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DigiTar Support:Terms of Use

From DigiTar Support

DigiTar® Support - Terms of Use

IMPORTANT -- READ CAREFULLY:

This Terms of Use Agreement ("AGREEMENT") is a legal agreement between you and DigiTar, which governs: 1) your access to and receipt of support, including DigiTar’s remote access to your system to analyze problems, sources of problems, and when appropriate, to fix problems (collectively the “SUPPORT”); and 2) your use of documents (“Documents”), support software in the form of hotfixes, updates, bug fixes, workarounds, patches, or other software that DigiTar provides to you in the course of providing Support or which is otherwise located on this website (collectively the “SOFTWARE"). By accessing http://support.digitar.com on "I accept" you agree to be bound by the terms of this AGREEMENT. In addition, by utilizing SUPPORT or this website, you will be deemed to have accepted the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, you are not authorized to use this website or SOFTWARE. __________________________

If you are an employee or agent of a company that is a party to a current agreement for DigiTar support services ("Support Agreement") and are acting on behalf of that company in seeking SUPPORT, the terms and conditions of that Support Agreement shall govern.

In order for your DigiTar Support Professional to effectively diagnose your problem, some machine configuration data and personally identifiable information will need to be collected.

Software License: The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. All rights not expressly granted herein are reserved.

===1. GRANT OF LICENSE.=== AGREEMENT grants you the following rights:

  • SOFTWARE. You may install and use one copy of the SOFTWARE on a single computer for your internal use provided that you maintain the copyright notice on all copies of the SOFTWARE. DigiTar may provide you with SOFTWARE, via Remote Access, to assist with problem diagnosis and/or resolution. Such SOFTWARE is the property of DigiTar and you must return it to DigiTar promptly upon request. You may not modify, reproduce or distribute the SOFTWARE. Any modification, reproduction or redistribution of the SOFTWARE may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

  • Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  • Rental. You may not rent or lease the SOFTWARE.
  • Software Transfer. You may not transfer your rights under this AGREEMENT.
  • Termination. Without prejudice to any other rights, DigiTar may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT. In such event, you must destroy all copies of the SOFTWARE.

===3. CONSENT TO USE OF DATA.=== You agree that DigiTar and its affiliates may collect and use technical information gathered during the product support services provided to you, if any, related to the SOFTWARE.

===4. INTELLECTUAL PROPERTY RIGHTS.=== All rights, title and interests in and to the intellectual property rights embodied in the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials (if any), and technical resolutions to support requests are owned by DigiTar or its suppliers.

===5. U.S. GOVERNMENT RESTRICTED RIGHTS.=== The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is DigiTar/10306 West Emerald Street/Boise, ID 83704

===6. EXPORT RESTRICTIONS.=== The software is subject to U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. Such laws include restrictions on destinations, end users and end use.


===7. MISCELLANEOUS:=== This AGREEMENT is governed by the laws of the State of Idaho, provided that if any court of competent jurisdiction finds such choice of law to be unenforceable, then this agreement will be governed by the laws of the jurisdiction in which the DigiTar affiliate providing the SOFTWARE or SERVICES giving rise to the dispute is organized (and in particular, if Canadian law is found to apply, this AGREEMENT will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein). The 1980 United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply to this AGREEMENT. In the case of any dispute arising under this AGREEMENT, exclusive jurisdiction and venue for the resolution of such dispute shall be in the jurisdiction in which the DigiTar affiliate providing the SOFTWARE or SERVICES giving rise to the claim is organized. Should you have any questions concerning this AGREEMENT, or if you desire to contact DigiTar for any reason, please contact the DigiTar subsidiary serving your country, or write: DigiTar/10306 West Emerald Street/Boise, ID 83704

===8. LIMITED WARRANTY.=== THE SOFTWARE, SUPPORT AND ACCESS TO THIS WEBSITE ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THIS SOFTWARE, SUPPORT AND ACCESS TO THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITH REGARD TO THE SOFTWARE AND THIS WEBSITE, DIGITAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE OR THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE CAN BE CORRECTED. FURTHERMORE, DIGITAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIGITAR OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE AFTER DIGITAR HAS DELIVERED THE SAME, YOU SHALL ASSUME THE ENTIRE COST ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

===9. CUSTOMER WARRANTY.=== YOU WILL NOT ALLOW ANY PERSON WHO IS NOT AUTHORIZED BY YOU, OR WHO HAS NOT ACCEPTED THE TERMS OF THIS AGREEMENT TO ACCESS THIS WEBSITE OR SUBMIT SUPPORT REQUESTS FROM YOUR COMPUTER.

===10. LIMITATION OF LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES.=== TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITAR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THIS WEBSITE, OR ARISING AS A RESULT OF DIGITAR PROVISION OR FAILURE TO PROVIDE SUPPORT, EVEN IF DIGITAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IN ANY EVENT, DIGITAR'S LIABILITY TO YOU SHALL NOT EXCEED US$50.00.

11. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE.

Elements of DigiTar websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any DigiTar website may be copied or retransmitted unless expressly permitted by DigiTar.

DIGITAR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DIGITAR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

===12. USE TERMS.=== DigiTar reserves the right to change the terms under which SUPPORT and Remote Access and the SOFTWARE are provided. Your continued use of SUPPORT or this website will be deemed to be your acceptance of any changes to the terms.

===13. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.=== Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.


===14. LINKS TO WEBSITES.=== THE LINKS IN THIS WEBSITE MAY TAKE YOU OUTSIDE OF THIS WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF DIGITAR AND DIGITAR 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. DIGITAR IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DIGITAR IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK OR THE CONTENT IN ANY LINK DOES NOT IMPLY ENDORSEMENT BY DIGITAR OF THE SITE OR THE CONTENTS THEREIN.

===15. TRADEMARKS.=== DigiTar, DigiTar Sentinel, Sentinel Messaging, Sentinel Complete, Sentinel Messaging Envoy and/or other DigiTar products referenced herein are either trademarks or registered trademarks of DigiTar in the U.S. and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

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This page was last modified on 25 July 2005, at 20:04. - This page has been accessed 30,795 times. - Terms of Use - All Content © 2012 DigiTar
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