Terms of Use

A. INTRODUCTION.

Welcome to one of Altova’s web sites. Altova makes available a variety of resources, including content, the Forums, and other information (collectively the “Services”) through the sites. The Altova forum, the MobileTogether forum, and the MyCollections public sharing forum is referred to as the Forums. These Services are subject to the following Altova Terms of Use (“Terms of Use”), the Altova Privacy Policy, and the Altova Cookie Policy. These terms are not exhaustive and Altova reserves the right to modify them at any time, effective upon posting of the modified terms.

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. If you do not agree to these terms, you may not use the Services. 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.

Altova may terminate your use of the Services if you fail to comply with the Terms of Use or engage in any of the following activities,: (a) use the Services for any unlawful purpose; (b) use the Services for any purpose prohibited by the Terms of Use; (c) engage 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) violate any foreign, federal, state or local law or regulation; (e) use 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) attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to any Altova server, 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.

Altova’s termination of any user’s access to any or all Forums may be affected without notice and, on such termination, Altova may immediately deactivate or delete user’s account and/or bar any further access to such files. Altova shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. Altova reserves the right to delete, or not delete, a user’s account at Altova’s sole discretion, as well as to delete, or not delete, Content at Altova’s sole discretion. Content includes MyCollection collection, software, code, schemas, style sheets, source code, scripts, information, data, ideas, text, software, music, sound, photographs, graphics, video, audiovisual combinations, notes, messages, concepts, trademarks, service marks, or any other materials you may view on, access through, or contribute to the Forums.

D. REGISTRATION AND PRIVACY.

Some 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::

  • 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 ("Altova 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 Altova Software (“Altova End User License Agreement") governs its use. An end user will be unable to install any Altova Software that is accompanied by or includes an Altova End User License Agreement unless he or she first agrees to its 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 ALTOVA SOFTWARE TO ANY OTHER LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE APPLICABLE ALTOVA END USER 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 ALTOVA 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 ALTOVA END USER LICENSE AGREEMENT, ALTOVA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE ALTOVA 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. ALTOVA DOCUMENTS AVAILABLE ON THIS WEB SITE.

Altova grants you permission to use Altova-created 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. This provision does not relate to third party Content. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties.

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, share, input or submit to any Services for review by anyone (each a "Submission" and collectively "Submissions"). However, by posting, uploading, sharing, 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, share, 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.

If you object to a Submission, you may “flag” or “report” the Submission to Altova by clicking the icon indicating same. You will then be prompted to state the good faith reason for the objection and provide sufficient information for Altova to contact you to request additional information, if applicable. Additionally, you may use the DMCA Take Down Procedure discussed below.

Altova permits users to post hypertext links to content hosted and maintained by third parties. Although linked sites are not generally reviewed by Altova’s moderators, links are subject to treatment like any other type of content posted to the Forums. You may not include a link in the Forums that directs users to any content or information that, if posted in the Forums, would constitute a violation of these terms. Viewing any linked site, including those controlled by Altova, is at your own risk. You should use your own judgment before you use any link or access any linked site. When leaving the Forums using a link provided by a user, you should be aware that Altova’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies of that site. If you access a linked site and find that material to be in violation of these terms, you may report the link as described below. Altova makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hypertext link from the Forums.

We encourage you to use caution and not reveal information that you do not want to make public in your postings. Any personal information that you post can be obtained and used by others. Anything you post in the Forums you post at your own risk. You use the Forums at your own risk. In any online forum like Forums, it is not possible to be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.

I. REGISTRATION FOR FORUMS.

You are not obligated to register in order to access the Forums and read the message boards. However, registration (via provision of a valid email address, user name and password) and login are required in order to post to the message boards, share Content and adjust user settings. Altova will handle all information received from you in accordance with the Altova Privacy Policy and Altova Cookie Policy but does reserve the right to release information as set forth therein and below. When you register, you will also be asked to enter some personal information. Please keep in mind when choosing a user name and filling out your profile that whenever you post to a message board your user name and a link to your profile and online status will appear when you are on the Forums. Your profile may display historical information such as “joined,” “last visit” or number of posts. Altova may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person or entity, is vulgar or otherwise offensive, or that Altova rejects for any other reason at our sole discretion. In consideration of your use of the Forums, you agree that all information provided in your profile is accurate, true, current and complete.

You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Altova immediately of any breach of security or unauthorized use of your account. Although Altova will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Altova or others due to such unauthorized use.

Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Altova, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Forums. No user shall transmit Content or otherwise conduct or participate in any activities on the Forums that, in the judgment of Altova, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. Altova reserves the right, in its sole and absolute discretion, to refuse or delete any Content at any time. Altova shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate this Agreement or be otherwise illegal. Altova, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Altova to protect the rights, property, or personal safety of the Forums’ users and the public.

Altova does not control the Content posted to the Forums and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Altova be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Forums. Each user, by using the Forums, may be exposed to Content that is offensive, indecent or objectionable and hereby do waive any legal or equitable rights or remedies you have or may have against Altova with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Altova, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Forums. Each user must evaluate and bear all risks associated with the use of any Content including any reliance on the accuracy, completeness, or usefulness of such Content.

By sending or transmitting to Altova Content or by posting such Content to any area of the Forums, you grant Altova and Altova’s designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed. If submitted with Content or as part of your registration, you hereby grant Altova permission to display your logo, trademarks and company name on the Forums and in press and other public releases or filings. Further, by submitting Content to Altova, you acknowledge that you have the authority to grant such rights to Altova. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.

J. DIGITAL MILLENNIUM COPYRIGHT ACT.

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material (e.g., the URL);

d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

e. Include the following statement: “I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law.”

f. Include the following statement: “The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

g. Send electronically-signed communication to legal@altova.com.

h. Send written communication to the following contact:

Altova, Inc.
900 Cummings Center, Suite 314T
Beverly, MA 01915
USA

Attention: DMCA Notice - General Counsel

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

K. DCMA COUNTER-NOTIFICATION PROCEDURE.

After receiving a notification of alleged infringement, Altova will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, Altova will provide the poster of the contested material with a copy of the notice. The provider of the affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter notification the provider of the affected material must provide a written communication (by postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

a. Identify the material that Altova has removed or to which Altova has disabled access and the location at which the material appeared before it was removed or access to it was disabled (e.g. the URL).

b. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in Massachusetts (if your address is outside of the United States, for any judicial district in which Altova may be found, and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.

c. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

d. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to Altova.

e. Send electronically or digitally-signed communication to legal@altova.com.

f. Send written communication to the following address:

Altova, Inc.
900 Cummings Center, Suite 314T
Beverly, MA 01915
USA
Attention: DMCA Notice - General Counsel

Upon receipt of a counter notification in substantial compliance with the DMCA, Altova will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification. After receipt of the counter notification, Altova will generally replace the removed material and cease disabling access to it, unless Altova’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.

Altova is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, Altova expects you to resolve trademark disputes directly with the Content provider rather than utilizing Altova as an intermediary.

L. WARRANTY DISCLAIMER.

YOU AGREE THAT YOUR USE OF SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALTOVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. ALTOVA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED THERETO AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ALTOVA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALTOVA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

M. LIMITATION OF LIABILITY.

IN NO EVENT SHALL ALTOVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALTOVA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ALTOVA SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Services controlled and offered by Altova from its facilities in Vienna, Austria. Altova makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

N. INDEMNITY.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Altova, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Forums.

O. UNSOLICITED IDEAS.

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 Altova will have no obligations to you with respect to such ideas or materials or their disposition.

P. TRADEMARKS.

Altova possesses rights in the United States, the EU, and elsewhere in its trademarks, service marks, trade names, designs, logos and other trade dress used in connection with the Software, Services, and Documents. No use of any Altova trademark, service mark, trade name, design, logo or other trade dress may be made without the prior, written authorization of Altova. Except as permitted by these Terms of Use, nothing contained in the site should be construed as granting, by implication, estoppel or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of Altova. Company, product and service names mentioned in the web site that are not owned by Altova are trademarks or service marks of their respective owners.

Q. ABILITY TO ACCEPT TERMS OF SERVICE.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then you may not use the Services.

R. US GOVERNMENT ENTITIES.

Notwithstanding the foregoing, if you are an agency, instrumentality or department of the federal government of the United States, then this Terms of Use shall be governed in accordance with the laws of the United States of America, and in the absence of applicable federal law, the laws of the Commonwealth of Massachusetts will apply. Further, and notwithstanding anything to the contrary in this Agreement (including but not limited to Section N (Indemnification)), all claims, demands, complaints and disputes will be subject to 28 U.S.C. §516 (Litigation reserved for DOJ), the Contract Disputes Act (41 U.S.C. §§7101 et seq.), the Tucker Act (28 U.S.C. §1346(a) and §1491), or the Federal Tort Claims Act (28 U.S.C. §§1346(b), 2401-2402, 2671-2672, 2674-2680), FAR 1.601(a) and 43.102 (Contract Modifications); FAR 12.302(b), as applicable, or other applicable governing authority. For the avoidance of doubt, if you are an agency, instrumentality, or department of the federal, state or local government of the U.S. or a U.S. public and accredited educational institution, then your indemnification obligations are only applicable to the extent they would not cause you to violate any applicable law (e.g., the Anti-Deficiency Act), and you have any legally required authorization or authorizing statute.

S. JURISDICTION, CHOICE OF LAW, AND VENUE.

If you are located in the European Union and are using the Services in the European Union, then this Agreement will be governed by and construed in accordance with the laws of the Republic of Austria (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with Altova or relating in any way to your use of the Services resides in the Handelsgericht, Wien (Commercial Court, Vienna) and you further agree and expressly consent to the exercise of personal jurisdiction in the Handelsgericht, Wien (Commercial Court, Vienna) in connection with any such dispute or claim.

In all other circumstances this Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with Altova or relating in any way to your use of the Services resides in the federal or state courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the federal or state courts of the Commonwealth of Massachusetts in connection with any such dispute or claim.

T. NOTICE TO EUROPEAN USERS.

Please note that the information collected as part of use and registration with the Services and/or any other personal information of the user may be transferred outside of the European Economic Area, for purposes of processing, analysis, and review, by Altova, Inc., a company located in Beverly, Massachusetts, USA, or its subsidiaries or Altova’s subsidiaries or divisions, or authorized partners, located worldwide. You are advised that the United States uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. You are further advised that the Council of the European Union has found that this model does not provide "adequate" privacy protections as contemplated by Article 25 of the European Union's Data Directive. (Directive 95/46/EC, 1995 O.J. (L 281) 31). Article 26 of the European Union's Data Directive allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country's level of protection. By agreeing to this Agreement, you consent to the transfer of all such information to the United States and the processing of that information as described in this Terms of Use, the Altova Privacy Policy, and the Altova Cookie Policy.

U. 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.

V. TRANSLATIONS.

Where Altova has provided you with a foreign translation of the English language version, you agree that the translation is provided for your convenience only and that the English language version will control. If there is any contradiction between the English language version and a translation, then the English language version shall take precedence.

W. MISCELLANEOUS.

Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time. Altova reserves the right to share or transfer personal information and aggregate information to a third party should Altova ever file for bankruptcy or in the event of a sale, merger, transfer or acquisition of all or a material part of Altova. If any provision of the Terms of Use is unlawful, void or unenforceable, the remaining provisions of the Terms of Use will remain in place. These Terms of Use constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. The Terms of Use is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Please report any violations of the Terms of Use (except for claims of intellectual property infringement) to legal@altova.com.

X. COPYRIGHT NOTICE.

Copyright © 2018 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@altova.com.

Last Updated: 2018-05-23