C. CONDITIONS AND RESTRICTIONS ON USE.
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.
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 ("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.
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 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 firstname.lastname@example.org.
h. Send written communication to the following contact:
900 Cummings Center, Suite 314T
Beverly, MA 01915
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 email@example.com.
f. Send written communication to the following address:
900 Cummings Center, Suite 314T
Beverly, MA 01915
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.
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.
Q. ABILITY TO ACCEPT TERMS OF SERVICE.
R. US GOVERNMENT ENTITIES.
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.
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.
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 firstname.lastname@example.org.
Last Updated: 2018-05-23