Terms of Use

IMPORTANT - READ CAREFULLY:The TERMS OF USE is a legal agreement between you (either as an individual or any other legal entity) (‘You’ or ‘Your’) and SoSoftware SA (‘SoSoftware’). Your access to, and use of SoSoftware web site (‘Web site’) is subject to, and governed by, this TOU. Be sure to carefully read and understand all of the rights and restrictions delineated in this TOU. By accessing the Web site, you confirm your agreement to and acceptance of these terms. SoSoftware reserves the right to update the TOU at any time without notice to You. You may view the current applicable version of the TOU at any time by clicking on the ‘Terms of Use’ link at the bottom of each Web site page.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CERTAIN SOSOFWARE WEB SITE PARTS INCLUDING, BUT NOT LIMITED TO PASSWORD PROTECTED AREAS, CONTAIN TERMS OF USE IN ADDITION TO, OR DIFFERENT FROM THE TOU AND THE TERMS OF USE POSTED ON SUCH WEB SITES SHALL APPLY.

1. Access
SoSoftware has the right, but not the duty, to terminate or suspend Your access to the Web site, without notice, for any conduct that SoSofware, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider or SoSoftware. SoSoftware makes no representation that the information contained in the Web site is appropriate or available for use throughout the world. It is forbidden to access the Web site from territories where the legislation provides that the content or use of the Web site is illegal. You choose to use the Web site on Your own initiative, and it is Your responsibility to ensure that You conform to all applicable local laws.

2. Copyright

SoSoftware, its suppliers or the original creator of the material own all copyrights to material on the Web site and all other intellectual property rights related to the Web site. To the extent that SoSoftware has the right to do so without compensation to third parties, and except for material specifically provided under other terms, SoSofware grants You permission to copy materials on the Web site solely for Your non-commercial use in support of SoSoftware products. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without written permission by SoSoftware, ‘mirror’ any material contained on the Web site or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other intellectual property right of SoSoftware or any third party.

3. Trademarks
SoSoftware and the SoSoftware logos are trademarks or service marks, registered or not, of SoSoftware. Nothing in the Web site may be interpreted so as to grant to You, directly or indirectly, the use of a trademark or service mark reproduced on the Web site, whether belonging to SoSoftware or third party suppliers, without the written permission of SoSoftware.

4. Information Provided to SoSoftware

4.1. SoSoftware does not want You to, and You should not, send any confidential or proprietary information to SoSoftware via the Web site. Any submission by You to SoSoftware, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of SoSoftware. Furthermore, by Your submission You grant SoSoftware an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. SoSoftware shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

5. Links.

THE LINKS ON THE WEB SITE WILL LET YOU LEAVE SOSOFTWARE'S WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SOSOFTWARE AND SOSOFTWARE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SOSOFTWARE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SOSOFTWARE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SOSOFTWARE OF THE SITE.

6. Product Availability.

The availability of the products described on the Web site, and the product descriptions, may vary from country to country. You should consult SoSoftware or SoSoftware authorized Partners for availability of specific products in Your area.

7. Export of Information.

You agree to comply with all laws and regulations applicable to the use of the Web site.

8. Limitation of Liability.

SOSOFTWARE, ITS MANAGERS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE) THE WEB SITE OR ANY MATERIAL ON THE WEB SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF SOSOFTWARE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ALL OR PART OF THIS LIABILITY IS FOUND UNENFORCEABLE FOR ANY REASON, THEN SOSOFTWARE 'S MAXIMUM AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITY THAT WOULD OTHERWISE HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED EUROS (€ 100.00).

9. Assignment.

The TOU may not be assigned or transferred by You without the prior written consent of SoSoftware. SoSoftware may assign the TOU to any affiliate or third party in part or in whole.

10. Disputes.

10.1. Any controversy or claim arising out of or in connection with the TOU, its enforcement or interpretation (‘Dispute’), will be finally resolved solely in accordance with the terms of this Section 10.

10.2. If a Dispute arises, the parties will endeavour to resolve the Dispute through good faith negotiation within sixty (60) days of notification of the Dispute. If the Dispute cannot be settled through good faith negotiation, SoSoftware and You will submit the Dispute to non-binding mediation conducted by the Swiss Arbitration Association (‘ASA’) or any other mutually acceptable alternate dispute resolution organization. Each party shall bear its own expenses but those related to the compensation of the mediator shall be borne equally. The parties, their representatives, other participants and the mediator (and arbitrator, if any) shall hold the existence, content and result of mediation in confidence. If the Dispute is not resolved through mediation, claims may be brought in a governmental court of competent jurisdiction or resolved through binding arbitration. Notwithstanding the foregoing, SoSoftware shall be entitled to take immediate legal action where required to protect its confidential or proprietary information, or to obtain any interim injunction.

10.3. Actions on Disputes between the parties with respect to the TOU must be brought in accordance with this Section 10 within two years after the cause of action arises.

11. Governing Law.

The validity, construction and performance of this Agreement will be governed by the laws of Switzerland, without giving effect to any provisions that would result in this Agreement being governed by the law of any jurisdiction other than that of Switzerland. Subject to Section 10, the parties hereby consent to the exclusive jurisdiction of, and venue in, any governmental court of competent jurisdiction located in Switzerland for the purposes of adjudicating any matter arising from or in connection with this Agreement.

12. Access to Password Protected/Secure Areas.

Access to and use of password protected and/or secure areas of the Web site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web site may be subject to prosecution.

13. Data Privacy.

Please click on the ‘Privacy Statement’ link at the bottom of each Web site page for disclosures relating to the collection and use of Your personal information.

14. Software License terms.

Any software You download from the Web site is governed by (i) the license terms accompanying the software or (ii) if no license terms accompany the software, the terms of Your license agreement with SoSoftware which accompanied the original product licensed by You which you are updating or (iii) if neither (i) or (ii) is applicable, the Software License Agreement below.
Software License Agreement

(1) License Grant. SoSoftware grants you, subject to the following terms and conditions, a non-exclusive, non-transferable right to use the software on a single device at a time. SoSoftware reserves all rights not expressly granted to you.

(2) Protection of Software. You agree to use Your best efforts to protect the software and documentation from unauthorized copy or use. The software source code represents and embodies trade secrets of SoSoftware and/or its licensors. The source code and embodied trade secrets are not licensed to you and any modification, addition or deletion is strictly prohibited. You agree not to disassemble, decompile, or otherwise reverse engineer the software in order to discover the source code and/or the trade secrets contained in the source code.
To the extent that the software is located in a Member state of the European Community and you need information about the software in order to achieve interoperability of an independently created software program with the software, you shall first request such information from SoSoftware. Unless SoSoftware refuses to make such information available, you shall not take any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to the software. SoSoftware may charge you a reasonable fee for the provision of such information.

(3) Copies. You may not copy the software. You may not copy documentation unless it carries a statement that copying is permitted. All proprietary rights notices must be faithfully reproduced and included on all copies.

15. Forward-Looking Statements.

Some of the information on this Web site may contain forward-looking statements. These statements are only predictions based on our current expectations and projections about future events. Because these forward-looking statements involve risks and uncertainties, there are important factors that could cause SoSoftware's actual results, level of activity, performance or achievements to differ materially from the results, level of activity, performance or achievements expressed or implied by the forward-looking statements.

16. Disclaimers.

16.1 WHILE SOSOFTWARE ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE WEB SITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. SOSOFTWARE MAY CHANGE THE INFORMATION ON THE WEB SITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL, INCLUDING SOFTWARE, ON THE WEB SITE AND THE WEB SITE ITSELF IS PROVIDED "AS IS" AND SOSOFTWARE DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SOSOFTWARE SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEB SITE OR ANY CONTENT OR MATERIAL ON THE WEB SITE.

16.2 SOSOFTWARE MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

16.3 ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE.

16.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOSOFTWARE OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
This constitutes the entire agreement between the parties with respect to the Web site and its use and, except with respect to additional or different terms of use in certain SoSoftware’s Web site areas, supersedes all prior agreements, proposals, communications and understandings between the parties, whether written or oral.

 

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