Terms and Conditions

TERMS

A. INTRODUCTION.

Welcome to the Altova web site. Altova makes available a variety of resources (collectively the “Services”) through this site. These Services are subject to the following terms of use (“Terms of Use”), which are legal obligations. The Services include any updates, new features, enhancements and the addition of new web properties.

B. ACCEPTANCE OF TERMS OF USE.

By using the Services, you agree to be bound by, and to comply with, these Terms of Use and any other rules or guidelines which we may implement for any individual web site or Service. Altova reserves the right to update these Terms of Use at any time without notice to you. You may review the most current version of the Terms of Use by clicking the hypertext link located at the bottom of our web pages.

C. CONDITIONS AND RESTRICTIONS ON USE.

If you fail to comply with the Terms of Use, or if you engage in any of the following activities, Altova may terminate your use of the Services: (a) using the Services for any unlawful purpose; (b) using the Services for any purpose prohibited by the Terms of Use; (c) engaging in any conduct that Altova, in its sole discretion, believes is or may be harmful to another user or to any other party, directly or indirectly; (d) violating any foreign, federal, state or local law or regulation; (e) using the Services in a manner that could impair, disable, overburden or damage any Altova server, or the network(s) connected to any Altova server, or interfere with any other party’s use and enjoyment of any Services; (f) attempting to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Altova server or to any of the Services, through hacking, password mining or any other means. In addition, Altova may terminate any user’s access for any reason or no reason at all in its sole discretion, with or without prior notice.

D. REGISTRATION AND PRIVACY.

Certain of the Services may require you to register. You will provide us with current, complete and accurate information as prompted by the applicable registration form. You agree to update this data when necessary to keep it current and accurate. You will be solely responsible for choosing and maintaining in confidence your password and user name. Altova will not be responsible should someone else use your password or account, and you agree to notify Altova promptly of any unauthorized use of your account or other breach of security.

All registrations become Altova’s exclusive property, and Altova reserves the right to use all registrations and personally identifiable user information, subject to Altova’s Privacy Policy. Please click here to review our complete Privacy Policy.

E. USE OF SERVICES.

The Services are for your personal use, only, except where otherwise expressly provided. The products, services, software and information obtained from the Services may not be sold, transferred, licensed, reproduced, displayed, published, distributed, copied, performed or modified by you, or used to create derivative works.

You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service. As examples of improper use, you agree not to:

Altova is not required to monitor the Services. However, Altova reserves the right to review and remove materials posted to the Services in its sole discretion.

In its sole discretion, Altova may disclose any information it deems necessary or appropriate to satisfy any applicable law, regulation, legal process or governmental request, or refuse to post, remove or edit any materials, in whole or in part.

F. SOFTWARE AVAILABLE ON THIS WEB SITE.

Any software that is made available to download from the Services ("Software") is the work of Altova and/or its suppliers and is protected by copyright, trademark and other applicable laws.. The end user license agreement, if any, which accompanies or is included with the Software ("License Agreement") governs its use. An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the terms of the License Agreement.

COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE APPLICABLE LICENSE AGREEMENT. VIOLATORS WILL BE PROSECUTED TO THE MAXIMUM EXTENT OF THE LAW.

ALTOVA MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ALTOVA MAKES NO ASSURANCES AS TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.

EXCEPT AS MAY BE WARRANTED IN THE LICENSE AGREEMENT, ALTOVA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.

G. DOCUMENTS AVAILABLE ON THIS WEB SITE.

Altova grants you permission to use documents (such as white papers, press releases and FAQs) from the Services (“Documents”), provided that (1) the copyright notice shown below appears in all copies and that both the copyright notice and this permission notice appear, (2) no modifications of any Documents are made and (3) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media. Accredited educational institutions may download and reproduce the Documents for distribution in the classroom, but distribution outside the classroom requires prior written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

ALTOVA AND ITS 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. ALTOVA AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING WITHOUT LIMITATION ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALTOVA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS INFORMATION OR THE PROGRAMS DESCRIBED HEREIN AT ANY TIME.

Documents specified above do not include the design or layout of the altova.com web site, xmlspy.com web site, nanonull.com web site, or any other Altova owned, operated, licensed or controlled site. Elements of Altova web sites 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 Altova web site may be copied or retransmitted unless expressly permitted by Altova.

H. POSTED MATERIALS

Altova does not claim ownership of the materials you provide to Altova or post, upload, input or submit to any Services for review by anyone (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Altova, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including without limitation all Services), including without limitation 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 to sublicense such rights to any supplier of the Services.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission, including without limitation all rights necessary for you to provide, post, upload, input or submit the Submissions.

No compensation will be paid with respect to the use of your Submission, as provided herein. Altova is under no obligation to post or use any Submission you may provide, and Altova may remove any Submission at any time in its sole discretion.

In addition, by Posting a Submission that contains images, photographs, pictures or that is otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or the copyright owner 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 of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) any person depicted in such Images has provided consent to the use of the Images as set forth in these Terms of Use, including without 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 Image available to members of such private community), and (b) to the general public (for each such Image 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 Use, of any of the Services, 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 end when you 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 completely remove such Images. No compensation will be paid with respect to the use of your Images.

I. UNSOLICITED IDEA SUBMISSION POLICY.

Altova does not accept or consider unsolicited ideas or work, including without limitation ideas for new promotions, new products or technologies. To avoid potential misunderstandings or disputes when Altova’s products or marketing strategies might seem similar to ideas submitted to Altova, please do not send your unsolicited ideas to Altova or anyone at Altova. If, despite our request, you still send them, please understand that your ideas and materials will not be treated as confidential or proprietary, and we will have no obligations to you with respect to such ideas or materials or their disposition.

J. LINKS TO THIRD PARTY SITES.

The links in this area will let you leave Altova’s site. Altova is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Altova of the site. The linked sites are not under Altova’s control, and Altova is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Altova is not responsible for webcasting or any other form of transmission received from any linked site.

K. TRADEMARKS.

Altova, XML Spy, XSLT Designer, Markup Your Mind!, NanoNull, and/or other Altova products referenced herein are either registered trademarks or common law trademarks of Altova GmbH in the U.S., the European Union 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, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

L. INDEMNITY AND RELEASE.

By using the Services, you agree to indemnify and defend Altova and its affiliates, owners, officers, directors and employees and hold them harmless from and against any and all claims and expenses, including reasonable attorneys’ fees, arising from your use of the Services or from any person’s use of any account or password you maintain, regardless of whether such use is authorized by you. Furthermore, by using the Services, you agree to release Altova and its affiliates, owners, officers, directors and employees from any and all claims, demands, debts, obligations, damages, costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Services. YOU HEREBY AGREE TO WAIVE ALL LAWS WHICH MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CODE SECTION 1542, WHICH PROVIDES:

M. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALTOVA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE 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 SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, EVEN IF ALTOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ALTOVA'S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO U.S. $50.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Altova’s liability shall be limited to the greatest extent permitted by law.

N. JURISDICTION AND APPLICABLE LAW.

If the dispute arises out of the laws of the European Union, then the laws of Austria governs these Terms of Use and you hereby consent to jurisdiction to the courts located in Vienna, Austria. If the dispute arises out of the laws of any other country, including the United States, then the laws of the Commonwealth of Massachusetts govern these Terms of Use, and you hereby consent to the jurisdiction to the state or federal courts located in Essex County, Massachusetts.

O. CHANGES TO THESE TERMS OF USE.

Altova reserves the right at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the site after any changes to the Terms of Use or other policies means you accept the changes.

P. ENTIRE AGREEMENT AND ADMISSIBILITY.

This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and Altova with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Q. SEVERABILITY.

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

R. ELECTRONIC COMMERCE (EC DIRECTIVE) REGULATIONS.

The Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2103) (as may be amended from time to time) shall to the fullest extent permitted by law be excluded from these Terms of Use where you are using this web site in the course of your trade, business or profession.

S. COPYRIGHT NOTICE.

Copyright © 2011 Altova GmbH, Rudolfsplatz 13a/9, A-1010 Wien, Austria. All rights reserved.

Any rights not expressly granted herein are reserved.

Send your questions to office.

Later Updated: 2011-03-22