Terms of Use

ACCEPTANCE OF TERMS

AKTIV Software Corporation ("AKTIV") makes available for your use on this Web site (the "Site") information, documents, software and products (collectively, the "Materials"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing this Site, you agree to the Terms of Use. AKTIV reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

COPYRIGHT; LIMITED LICENSE

The Materials on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials at this Site may violate such laws. Except as expressly provided herein, AKTIV and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials.

Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of AKTIV.

Use of Software. The software and accompanying documentation that are made available to download from this Site are the copyrighted work of AKTIV and/or its suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. 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 available on the Site.

Use of Site Information. Except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on this Site subject to the following conditions:

  1. The documents and information may be used solely for personal, informational, internal, non-commercial purposes.
  2. The documents and information may not be modified or altered in any way.
    The documents and information on the Site may not be distributed.
  3. You may not remove any copyright or other proprietary notices contained in the documents and information.
  4. AKTIV reserves theright to revoke the authorization to view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from AKTIV.
  5. The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND AKTIV, ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AKTIV MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. AKTIV MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND AKTIV MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

AKTIV ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, AND/OR MATERIALS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL AKTIV OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT AKTIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AKTIV OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

This Site contains links to third-party Web sites that are not under the control of AKTIV. AKTIV makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-AKTIV Web site, you do so at your own risk and AKTIV is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. AKTIV provides these links merely as a convenience and the inclusion of such links does not imply that AKTIV endorses or accepts any responsibility for the content or uses of such Web sites.

This Site can be accessed from other countries around the world and may contain references to AKTIV products, services, and programs that have not been announced in your country. These references do not imply that AKTIV intends to announce such products, services or programs in your country.

CONFIDENTIAL INFORMATION; PRIVACY

Please note that, with the exception of credit card numbers, AKTIV does not want to receive confidential or proprietary information from you through our Site. Any non-personal information or material sent to AKTIV will be deemed NOT to be confidential. By sending AKTIV any non-personal information or material, you grant AKTIV an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that AKTIV is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by AKTIV from its offices within the Province of British Columbia, Canada. By accessing this Site, you and AKTIV agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Province of British Columbia, without regard to the conflicts of laws principles thereof. You and AKTIV agree to irrevocably attorn to the jurisdiction of the courts of the Province of British Columbia and further agree to commence any litigation which may arise hereunder in the courts located in the City of Victoria, Province of British Columbia, Canada with respect to such matters. AKTIV makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

TRADEMARK INFORMATION

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of AKTIV or other third parties. You are not permitted to use the Marks without the prior written consent of AKTIV or such third party which may own the Marks. AKTIV and the AKTIV logo are trademarks of AKTIV Software Corporation.