either express or implied. To the fullest extent
permissible pursuant to applicable law, SETECS disclaims all
warranties, express or implied, including, but not limited
to, implied warranties of merchantability or fitness for a
particular purpose, or the warranty of non-infringement. Without
limiting the foregoing, SETECS does not warrant that the functions
contained in the service will be uninterrupted or error-free,
that defects will be corrected, or that this service or the
server that makes it available are free of viruses or other
harmful components. SETECS does not warrant or make any representations
regarding the use or the results of the use of the materials
in this service in terms of their correctness, accuracy, reliability,
or otherwise. You (and not SETECS) assume the entire cost
of all necessary servicing, repair, or correction. Applicable
law may not allow the exclusion of implied warranties, so
the above exclusion may not apply to you. Without limitation
of the foregoing, you acknowledge that as a service to users
of the SETECS service, we include links to other web sites
on the world wide web portion of the internet and that SETECS
has no control over, and makes no representations of any kind
whatsoever, regarding the content or appropriateness of content
on such web sites and you hereby irrevocably waive any claim
against us with respect to such web sites.
Under no circumstances, including, but not limited to, negligence,
shall SETECS be liable for any special or consequential damages
that result from the use of, or the inability to use, the
materials, the site, or any other web site, even if SETECS
or a SETECS authorized representative has been advised of
the possibility of such damages. Applicable law may not allow
the limitation or exclusion of liability for incidental or
consequential damages, so the above limitation or exclusion
may not apply to you. No advice or information, whether written
or oral, obtained by you from SETECS or from or through the
site shall create any warranty not expressly stated in the
terms of use. In no event shall SETECS’s total liability
to you for all damages, losses, and causes of action (whether
in contract, tort (including, but not limited to, negligence)
or otherwise) exceed the amount paid by you, if any, for purchasing
any materials or products.
Term of Use
The license for use of the Site and the Materials is effective
until terminated. You may terminate it at any time by destroying
the Materials together with all copies thereof. This license
will terminate upon conditions set forth elsewhere within
this Terms of Use or if you fail to comply with any term or
condition of this Terms of Use. In such event, no notice shall
be required by SETECS to effect such termination. Upon termination
of this Terms of Use, you agree to destroy the Materials together
with all backup copies, modifications, printed or written
materials, and merged portions in any form, or return same
to SETECS at your expense.
WEB SITE
Links
SETECS may provide links to other sites that we feel are relevant
and interesting to our users (“Link Sites”). SETECS
is not responsible for the content on the Link Sites and is
not responsible for the accuracy of the information and intellectual
property notices therein. Some of these Link Sites may provide
you with opportunities to purchase products (“Products”).
We do not endorse any of the Products nor do we make any representations
or warranties in connection with the Products.
Online Behavior
Please exercise respect when participating in any of SETECS’s
community features such as Forums, Bulletin Boards, Chat Rooms,
Email functions, etc. (“User Materials”). You
may not submit or publish through SETECS any User Materials
that are libelous, defamatory, pornographic, an invasion of
privacy, obscene, abusive, illegal, racist, offensive, an
infringement on any intellectual property rights of a third
party or would otherwise violate the rights of any third party.
Furthermore, you may not submit or publish User Materials
through SETECS that solicit funds or services, contain advertising
or include programs that contain viruses or any other programs
designed to impair the functionality of any computer.
Please remember that we do not monitor the contents of these
community features and cannot be held responsible for the
User Materials. Therefore, we apologize in advance for any
offensive or otherwise displeasing User Materials.
Notwithstanding any rights or obligations governed by the
Additional Terms, if, at any time you upload or post User
Materials, including but not limited to comments, suggestions,
problem reports, bug reports and design ideas to the Site
you automatically grant SETECS a non-exclusive, royalty-free,
perpetual license of all rights throughout the universe to
use, edit, modify, include, incorporate, adapt, record and
reproduce the User Materials including, without limitation,
all trademarks associated therewith, in any manner whatsoever,
in or out-of-context, in all languages, in all media now known
and hereafter devised, and to use the User Materials in advertising,
promotion and publicity for the Site, SETECS and its or their
products and services, in any and all media now known or hereafter
devised. In addition, you represent and warrant that you are
entitled to enter into these Terms of Use and that you waive
any so-called “moral rights” in and to the User
Materials.
Submissions
Certain parts of the Site may ask for written suggestions
or problem reports such as using our contact form or problem
report form (“Submissions”). In such a case, please
read carefully the specific terms, which govern those Submissions
(“Additional Terms”). In the absence of Additional
Terms, the SETECS Terms of Use shall govern your legal rights
with respect to those Submissions.
The Submissions shall be deemed the property of SETECS. SETECS
shall exclusively own all now known or hereafter existing
rights to the Submissions throughout the universe in perpetuity
and shall be entitled to use the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation
to the provider of the Submissions. In any event, any Submissions
you send to SETECS will not be treated as confidential and
SETECS shall not be liable for any disclosure of the Submissions.
Accounts and Security
SETECS does not warrant that the functions contained in the
service provided by the Site will be uninterrupted or error-free,
that defects will be corrected or that this service or the
server that makes it available will be free of viruses or
other harmful components.
As part of the registration process, each Patron will select
a password (“Password”) and User Name (“User
Name”). You shall provide SETECS with accurate, complete,
and updated Account information. Failure to do so shall constitute
a breach of this Terms of Use, which may result in immediate
termination of your Account. You may not (i) select or use
a User Name of another person with the intent to impersonate
that person; (ii) use a name subject to the rights of any
other person without authorization; or (iii) use a User Name
that SETECS, in its sole discretion, deems inappropriate or
offensive.
You shall notify SETECS of any known or suspected unauthorized
use(s) of your Account, or any known or suspected breach of
security, including loss, theft, or unauthorized disclosure
of your password. You shall be responsible for maintaining
the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may
be grounds for termination of your Account, at SETECS’s
sole discretion, and you may be reported to appropriate law-enforcement
agencies.
Notification of Copyright Infringement
SETECS will investigate notices of copyright infringement
and take appropriate actions. If you believe that your work
has been used or copied in a way that constitutes copyright
infringement and such infringement is occurring on this Site
or on sites linked to from this Site, please notify SETECS.
Pursuant to Title 17, United States Code, Section 512(c)(3),
a notification of claimed infringement must be a written communication
addressed to the designated agent as set forth below, and
must include substantially all of the following:
- a physical or electronic signature of the person authorized
to act on behalf of the owner of the copyright interest
that is alleged to have been infringed;
- a description of the copyrighted work or works that you
claim have been infringed (“infringed work”)
and identification of what material in such work(s) is claimed
to be infringing (“infringing work”) and which
you request to be removed or access to which is to be disabled;
- a description of where the material that you claim is
infringing is located on the Site;
- information sufficient to permit SETECS to contact you,
such as your physical address, telephone number, and email
address;
- a statement by you that you have a good faith belief that
the use of the material identified in your Notice in the
manner complained of is not authorized by the copyright
owner, its agent, or the law;
- a statement by you that the information in your Notice
is accurate and, under penalty of perjury that you are the
copyright owner or authorized to act on the copyright owner’s
behalf.
For Notice of claims of copyright infringement, SETECS can
be reached by email: info@setecs.com
ADMINISTRATIVE INFORMATION
Jurisdictional Issues
This Site is controlled and operated by SETECS. SETECS makes
no representation that materials in the Site are appropriate
or available for use in your location. Those who choose to
access this Site from any location do so on their own initiative
and are responsible for compliance with local laws, if and
to the extent local laws are applicable.
Indemnity
You agree to indemnify and hold SETECS, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to
or arising out of content you submit, post to or transmit
through the Site, your use of the Site, your connection to
the Site, your violation of the Terms of Use, or your violation
of any rights of another person or entity.
Governing Law
By accessing this Site, you and SETECS agree that all matters
relating to your access to, or use of, this Site shall be
governed by and construed in accordance with the laws of the
United States of America, without giving effect to any principles
of conflicts of law.
Trademarks
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of SETECS or other third parties. You are not permitted to use the Marks without the prior written consent of SETECS or such third party, which may own the Marks. SETECS and the SETECS logo are trademarks of SETECS, Inc.
If you have any questions or concerns about this Terms of
Use or any issues raised in this Terms of Use or on the Site,
please contact us at: info@setecs.com
©2004 SETECS, Inc. All rights reserved.
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