Legal Notice - Terms of Use
Introduction
Welcome to Evaware (“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 Project E-vitaTM,
Evaware Ltd, Audentia Solutions and its affiliates and subsidiaries (individually
and collectively, “Evaware”).
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. Evaware 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 Evaware. To better protect your rights we
have provided the Evaware Privacy Policy to explain our
privacy practices in detail.
Use of Evaware Systems
Evaware website, systems and associated software, sometimes referred to as (the
“Software”) and accompanying documentation that are made available from this Site
or on CD-ROM format are the copyrighted work of Audentia Solutions. Where any third
party Intellectual Property may be present due notice is given in the system documentation
or web pages. 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 and systems available
through Evaware.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and
Evaware, 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, Evaware 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, Evaware 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. Evaware 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 Evaware) 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 Evaware service, we include links to other web sites on the world wide
web portion of the internet and that Evaware 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 Evaware
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
Evaware or a Evaware 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 Evaware or from or through the site shall create any warranty not expressly
stated in the terms of use. In no event shall Evaware’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 Evaware 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 Evaware at your expense.
Web Site Links
Evaware may provide links to other sites that we feel are relevant and interesting
to our users (“Link Sites”). Evaware 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 Behaviour
Please exercise respect when participating in any of Evaware online community features
such as Forums, Bulletin Boards, Chat Rooms, Email functions, etc. (“User Materials”).
You may not submit or publish through Evaware any User Materials that are libellous,
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 Evaware 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 Evaware 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, Evaware 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 Evaware Terms of Use shall govern
your legal rights with respect to those Submissions.
The Submissions shall be deemed the property of Evaware. Evaware 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 Evaware will not be treated
as confidential and Evaware shall not be liable for any disclosure of the Submissions.
Accounts and Security
Evaware 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 a User Forename / Surname ("User Name"). You shall provide Evaware
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 Evaware, in
its sole discretion, deems inappropriate or offensive.
You shall notify Evaware 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 Evaware’s sole discretion, and you may be reported to appropriate
law-enforcement agencies.
Notification of Copyright Infringement
Evaware 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 Evaware.
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 Evaware 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, Evaware can be reached by our contact
form.
Administrative Information
Jurisdictional Issues
This Site is controlled and operated by Evaware Ltd. Evaware Ltd 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 Evaware, 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 Evaware 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 Kingdom, 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 Evaware or other third parties. You are not permitted to use the Marks
without the prior written consent of Evaware or such third party, which may own
the Marks. Evaware and the Evaware logo are trademarks of Audentia Solutions
LLC, Delaware, USA.