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SOFTWARE
BISQUE'S PROVIDES TECHNICAL SUPPORT SERVICES TO YOU ON THIS SITE ("SERVICES"),
THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER
AGREEMENT, AS AMENDED FROM TIME TO TIME WITHOUT NOTICE FROM SOFTWARE BISQUE,
WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE
THE SERVICES. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF
THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO
AND ACCEPTANCE OF THE END-USER AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE
TERMS, YOU MUST NOT USE THE SERVICES.
SOFTWARE BISQUE™
INCORPORATED
END-USER SERVICES AGREEMENT
This End-User Services Agreement ("Agreement") is an agreement between you, an
individual or an individual acting on behalf of your employer, a corporation,
partnership, or other legal entity that will be using Software Bisque's services
("User"), Software Bisque Incorporated, a Colorado corporation located at 912 12th
Street Golden Colorado 80401-1114, and the owner of the web site through which
you have requested Software Bisque's services ("Company"). The use of Software
Bisque services, as described below in Section 2 hereto (the "Services"), are
subject to the terms and conditions of this Agreement.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Company, are provided to User under the terms and
conditions of this Agreement, any amendments to this Agreement, any operating
rules or policies that may be published from time to time by Company, and the
Software Bisque End User License Agreement, all of which are hereby
incorporated by reference. This Agreement comprises the entire agreement between
User and Company and supersedes any prior agreements pertaining to the subject
matter contained herein.
2. DESCRIPTION OF SERVICES
Company is providing User with any or all of the following services: (a) access
to the Software Bisque Community Forum; (b) access to software downloads; and
(c) any other services which Company may elect to provide in the future. These
Services are provided to User at the discretion of Company, and Company has no
obligation to provide the Services directly to User. Company does not charge
User for the Services (though Company may do so at any time in the future), but
may charge for enhancements User may elect to obtain.
Company also reserves the right to modify or discontinue, temporarily or
permanently, the Services with or without notice to User. User agrees that
Company shall not be liable to User or any third party for any modification or
discontinuance of the Services.
3. USER'S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register for the Services. In
consideration of use of the Services, User agrees to: (a) provide true,
accurate, current, and complete information about User as prompted by the
registration form; and (b) to maintain and update this information to keep it
true, accurate, current, and complete. If any information provided by User
("Registration Data") is untrue, inaccurate, not current, or incomplete, Company
has the right to terminate User's account and refuse any and all current and/or
future use of the Services.
4. USE OF REGISTRATION DATA
This Agreement includes the terms and conditions of Company's Privacy Policy, a
copy of which is located at
http://www.bisque.com/privacy, and which is hereby incorporated by
reference. In the event that there exists any inconsistency between this
Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy
shall take precedence.
5. USER CONTENT
Company considers email transmitted via the Services to be the private
correspondence of the sender. Neither Company nor Client will monitor, edit, or
disclose the contents of a User's private communications, except that User
agrees that Company may do so: (a) as required by law; (b) to comply with legal
process; (c) if necessary to enforce this Agreement; (d) to respond to claims
that such contents violate the rights of third parties; or (e) to protect the
rights or property of Company or others.
User acknowledges that content posted to public community areas is publicly
available and that Company does not take any responsibility for such content.
However, Company reserves the right to remove any public content posted by a
User that violates any law or condition of this Agreement, upon notice of such
violation.
User understands and agrees that technical (and sometimes manual) processing of
email communications, search requests, community postings, and any other
information supplied by User is and may be required: (a) to send and receive
messages; (b) to conform to the technical requirements of connecting networks;
(c) to conform to the limitations of the Services; or (d) to conform to other,
similar technical requirements.
User acknowledges and agrees that Company does not endorse the content of any
User communications and are not responsible or liable for any unlawful,
harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar,
obscene, indecent, tortious, or otherwise objectionable content, or content that
infringes or may infringe the intellectual property or other rights of another.
6. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
User will be asked to enter a unique “user name” and password to register. User
agrees to choose a user name which is unique, not obscene, unlawful, or
otherwise objectionable, in Company's sole discretion. Company shall own User's
complete user name.
User will receive a designated account upon completing the registration process
for the Services. User is responsible for maintaining the confidentiality of the
password and account, and is fully responsible for all activities that occur
under User's account. User agrees to immediately notify Company of any
unauthorized use of User's password or account or of any other breach of
security.
7. USER CONDUCT
User agrees to abide by all applicable local, state, national, and international
laws and regulations during use of the Services, and agrees not to interfere
with the use and enjoyment of the Services by other users. User agrees to be
solely responsible for the contents of User's private and public communications,
whether uploaded, posted, emailed, or otherwise transmitted through the
Services.
User agrees: (a) not to use the Services for illegal purposes; (b) not to
interfere with or disrupt the Services or servers or networks connected to the
Services; (c) to comply with all requirements, procedures, policies, and
regulations of networks connected to the Services; (d) not to resell the
Services or use of or access to the Services; and (e) to comply with all
applicable laws regarding the transmission of technical data exported from the
United States.
User agrees not to upload, post, email, or otherwise transmit through the
Services: (a) any unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise
objectionable material of any kind; (b) any material that violates the rights of
another, including, but not limited to, the intellectual property rights of
another; (c) any material that violates any applicable local, state, national,
or international law or regulation; or (d) unsolicited or unauthorized
advertisements, promotional materials, "junk mail," "spam," "chain letters," or
other forms of solicitation. User agrees not to attempt to gain unauthorized
access to other computer systems or networks connected to the Services. User
acknowledges and agrees that Company may ban User from future use of the
Services if User does not comply with Company's standards of conduct, even if
User attempts to use the Services through another Client or under a different
name. Furthermore, User acknowledges and agrees that Company may recover damages
from User if User violates these terms.
8. INDEMNITY
User agrees to indemnify and hold Company, and their parents, subsidiaries,
affiliates, officers, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of User's use of the Services, User's connection to the Services, User's
violation of this Agreement, or User's violation of any rights of another party.
9. STORAGE OF COMMUNICATIONS
Company assumes no responsibility for the deletion or failure to store email
messages, communications, or other content maintained or transmitted through the
Services. Company may establish in its sole discretion an upper limit on the
extent of message storage it will maintain for User.
10. TERMINATION
(a) User agrees that Company may terminate User's password, account, or use of
the Services if Company believes: (i) that User has violated or acted
inconsistently with the letter or spirit of this Agreement; or (ii) that User
has violated the rights of Company, Client, or their third party service
providers or other Users or parties. User further agrees that Company may
terminate User's password, account, or use of the Services if User a.) fails to
use the Services at least one time within seven (7) days after initial
registration (the "Initial Period"); or b.) fails to use the Services at least
one time during any consecutive 30-day period following the Initial Period.
(b) User agrees Company may immediately delete User's account and all related
information, communications, and files, and may bar any further access to such
account, communications, files, or the Services under any provision of this
Agreement. User also acknowledges and agrees that termination of any of the
Services may be effected without prior notice.
11. LINKS
The Services may provide, or users may include in email or community postings,
links to other Web sites or resources. However, User agrees not to include in
email or community postings (or elsewhere via the Services) any "deep link"
which leads to a web page, other than the home page, of another party's web site
unless such a link is authorized by the owner of that web site. User
acknowledges and agrees that Company is not responsible for the availability of
such external sites or resources, or for User's use of deep links, and that
Company, Client, and their third party service providers do not endorse and are
not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources.
12. COMPANY'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including, but not limited to, text,
software, music, sound, photographs, graphics, video, or other material
contained in sponsor advertisements or information presented to User through the
Services or third party advertisers is protected by copyrights, trademarks,
service marks, patents, or other proprietary rights and laws. User acknowledges
and agrees that User is permitted to use this material and information only as
expressly authorized by Company or advertisers, as applicable, and may not copy,
reproduce, transmit, distribute, or create derivative works of such content or
information without such express authorization.
13. DISCLAIMER OF WARRANTIES
(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(b) COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(c) COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR
THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS
OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(e) COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH
THE SERVICES.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
COMPANY OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
(g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.
14. LIMITATION OF LIABILITY
(a) USER AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE
THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER
INTANGIBLES, EVEN IF COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
(b) USER FURTHER AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING
FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT
LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR
NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
(c) User acknowledges that Pursuant to Section 512 of the Digital Millennium
Copyright Act, Company has a policy providing for termination of Services to
account holders who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES
THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR
TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i)
COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY
FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM
COPYRIGHT ACT.
(d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS
AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO SOME USERS.
(f) If you have chosen the virus scanner, please be advised that this virus
scanner may not be able to detect or repair all viruses and variants, as new
viruses and variants frequently appear. Please be aware that there is a risk
involved whenever downloading email attachments to your computer or sending
email attachments to others and that, as provided in the Terms of Service,
neither Software Bisque nor its licensors are responsible for any damages caused
by your decision to do so.
(g) Software
Bisque may place limits on mail a user can send in a given period of time in
order to protect the health of the company's network.
15. AMENDMENT
Company may modify this Agreement at any time, and such modifications shall be
effective immediately upon posting or other method of notification to User,
which notice may be provided on the web pages through which User accesses or
uses the Services. User's continued access or use of the Services shall be
deemed to be User's conclusive acceptance of the modified Agreement.
16. GENERAL
Company shall not be liable to User for any breach of this Agreement or the
Privacy Policy. This Agreement and the relationship between User and Company and
Client shall be governed by the laws of the State of Colorado without regard to
its conflict of law provisions. User and Company agree to submit to the personal
and exclusive jurisdiction of the courts located within the state of Colorado.
The failure of Company and Client to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver of such right or provision. If
any provision of this Agreement is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision and rule
that the other provisions of this Agreement remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Services or this
Agreement must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
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