PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS OR ANY ACTIVANT WEB SITE ("SITE").
This Site is comprised of various Web pages operated by Activant Solutions Inc. and its wholly owned subsidiaries ("Activant").
Activant authorizes you to view and access the "Content" on the Site strictly in accordance with and subject to these Terms and the Activant Privacy Statement. "Content" includes the entire content and materials accessible through the Site, including, without limitation, materials, information, artwork, graphics, images, text, software, and data. Your use of a Site constitutes your agreement to all these Terms and to the Privacy Statement. Except as expressly permitted under a written customer agreement ("Customer Agreement") with Activant under which you qualify as an authorized user, you may not modify, reproduce, distribute, display, perform or otherwise use the Content for any public or commercial purpose, in any form or by any means, including, without limitation, electronic (including without limitation screen scraping), mechanical, photocopying, recording or otherwise without the permission of Activant or the copyright owner. For purposes of these Terms, any use of the Content on any other web site or networked computer environment for any purpose is prohibited. You are not permitted to decompile, reverse engineer, modify or prepare derivative works of the Content.
If you do not agree with the terms of these Terms or the Privacy Statement, you may not use the Site. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Content.
MODIFICATION OF THESE TERMS AND CONTENT
Activant reserves the right to change the terms, conditions, and notices under which a Site is offered at any time, so please refer periodically to the Terms posted on the Site. The Content contained on this Site is subject to change without notice.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Activant and Activant is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Activant is not responsible for webcasting or any other form of transmission received from any Linked Site. Activant is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Activant of the site or any association with its sponsor or operator.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to Activant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use or enjoyment of the Site. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Site.
By way of example, and not limitation, you agree that, when visiting or using the Site, you will: (a) not defame, abuse, harass, stalk, or threaten any person or party or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) not post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented, pornographic, misleading, fraudulent, otherwise objectionable material of any kind or any other material that may violate any applicable laws or violate or infringe any third party rights or violate any confidentiality obligations; (c) not advertise or offer to sell or buy any goods or services for any business purpose unless such is first permitted by Activant in writing; (d) not conduct or forward surveys, contest, pyramid schemes or chain letters; (e) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (f) comply with all of Activant’s requirements, procedures, policies regarding visitation and use of the Activant Web Site and all applicable laws and regulations; (g) not take any action that imposes, or may impose, in the sole discretion of the Activant, an unreasonable or disproportionately large load on the infrastructure or otherwise be disruptive including but not limited to “flooding” any group with posts; or, (h) not to upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment.
Activant has no obligation to monitor use of its Site. However, Activant reserves the right to review and remove any materials from any source in its sole discretion.
Activant reserves the right to limit or terminate your access to any or all of its web sites at any time without notice for any reason whatsoever in addition to all other rights and remedies.
Activant reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Activant's sole discretion and in accordance with Activant’s Privacy Statement.
USER CHAT ROOMS
Activant may, but is not obligated to, monitor or review any areas, if any, of b the Site where users transmit or post communications or communicate solely with each other, including, without limitation, to chat rooms, bulletin boards or other user forum, or any transaction exchange, nor is Activant obligated to monitor or review the content of any such user communications. Activant shall have no liability or obligation whatsoever related to the content of any such user communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Activant retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
PASSWORD AND USER NAME
Access to some content accessible from the Site may be password controlled. By registering for an account, a password and the right to use the protection portions of the Site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms required for access to password controlled content) and that the user name and password are unique to you and/or your company. You are solely responsible for maintaining the confidentiality of your user name and password. You are advised that you could be held liable for losses incurred by Activant as a result of the misuse of your user name, password or account.
INTELLECTUAL PROPERTY
A. Copyright:
Unless otherwise indicated, all Content on the Site are copyright protected by United States law and international treaties and the copyright is held by Activant or the original creator of the Content. Activant also claims copyright in the look and feel attributes of the Site, as well as the selection, coordination, and arrangement of the Content.
Except for any limited license that may be contained herein or otherwise granted under a Customer Agreement, you have no right to copy Content from a Site, including downloading or printing or to distribute the materials in any way, including transmitting them in electronic form, etc. Permission to use the materials other than as authorized hereunder must be granted in writing prior to the use.
B. Trademarks and Service Marks:
Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this Site are the property of Activant. These marks may not be used or reproduced in whole or in part in any way without the express permission of Activant.
C. Other Intellectual Property Rights:
This Site and its Content may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. Activant reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.
USE OF SOFTWARE AND DATABASES
There are inherent dangers in the use of any software, databases or other Content available for download through the Internet, and Activant cautions you to make sure you completely understand the potential risks before you download any software databases or other Content (such as potential infection of your system by computer viruses). If you download software or databases from a Site ("Software") or subscribe to any services offered through a Site, use of such Software, or subscription to such services is subject to the terms of the associated written CustomerAgreement. You may not download or install the Software, or utilize Activant services, unless you are a party to (or a user covered under) the applicable Customer Agreement. You are solely responsible for adequate protection and backup of your software, data and equipment and, subject to the applicable Customer Agreement, you assume all risks associated with any Software you may download, access or use.
WITHOUT LIMITING THE FOREGOING AND SUBJECT TO THE APPLICABLE CUSTOMER AGREEMENT, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION, AND ACCESS TO OR UTILIZATION OF ACTIVANT SERVICES, IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY IN ACCORDANCE WITH THE APPLICABLE CUSTOMER AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED IN THE CUSTOMER AGREEMENT, ACTIVANT HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. IN NO EVENT WILL ACTIVANT AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER WITH RESPECT TO THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) EVEN IF ACTIVANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER SUBMISSIONS
Activant does not want to receive confidential or proprietary information from you from this Site. Other than personally identifiable information (which is covered under the Activant Privacy Statement), any material, information or other communications that you transmit or post to a Site (“User Communications”) will be considered non-confidential and non-proprietary. Activant will have no obligations with respect to such User Communications. Activant and its designees will be free to copy, disclose, display, distribute, modify, incorporate, and otherwise use the User Communications and all data, images, sounds, text, and other things embodied therein, without any obligation to any party whatsoever, for any and all commercial or non-commercial purposes. Moreover, by sending Activant any such User Communications, you also agree that Activant is free to use any ideas, concepts, know-how, or techniques for any purpose and in any manner in its sole discretion.
LIABILITY DISCLAIMER
You agree to use the Site strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, posted, emailed or otherwise transmitted.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED UNDER AN APPLICABLE CUSTOMER AGREEMENT, THE CONTENT AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. IN PARTICULAR, ACTIVANT DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. ACTIVANT FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED THROUGH THIS SITE OR THAT THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. THE CONTENT AND SERVICES MAY BE OUT OF DATE, AND ACTIVANT MAKES NO COMMITMENT TO UPDATE THE CONTENT OR SERVICES AT THIS SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES TO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL ACTIVANT, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF THIS WEB SITE, OR THE CONTENT OR SERVICES CONTAIN OR ACCESSIBLE FROM THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEAGL THEORY AND WHETHER OR NOT ACTIVANT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXPORT COMPLIANCE
Content made accessible under these Terms may be subject to United States export control laws and regulations. You agree not to transfer or otherwise export any Content to third parties who are residents or nationals of countries subject to United States embargo. You agree to comply with all relevant export laws and regulations of the United States to assure that the Content or anything related to the Site are not exported, directly or indirectly, in violation of any applicable law or regulation, including all U.S. export control laws and regulations.
ENGLISH LANGUAGE
These Terms of User shall be exclusively interpreted in accordance with the English language with the meaning of its terms. Should a translation of these Terms deviate from the English language version, only the English language version shall apply and be binding.
GENERAL
To the maximum extent permitted by law, these Terms and the Privacy Statement are governed by the laws of the United States and the State of California, without giving effect to any principles of conflicts of law and you hereby consent to the exclusive jurisdiction and venue of courts in Alameda County, California, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Activant as a result of this agreement or use of the Site. Activant's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Activant's right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Activant with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms and the Privacy Statement constitute the entire agreement between the user and Activant with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Activant with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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