3. Description of services
Through its network of Web properties (as defined in section 8), Avanquest Software provides you with access to a variety of services such as software (downloadable on our websites, pre-installed on a device, downloadable on a third party website, software as a service (SaaS), obtained on a physical medium such as, but not limited to formats such as CD, DVD, Blu-ray, memory stick), resources, including download areas, communication forums, product information, including any updates, enhancements, new features, and/or the addition of any new Web properties (collectively referred to as "Services"), that are subject to the TOU and to the End Users License Agreement contained in section B (the "License Agreement").
4. Restrictions on use
As a condition of your use of this Website and any of the Services, you agree:
- not to use the Website for any purpose that is unlawful under applicable law, or prohibited by the terms and conditions of the TOU and the License Agreement;
- not to defame or disparage any other person, both physical and legal, or make comments of an obscene, derogatory or offensive manner or otherwise use this Website and/or the Services or their content in a way that brings
- not to create derivative works from, or exploit in any way, this Website and/or the Services or their content except as permitted by Avanquest Software under the TOU and the License Agreement or as expressly provided under applicable law;
- not to use this Website and/or the Services to distribute viruses or malware or other similar harmful software code;
- not to represent or suggest that Avanquest Software endorses any other business, product or service unless we have separately agreed to do so in writing; and
- that you are solely responsible for all costs and expenses you may incur in relation to your use of this Website and/or the Services and shall be solely responsible for keeping your password and other account details confidential.
Avanquest Software reserves the right to prevent or suspend your access to this Website and/or the Services if you do not comply with any part of the TOU or any applicable law.
Avanquest Software does not assume any liability or any financial and legal responsibility resulting from a misusage of our software and online services other than the intended fair use.
The same applies to any document, created or modified by our software and online services, that results in a misleading information that would harm or deceive.
You are solely responsible for the use that you make of our software product, and you will indemnify us against all losses resulting from your use of our software and legal services. See EULA
5. Privacy and protection of personal information
6. Reproduction or redistribution
COPYING OR REPRODUCTION OF ANY SOFTWARE INCLUDED IN THE SERVICES TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
ANY SOFTWARE AND SERVICES ARE SUBJECT TO LIMITED WARRANTY, IF AT ALL, ONLY IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT . EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Avanquest Software HEREBY DISCLAIMS ANY WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, Avanquest Software MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Avanquest Software DOES NOT MAKE ANY REPRESENTATION WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE AND/OR DOWNLOAD OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS WHEN USING OR DOWNLOADING THE TOOLS AND UTILITIES MADE AVAILABLE.
7. Notice specific to documents available on this website
Avanquest Software grants you permission to use documents (such as white papers, press releases, datasheets and FAQs) which result from use of the Services, provided however that: (1) the below copyright notice appears in all copies, (2) use of such documents is for informational, non-commercial and personal use only and will not be copied or posted on any network computer or broadcast in any media (unless otherwise permitted under the License Agreement) and (3) no modifications of any documents are made. Notwithstanding the above, accredited educational institutions, such as K 12, universities, private/public colleges, and state community colleges, may download and reproduce the documents for distribution in the classroom. Distribution outside the classroom requires our prior and express written permission. Use for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Avanquest Software will exercise all of its rights and recourses against violators to the maximum extent possible.
Documents specified above do not include the design or layout of this Website or any other Avanquest Software owned, operated, licensed or controlled website ("Web Properties"). Elements of Web Properties 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 Web Properties may be copied or retransmitted unless expressly permitted by Avanquest Software.
8. No representation
Avanquest Software AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THIS WEBSITE, IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE AND/OR RELATED TO THE SERVICES. ALL SUCH INFORMATION, DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Avanquest Software 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, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Avanquest Software AND/OR ITS REPRESENTATIVES AND 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 THIS WEBSITE AND/OR THE SERVICES. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE AND/OR RELATED TO THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. Avanquest Software 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.
9. Notices regarding services available on the websites owned and operated by Avanquest Software
IN NO EVENT SHALL Avanquest Software AND/OR ITS REPRESENTATIVES AND SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, 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 THIS WEBSITE AND/OR THE SERVICES OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS WEBSITE AND/OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE LIMITATIONS OF LIABILITY IN THE LICENSE AGREEMENT , WHICH REPRESENT THE AMOUNT PAID FOR THE LICENSED SOFTWARE OR IN ALL OTHER CASES THE AMOUNT YOU PAID US FOR THE SERVICES.
10. User account, password and security
11. Temporary Storage
Avanquest Software may, from time to time, but for a maximum period of 24 hours, store any documents and/or information provided by you when using the Services. This temporary storage is offered to avoid the loss of your data in case of failure of Internet connection. Such temporary storage is subject to the provisions set forth in section 9.
12. Prohibited Use
As a condition of your use of this Website and/or the Services, you will not act in any manner that could damage, disable, overburden, or impair any Avanquest Software server, or the networks connected to any Avanquest Software server, or interfere with any other party's use and enjoyment of this Website and the Services. You may not attempt to gain unauthorized access to this Website and/or any Services, other accounts, computer systems or networks connected to any Avanquest Software server or to any Web Properties and/or 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 to legitimate users through this Website and/or the Services.
13. Links to third party sites
THE LINKS IN THIS SECTION WILL LET YOU LEAVE THIS WEBSITE. THE LINKED WEBSITES ARE NOT UNDER THE CONTROL OF Avanquest Software, Avanquest Software IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, OR ANY CHANGES OR UPDATES TO SUCH WEBSITE. Avanquest Software IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED WEBSITE. Avanquest Software IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Avanquest Software.
14. Governing Laws
All Trademarks belong to Avanquest Software and/or its respective suppliers or partners. Any rights not expressly granted herein are reserved.
© 2021 Avanquest Software. All rights reserved.