Terms and Conditions
C. CONDITIONS AND RESTRICTIONS ON USE.
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.
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:
- 1. Harass, stalk, defame, abuse, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- 2. Post, upload or disseminate any obscene, indecent, profane, defamatory or other inappropriate or illegal material.
- 3. Use the Services in connection with surveys, contests, raffles, games, “pyramid schemes,” chain letters, junk email, spamming or any duplicative or unsolicited messages.
- 4. Collect or store personally identifying information about other users for commercial or unlawful purposes.
- 5. Make any sexual request on behalf of or to a minor or harm minors in any other way.
- 6. Impersonate anyone.
- 7. Employ misleading addresses or false information.
- 8. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary approvals.
- 9. Use any material or information, including without limitation images or photographs, which are made available through the Services in any manner that infringes anyone’s proprietary right.
- 10. Upload, post, e-mail or otherwise transmit files that contain so-called viruses, Trojan horses, worms, time bombs, trap doors, corrupted files, or any other similar software or programs that may damage the operation of anyone’s computer or property or adversely affect the quality, performance or functionality of the Services.
- 11. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Services specifically allow such messages.
- 12. Inhibit or restrict any other user from using and enjoying the Services.
- 13. Delete or falsify any copyright information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- 14. Download any file posted by another user of a Service that you know, or reasonably should know, may not be legally reproduced, displayed, performed, or distributed in such manner.
- 15. Violate any code of conduct or other guidelines which may apply to any particular Service.
- 16. Collect information about others, including e-mail addresses.
- 17. Violate any applicable laws or regulations, including without limitation regulations promulgated by the U.S. Securities and Exchange Commission, and rules of any national or regional securities exchange.
- 18. Use, download or otherwise copy, or provide (whether or not for a fee) to anyone any directory of users of the Services or other user or usage information.
- 19. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense any software employed in connection with Services.
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.
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.
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:
- “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
M. LIMITATION OF LIABILITY.
N. JURISDICTION AND APPLICABLE LAW.
P. ENTIRE AGREEMENT AND ADMISSIBILITY.
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.
S. COPYRIGHT NOTICE.
Copyright © 2011 Altova GmbH, Rudolfsplatz 13a/9, A-1020 Wien, Austria. All rights reserved.
Any rights not expressly granted herein are reserved.
Send your questions to office.
Later Updated: 2011-03-22