Terms & Conditions
1. Acceptance
The web services that Informatix Software International Ltd provide to you are subject to the following Terms of Use (the "Terms"). Informatix Software International Ltd reserves the right to update the Terms at any time without notice.
2. Description
Informatix Software International Ltd provides you with access to a variety of web based resources, including but not limited to company, product and licensing information, documentation, pricing information and product purchasing, product installation, support and maintenance information, download areas including downloadable and trial versions of various products and samples, communication forums, links to other sites and resources, (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new web based services, are subject to the Terms.
3. Service operation
Informatix Software International Ltd does not guarantee the availability of the Service or that any aspect of the service will operate without fault or delay. Informatix Software International Ltd is not responsible, in any way, for delays or problems incurred, with particular reference to Internet communications services and equipment, third party services and Internet Service Providers. The Service is provided on an “as is” basis without any obligation or liabilities to Informatix Software International Ltd other than those expressly laid out in these Terms.
Informatix Software International Ltd reserve the right to make any changes to the Services or web site content of any form, location, domain, or any aspect of the site without notice at any time.
4. Personal use
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services
5. Protection of information
See the Privacy Statement disclosures relating to the collection and use of your information.
6. Software available on this site
Any software that is made available to download from the Services ("Software") is the copyrighted work of Informatix Software International Ltd and/or its suppliers. Use of the Software is governed by the terms of the Software License Agreement ("License Agreement") which accompanies or is included with the Software. An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless they first agree to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further copying, reproduction or redistribution is expressly prohibited, unless such copying, reproduction or redistribution is expressly permitted by the License Agreement accompanying such Software or unless express written permission has been granted by Informatix Software International Ltd.
If the Software is warranted, it is only warranted according to the terms of the License Agreement.
Except as warranted in the License Agreement, Informatix Software International Ltd hereby disclaims all warranties and conditions with regard to the Software, including all warranties and conditions of merchantability, whether express, implied or statutory, and fitness for a particular purpose.
For your convenience, Informatix Software International Ltd may make available, as part of the Services or in its software products, tools and utilities for use and/or download. Informatix Software International Ltd does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in Informatix Software International Ltd software products.
7. Documents available on this site
Any documentation that is made available (and/or to download) from the Services ("Documents") is the copyrighted work of Informatix Software International Ltd and/or its suppliers.
Informatix Software International Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the Documents and related graphics published as part of the Services for any purpose. All such Documents and related graphics are provided "as is" without warranty of any kind. Informatix Software International Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, and fitness for a particular purpose. In no event shall Informatix Software International Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the Services.
The Documents and related graphics published on the Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Informatix Software International Ltd and/or its respective suppliers may make improvements and/or changes in the Services at any time.
8. Software, documents and services available on this site
In no event shall Informatix Software International Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
9. Membership accounts
If any of the Services requires you to open an account, you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of any password and/or username that you may be required to create. Furthermore, except for Informatix Software International Ltd’s own responsibility towards the matter, you are entirely responsible for any and all activities that occur under your account. You agree to notify Informatix Software International Ltd immediately of any unauthorized use of your account or any other breach of security. Informatix Software International Ltd will not be liable for any loss that you may incur as a result of someone else using your password or account due to your fault, either with or without your knowledge. However, you could be held liable for losses incurred by Informatix Software International Ltd or another party due to someone else using your account or password due to your fault. You may not use anyone else's account at any time, without the permission of the account holder.
10. No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Informatix Software International Ltd server, or the network(s) connected to any Informatix Software International Ltd server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Informatix Software International Ltd server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
11. Use of Services
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, images, photographs, file cabinets and/or other message or communication facilities designed to enable you to communicate with others or Informatix Software International Ltd (each termed a "Communication Service" and collectively termed "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
I. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
II. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
III. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
IV. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
V. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
VI. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
VII. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages.
VIII. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
IX. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
X. Restrict or inhibit any other user from using and enjoying the Communication Services.
XI. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
XII. Harvest or otherwise collect information about others, including email addresses.
XIII. Violate any applicable laws or regulations.
XIV. Create a false identity for the purpose of misleading Informatix Software International Ltd or others.
XV. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Informatix Software International Ltd has no obligation to monitor the Communication Services. However, Informatix Software International Ltd reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Informatix Software International Ltd reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Informatix Software International Ltd reserves the right at all times to disclose any information as Informatix Software International Ltd deems 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 Informatix Software International Ltd's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or anyone else in any Communication Services. Informatix Software International Ltd does not control or endorse the content, messages or information found in any Communication Services and, therefore, Informatix Software International Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Informatix Software International Ltd spokespersons, and their views do not necessarily reflect those of Informatix Software International Ltd.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
12. Materials provided to Informatix Software International Ltd or posted to this site
Informatix Software International Ltd does not claim ownership of the materials you provide to Informatix Software International Ltd (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each termed a "Submission" and collectively termed "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Informatix Software International Ltd permission to use your Submission in connection with the operation of its Internet businesses including, without limitation, all Informatix Software International Ltd Services and the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Informatix Software International Ltd is under no obligation to post or use any Submission you may provide and Informatix Software International Ltd may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and the Services, (b) you have the rights necessary to grant the permissions described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you or Informatix Software International Ltd completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you or Informatix Software International Ltd completely remove such Images. No compensation will be paid with respect to the use of your Images.
13. Links to third party sites
The links in the Services will let you leave Informatix Software International Ltd's site. The linked sites are not under the control of Informatix Software International Ltd and Informatix Software International Ltd 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. Informatix Software International Ltd is not responsible for webcasting or any other form of transmission received from any linked site. Informatix Software International Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Informatix Software International Ltd of the linked site.
14. Refunds
Refunds are only payable in certain circumstances and are entirely at the discretion of Informatix Software International Ltd management.
© 2009 Informatix Software International Ltd. All rights reserved.