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Terms and Conditions |
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PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THIS WEB SITE.
The Triumphant Software, Inc. Web site (the "Web
site") is subject to the following terms and
conditions ("Terms of Use"). By using the Web site,
you signify your agreement to these Terms of Use. If
you do not agree to these Terms of Use, please do
not use the Web site.
Ownership, Copyright, and Trademark
Notices
Triumphant Software, Inc. Technologies Corporation
and its affiliates (“Triumphant Software, Inc.”) own
and operate the Web site. All information, text,
graphics, software, and other content that make up
the Web site ("Materials") are the property of
Triumphant Software, Inc. or its licensors. You
acknowledge that certain Materials available on the
Web site are protected by copyright, trademark,
patent, or other intellectual property rights of
Triumphant Software, Inc. and its licensors. Except
as expressly provided, nothing within the Web site
or Materials shall be construed as conferring any
license under any of Triumphant Software, Inc.'s or
its licensors' intellectual property rights, whether
by estoppel, implication, waiver, or otherwise.
Triumphant Software, Inc. grants you a limited,
personal, nontransferable, nonsublicensable,
revocable license to (a) access and use the Web site
and Materials only in the manner presented by
Triumphant Software, Inc. and as expressly permitted
by Triumphant Software, Inc.. Except as expressly
provided herein, you agree that you will not copy,
reproduce, alter, reverse engineer, modify, create
derivative works, or publicly display any Materials
from the Web site without the prior express written
permission of Triumphant Software, Inc..
Notwithstanding the foregoing sentence, you may
download one copy of any Material expressly
designated by Triumphant Software, Inc. as
downloadable for your personal, non-commercial use
only, provided you keep intact all copyright and
other proprietary notices. Any other use of the
Materials for any other purpose is a violation of
these Terms of Use and Triumphant Software, Inc.'s
or its licensors' copyright and other intellectual
property rights. Use of any such Material on any
other web site or networked computer environment is
strictly prohibited.
Trademarks, Service Marks, and Trade
Names
All trademarks, service marks, and trade names
appearing in the Web site are the property of
Triumphant Software, Inc. or the respective owners
of such marks or names, and are protected by U.S.
and international copyright and trademark laws. You
agree not to defame or disparage Triumphant
Software, Inc. and its trademarks, service marks,
and trade names, or any other aspect of the Web site
or the Materials. Any use of any of the trademarks,
service marks, or trade names appearing throughout
the Web site without the express written consent of
Triumphant Software, Inc. or the owner of the mark
or name, as applicable, is strictly prohibited.
In using the Web site, you further agree you will:
(1) not hold yourself out as in any way sponsored
by, affiliated with, or endorsed by Triumphant
Software, Inc. or its service providers, and (2) not
access, copy, or download portions of the Web site
that are not intended for the public, including, but
not limited to, any software and programs used in
connection with the Web site and the Materials.
Any rights not expressly granted in these Terms of
Use are reserved.
Spidering, Monitoring, and
Interference
You agree you will: (1) not use any robot, spider,
other automatic device, or manual process to monitor
or copy the pages of the Web site or the Materials
contained herein without the prior express written
permission of Triumphant Software, Inc.; (2) not use
any device, software or routine to interfere or
attempt to interfere with the proper working of the
Web site; and (3) not take any action that imposes
an unreasonable or disproportionately large load on
Triumphant Software, Inc.’s infrastructure.
Products And Pricing
All products sold as a result of accessing the Web
site will be subject to the then current version of
Triumphant Software, Inc.’s standard terms of sale
unless otherwise agreed by Triumphant Software,
Inc.. You agree that the prices, configurations and
availability of the Triumphant Software, Inc.
products may be subject to change by Triumphant
Software, Inc. at any time.
Links to other Internet Sites
The Web site may contain links to other internet
sites and services that are operated and maintained
by third parties. You acknowledge, understand and
agree that Triumphant Software, Inc. will not be
responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by
or in connection with the use of or reliance on any
such content, products or services available on such
other sites.
Links to the Web Site or Materials
Linking to any page of the Web site other than to
http://www.triumphantsoftware.com through a plain
text link is strictly prohibited in the absence of a
separate linking agreement with Triumphant Software,
Inc.. Any web site or other device that links to
http://www.triumphantsoftware.com or any page
available therein is prohibited from (a) replicating
Materials, (b) using a browser or border environment
around the Materials, (c) implying in any fashion
that Triumphant Software, Inc. or any of its
affiliates are endorsing it or its products, (d)
misrepresenting any state of facts, including its
relationship with Triumphant Software, Inc. or any
of its affiliates, (e) presenting false information
about Triumphant Software, Inc. products or
services, and (f) using any logo or mark of
Triumphant Software, Inc. or any of its affiliates
without express written permission from Triumphant
Software, Inc..
Triumphant Software, Inc. may restrict some areas of
the Site to authorized users only. Access to and use
of areas of the Site that are password-protected
and/or secure is restricted to such authorized users
only. Unauthorized individuals attempting to access
these areas may be subject to civil liability and
criminal penalties.
Changes
Triumphant Software, Inc. reserves the right to
modify, suspend, or discontinue any portion of the
Web site and Materials at any time, with or without
notice. Triumphant Software, Inc. reserves the right
to modify any part of these Terms of Use at any
time. Any modifications shall be effective upon
posting to the Web site. You agree to review these
Terms of Use periodically so that you are aware of
any such modifications. Your continued use of the
Web site after any such modifications have been
posted shall be deemed to be your acceptance of any
modifications to the Terms of Use. If, at any time,
the Terms of Use are not acceptable to you, you
should immediately cease use of the Web site. You
agree that the above-stated standard for notice of
modifications is reasonable.
WARRANTY DISCLAIMER
THE WEB SITE AND THE MATERIALS IT CONTAINS ARE
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, TRIUMPHANT
SOFTWARE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL
OR WRITTEN STATEMENTS BY TRIUMPHANT SOFTWARE, INC.,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE. TRIUMPHANT SOFTWARE, INC.
DOES NOT WARRANT THAT THE WEB SITE OR THE SERVER
THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU (AND NOT TRIUMPHANT
SOFTWARE, INC.) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION.
TRIUMPHANT SOFTWARE, INC. MAKES NO REPRESENTATIONS
OR WARRANTIES REGARDING (1) THE CURRENCY,
CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY,
AVAILABILITY, OR OPERATION OF THE WEB SITE AND THE
MATERIALS; (2) YOUR USE OF THE WEB SITE OR
MATERIALS; OR (3) ANY THIRD-PARTY PRODUCTS AND
SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEB SITE
YOU MAY ACCESS THROUGH THE WEB SITE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL TRIUMPHANT SOFTWARE, INC., ITS
SUPPLIERS, OR LICENSORS, THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND
EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE
DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR
UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR
ANY THIRD PARTY'S CLAIMS (INCLUDING, BUT NOT LIMITED
TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE
TO USE, OR INABILITY TO USE, THE WEB SITE, THE
MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED WEB
SITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES)
REGARDLESS OF LEGAL THEORY, EVEN IF TRIUMPHANT
SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE
LIABILITY WHICH TRIUMPHANT SOFTWARE, INC., ITS
SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS
SECTION WILL APPLY ONLY WHEN AND TO THE EXTENT THAT
APPLICABLE LAW REQUIRES LIABILITY DESPITE THIS
EXCLUSION AND LIMITATION.
Indemnity
You agree to indemnify and hold harmless Triumphant
Software, Inc., its suppliers and licensors, their
respective officers, directors, employees, agents,
and affiliates, and each of them from any
third-party claim, liability, loss, damage, cost, or
expense (including without limitation reasonable
attorneys’ fees) arising out of or related to your
use of the Web site or any Materials it contains;
your failure to comply with these Terms of Use; your
infringement, violation, or misappropriation of any
third party rights or any applicable law or
regulation.
Jurisdiction
The Web site is controlled and operated by
Triumphant Software, Inc. from its offices within
the State of California, United States of America.
Triumphant Software, Inc. makes no representation
that Materials in the Web site are appropriate or
available for use in other locations. Those who
choose to access the Web site from other locations
do so on their own initiative and are responsible
for compliance with local laws, if and to the extent
local laws are applicable. Use of the Web site is
unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms of Use,
including without limitation this paragraph.
General
These Terms of Use shall be governed by, and
construed in accordance with, the laws of the State
of California, United States of America without
regard to its conflicts of law principles.
Triumphant Software, Inc.'s performance of these
Terms of Use is subject to existing laws and legal
process, and nothing contained in these Terms of Use
shall derogate Triumphant Software, Inc.'s right to
comply with law enforcement requests or requirements
relating to your use of the Web site or information
provided to or gathered by Triumphant Software, Inc.
with respect to such use. If any provision of these
Terms of Use shall be unlawful, void, or for any
reason unenforceable, then that provision shall be
deemed severable from these Terms of Use and shall
not affect the validity and enforceability of any
remaining provisions. These Terms of Use constitute
the entire agreement between the parties relating to
the subject matter herein, and replace all prior or
contemporaneous communications, oral or written.
All requests for further
information or for permission to reproduce any
portions of the Materials should be directed to:
Triumphant Software, Inc., P.O. Box 891210,
Temecula, CA 92589, (888) 977-5673 [tel].
Date Last Modified: January, 2008.
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