Last updated at 20:17 on 07.05.2005
TrustSoft, Inc. ("TrustSoft") makes information and products available on this website, subject to the following terms and conditions. BY ACCESSING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. If you do not agree to these terms and conditions, you may not access or otherwise use this site. TrustSoft reserves the right to change these terms and conditions, and the products, services, prices, and programs mentioned in this site at any time, at its sole discretion, without notice. TrustSoft reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.
- Use of Software
Use of Website
- The software and accompanying documentation available to download from this site are the work proprietary to TrustSoft.
- Use of the software is governed by the terms of the End User License Agreement ("EULA"), which accompanies such software. You will not be able to use, download, or install any software unless you agree to the terms of such EULA. If no EULA accompanies the download of an update to the software, the terms of the EULA or license that accompanied the original product being updated will govern.
- Any reproduction or redistribution of the software not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- If there is any inconsistency between the terms of an applicable EULA and these terms and conditions, the provisions of the EULA will prevail.
Warranties and Disclaimers; Liability Limitations; Indemnification
- TrustSoft provide you with world wide web access to this site, through which you may access information, data, text, software, sound, photographs, graphics, video, messages or other materials. You are responsible for obtaining your own initial access to the world wide web by providing a computer with an internet service connection, and by complying with all requirements of the owner of the computer equipment and internet service provider. Any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these terms and conditions.
- TrustSoft may monitor your use of this site, and may freely use and disclose any information and materials received from you or collected through your use of this site for any lawful reason or purpose. See our Privacy Statement disclosures relating to the collection and use of your personal information.
- TrustSoft may change, suspend or discontinue any aspect of this site at any time, including the availability of any feature, downloadable, software database, or content. TrustSoft may also impose limits on certain features and services or restrict your access to parts or all of this site without notice or liability.
- You may use information and materials on this site solely for informational, personal, non-commercial purposes. Any copy of the document or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original. The document may not be modified in any way. TrustSoft reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from TrustSoft.
- You may not use this site to do any of the following:
- download, post, email or otherwise transmit or intentionally receive any content that is unlawful, illegal, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's right to privacy, reveals private information about another person without consent of that person, or may tend to incite others to undertake any of the foregoing activities, or violate any export or import regulations of the country of origin or receipt;
- download, post, email or otherwise transmit any software virus or other computer code, files or programs designed to interrupt, destroy, limit the functionality, or cause a denial or interruption of service of any computer software or hardware or telecommunications equipment of TrustSoft or any third party, including without limitation any telecommunications network;
- copy, transmit, use, broadcast, distribute or modify any information or material in violation of patent, copyright, trademark or trade secret rights of any other person;
- use this site in any manner that violates any rules or regulations imposed on you by the owner of the computer equipment or by the Internet Service Provider you have chosen to use to access this site;
- violate or attempt to violate the security, efficiency, reliability, or integrity of this site or its content in any way, including, without limitation, by accessing data, servers or accounts which you are not authorized to access, forging TCP/IP packet headers or payloads or accessing or attempting to access parts of this site that are subject to access restrictions.
- Member Account, Password, and Security. If any of the services provided by TrustSoft requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You agree to notify TrustSoft immediately of any unauthorized use of your account or any other breach of security. TrustSoft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TrustSoft or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
- Warranties and Disclaimers. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND TRUSTSOFT, ALL INFORMATION AND SOFTWARE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TRUSTSOFT ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, TRUSTSOFT MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
- Liability Limitations. IN NO EVENT SHALL TRUSTSOFT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE) WHETHER OR NOT TRUSTSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Indemnification. You agree to indemnify, defend and hold TrustSoft, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. TrustSoft reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of TrustSoft.
- You also agree that TrustSoft is free to use any ideas, concepts, or techniques that you send TrustSoft for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.
- Linking to TrustSoft’s Website. TrustSoft permits anyone to link to TrustSoft's site subject to the linker's compliance with the following terms and conditions. A site that links to TrustSoft's site:
- May link to, but not replicate, content contained in TrustSoft's site;
- Must not create a border environment or browser around content contained in TrustSoft's site;
- Must not present misleading or false information about TrustSoft's services or products;
- Must not misrepresent TrustSoft's relationship with the linker;
- Must not imply that TrustSoft is endorsing or sponsoring the linker or the linker's services or products;
- Must not use TrustSoft's logos or trade dress without prior written permission from TrustSoft;
- Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
- Must not contain materials that would violate any laws;
- Must agree that the link may be removed at any time upon TrustSoft's request pursuant to TrustSoft's reserved rights to rescind its consent to allow the link.
- Links to Third Party Websites. TrustSoft's site may provide links to third party websites, which are not under the control of TrustSoft. TrustSoft makes no representations about third party websites. When you access a non-TrustSoft website, you do so at your own risk. TrustSoft is not responsible for the reliability of any data, opinions, advice, or statements made on third party sites. TrustSoft provides these links merely as a convenience. The inclusion of such links does not imply that TrustSoft endorses, recommends, or accepts any responsibility for the content of such sites.
- Third Party Products and Services. TrustSoft’s site may mention third party products and services for informational purposes. TrustSoft makes no recommendations or endorsements about third party products and services. References to third party services and products are provided by TrustSoft "as is", without warranty of any kind, either express or implied.
Compliance with Laws
- Copyright. The information on this site is protected by copyright. Except as specifically permitted, no portion of this site may be distributed or reproduced by any means, or in any form, without TrustSoft's prior written permission.
COPYRIGHT NOTICE: Copyright © 2005 TrustSoft, Inc., 1330 Post Road Boulevard, Suite 2300, Houston, Texas 77056. All rights reserved.
- Trademarks. Please refer to the Trademark Usage Guide for information on TrustSoft trademarks and its usage policy relating to the trademarks.
- Governing Law; Arbitration. These terms and conditions are governed by the laws of the State of Texas, U.S.A., excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to use of this site, these terms and conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Houston, Texas, in English. Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the chair of the arbitration panel, which determination shall be conclusive. All discovery shall be completed within 60 days following the appointment of the arbitrator(s). Any demand for arbitration must be filed within one (1) year after such dispute, claim or cause of action arose or shall be forever barred, regardless of any law or regulation to the contrary. The arbitrators shall not award consequential or punitive damages in any arbitration initiated under this section. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. If you are also a party to the EULA, there shall be only one arbitration proceeding.
- Export Restrictions. You may not use this site or any software provided by TrustSoft, directly or indirectly, to export any software, any part thereof, or any process or service that is the direct product of such software, to any country, person, or entity in violation of U.S. export restrictions. You must comply with all applicable laws regarding the transmission of programs or data exported from the United States, or from any other country from which you are transmitting, to the country receiving the transmission.
- U.S. Government Restricted Rights. TrustSoft products and publications are deemed to be "commercial computer software" and "commercial computer software documentation" pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Such products and publications may be licensed to U.S. government end users with only those rights as granted to all other end users under the terms of a license or EULA.
- All notices to you required or permitted under these terms and conditions may be sent to you at the last e-mail address you submitted to TrustSoft, or by regular mail to your last-submitted physical address. Notices to TrustSoft shall be submitted to firstname.lastname@example.org or to such other address as TrustSoft may provide at this site from time to time.
- These terms and conditions, as amended from time to time, shall be the entire agreement between TrustSoft and you, and supersede any other communications or advertising with respect to this site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software.
- The failure of TrustSoft to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect.
- The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.