Please read this agreement carefully as it contains important information regarding your legal rights, remedies, and obligations when you use SoftwareTrends.com (the “Site”). Each time you use the Site, your use indicates your full acceptance of and agreement to abide by this agreement in its then current form. If you do not accept the terms and conditions stated in this agreement, do not use the Site.
1.1 This agreement governs your use of the website operated by SoftwareTrends, and the related services (collectively, the “Services”). Additional terms and conditions of use applicable to specific areas of the Services may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional terms and conditions, are referred to as this “Agreement”. SoftwareTrends’ relationship with its vendors, service providers and business clients are governed by separate contracts and not this Agreement.
1.2 SoftwareTrends reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Services. Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by SoftwareTrends as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Services.
As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. If you register to use some or all of the Services, SoftwareTrends will issue to you certain passwords and user identification numbers for access to certain areas of the Site. You agree not to disclose such passwords and user identification numbers issued to you to any third party.
In order to use certain SoftwareTrends Services, you will be required to register with SoftwareTrends for such Services. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SoftwareTrends has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SoftwareTrends has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
2. Use of Content
2.1 You acknowledge that the Services contain information, software, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of SoftwareTrends or third parties. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Businesses, organizations or other legal entities may not become Members and are not permitted to use the Services for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services.
In many cases, users are invited to submit Content, which includes but is not limited to such items as documents, source code, product reviews and ratings, topical questions or responses submitted through the SoftwareTrends professional network or other forums, to SoftwareTrends for publication, circulation, or distribution. SoftwareTrends does not claim ownership of Content submitted, but by submitting such Content users grant SoftwareTrends a nonexclusive, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense submitted Content.
Individuals submitting Content certify that they own the Content being submitted, or otherwise have the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets or other proprietary rights.
Individuals submitting Content certify that their submissions (including but not limited to source code) contain no elements and produce no results that are defamatory, obscene, or in violation of any law. Individuals submitting Content further certify that their submissions contain no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses.
SoftwareTrends reserves the right to remove any Content at any time, with no obligation to notify the original submitter of the Content. Publication of any submitted Content is at the sole discretion of SoftwareTrends.
We may conduct surveys regarding our Site and Services and may use survey responses to create reports, which we may provide to our clients as a service. These survey reports are the proprietary of SoftwareTrends.
SoftwareTrends assumes no liability with respect to disputes among Members over Content ownership, copyright, or trademarks.
Digital Millennium Copyright Act (DMCA) Notice for submitting claims of copyright infringement
SoftwareTrends takes claims of copyright infringement seriously. We will respond to notices of alleged
copyright infringement that comply with applicable law. If you believe any materials accessible on or from SoftwareTrends’ websites infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
• Your physical or electronic signature;
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the written notice is accurate; and
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please send your DMCA Notice to our designated copyright agent at firstname.lastname@example.org or by mail to the following address:
SoftwareTrends (c/o PureB2B)
222 Rosewood Drive
Danvers, MA 01923
Attn: Copyright Agent
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice
may not be effective. Please be aware that if you knowingly materially misrepresent that material or
activity on SoftwareTrends’ Site is infringing your copyright, you may be held liable for damages
(including costs and attorneys’ fees) under Section 512(f) of the DMCA.
3. Rules of Conduct
While using the Site, Services, and any information or products contained on the Site, you agree to comply with all applicable laws, rules, and regulations. You agree to use our professional network, bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum. Without limiting any of the foregoing, you agree that you will not use our Site to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of another person or advocate any of the foregoing;
Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
Transmit files that contain viruses, worms, Trojan horses, corrupted files, or any other similar software or programs that may damage, disrupt, or adversely affect the operation of another person’s computer, the Sites, any software or hardware, or telecommunications equipment;
Advertise, promote, solicit, or offer to sell any goods or services for any commercial purpose unless you have our prior written consent to do so;
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
Download any file that you know or reasonably should know cannot be legally obtained in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
Restrict or inhibit any other user from using and enjoying any public area within our Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
Interfere with or violate any other Site user’s right to privacy; solicit, collect or store personal information about other users of the Site without their express consent;
Impersonate any person or entity, including, but not limited to, a SoftwareTrends representative, or falsely state or imply, or otherwise misrepresent your affiliation with a person or entity;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site;
Use the Site or the materials contained on the Site for any fraudulent or unlawful purpose.
Interfere with or disrupt our Site, servers, or networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
“Frame” or “mirror” any part of the Site without our prior written authorization.
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to access, monitor, copy, retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, any part of the Site, or its contents. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
4. Managing Content
SoftwareTrends reserves the right to delete, move or edit any Content (including material posted in any interactive area of the Services) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. However, SoftwareTrends does not and cannot review all of the Content posted by users on the Site and is not responsible for such Content. You shall remain solely responsible for all material that you post to our Site. Although SoftwareTrends reserves the right to remove any offending Content on the Site, you understand and agree that you nonetheless may be exposed to such Content and that you further waive your right to any damages (from any party) related to such exposure. Additionally, SoftwareTrends shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
SoftwareTrends may, but is not obligated to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. SoftwareTrends, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
SoftwareTrends does not make any endorsements of such communications nor representations that such communications are true and accurate. You should be cautious when acting on information provided by contributors to these chat rooms, bulletin boards and other forums. You should not rely upon the information and opinions of the chat rooms, bulletin boards or other forums.
5. No Endorsement
5.1 SoftwareTrends does not represent or endorse the accuracy or reliability of any Content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any interactive area by users represents the views of the user posting the statement and does not represent the views of SoftwareTrends.
5.2 The Services may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that SoftwareTrends is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
7. Termination of Services
SoftwareTrends reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, including the discussion areas, at any time for any reason without prior notice or liability. The terms of this Agreement shall survive any termination of your membership. SoftwareTrends may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content (including the professional network), without prior notice or liability.
8. Limitation of Liability
While we use reasonable efforts to include accurate and up-to-date information on the service, we make no representations as to the accuracy, quality, timeliness, availability, or completeness of the information, source code, documents, submitted content including questions and responses posted via SoftwareTrends professional network, or other materials available through the service, and you should not rely upon them. We provide the service on an “as is, as available” basis. You use it at your own risk, and SoftwareTrends, its employees, directors, and agents are not liable for any errors or omissions in its content or delivery, or for any form of loss or damage (including any consequential, indirect, incidental, special, or exemplary damages, even if known to us) that may result from its use. We expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement. No warranty not set forth in this agreement will be valid. If any of the above provisions are void under governing law, our liability shall be limited to the extent permitted by law.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Customer specifically acknowledges that SoftwareTrends is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with user.
SoftwareTrends shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. User hereby acknowledges that the provisions of this section shall apply to all content on the Site including content available through the Services.
9. System Outages
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for (i) the resulting unavailability of the Site; (ii) any loss of data or transactions caused by planned or unplanned system outages; (iii) the resultant delay, mis-delivery or non-delivery of information caused by such system outages, or (iv) any third party acts or any other outages of web host providers or the Internet facilities and network that is external to the Site.
10. Member Disputes
You are solely responsible for your interactions with other Members of the Services. SoftwareTrends reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.