Terms of Use

Please read these terms of use (the “Terms”) carefully before using the websites of Missionware Ltd and its subsidiaries (collectively “Missionware”).  By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics or photographs) that may make available through the websites (collectively, “Materials”) and any services that Missionware may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “Missionware Websites.”

MISSIONWARE reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Missionware Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.

These Terms, together with any additional terms to which you agree when using particular elements of the Missionware Websites, constitute the entire and exclusive and final statement of the agreement between you and Missionware with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Missionware with respect to such subject matter. These Terms and the relationship between you and Missionware shall be governed by the Cypriot laws as applied to agreements made, entered into and performed entirely in Cyprus by Cypriot residents, notwithstanding your actual place of residence. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Missionware Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Missionware. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Missionware without restriction.

Use of Software

To the extent that Missionware provides for the download of proprietary Missionware software or open source software from Missionware Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Missionware or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.

All evaluation Software is provided “AS IS” for evaluation and internal use only.  You may not use evaluation Software for commercial, development or production purposes.  In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.

Trademarks

Missionware reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Missionware will be collectively referred to as “Missionware Marks.”

The Missionware Marks are highly valued intellectual property, and therefore Missionware will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Missionware Marks or which are likely to cause confusion with Missionware Marks.

No employee or other representative of Missionware is authorized to grant permission to use Missionware Marks or to provide guidance in their use, unless licensed within a formal written agreement.  Thus, any promise or other representation with respect to Missionware Marks by a Missionware employee in the absence of a formal written agreement cannot be relied upon.

Missionware does not object to the use of the Missionware Marks (other than logos) to refer specifically to the products of Missionware.  However, a purely referential use or nominative fair use of the Missionware Marks must be in plain text.  Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.

Linking To MISSIONWARE Websites

Linking to the Missionware Websites (including an internal or subsidiary page of any website comprising a part of the Missionware Websites) must be approved in writing by Missionware, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

1.     does not utilize content of an Missionware Website;

2.     does not utilize an Missionware logo;

3.     does not use framing of an Missionware Website;

4.     does not misrepresent an affiliation or other relationship with Missionware;

5.     does not misrepresent any possible endorsement by Missionware;

6.     does not contain content that could be construed as illegal, distasteful, offensive or controversial; and

7.     is promptly modified to delete the hyperlink upon request by Missionware.

Copyright

Except where otherwise specified, the contents of the MISSIONWARE Websites are copyright (c) 2015 MISSIONWARE Ltd, 6A Kolokotroni, Limassol, PC 3032, Cyprus. All rights reserved.

The contents of the Missionware Websites are subject to protection under Cypriot, EU and foreign copyright laws. You may not copy or distribute any portion of the Missionware Websites, except as necessary to view the Missionware Websites.

Please direct any questions or comments to Missionware

Links to Third Party Sites

Links on the Missionware Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Missionware Websites. Missionware does not endorse or make any representations about such third party websites, and Missionware is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Missionware does not control those websites, and Missionware is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Anti-Piracy/License Compliance

Missionware protects its technology vigilantly and permits others to use it by virtue of license agreements.  The use or distribution of Missionware software without permission from Missionware is software piracy.  Missionware distributes and sells its product through a channel network of distributors and resellers worldwide.  Missionware does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators.  If you are contemplating or have obtained Missionware software through one of these avenues, you likely will find yourself with pirated software.  Please contact Missionware info@missionware.eu for assistance with your own or another’s unauthorized use of Missionware software.

Missionware also understands that some customers may have challenges with managing their software licenses.  In these instances, Missionware License Compliance team may assist by reviewing deployment records and reconciling them with Missionware’s internal entitlement records.  The goal of this program is to educate Missionware customers on the terms of their licenses with Missionware and to bring the entitlement records in line with usage.  Please contact Missionware License Compliance team with questions or issues about your company’s usage at info@missionware.eu .

Indemnification

You agree to indemnify, defend and hold harmless Missionware, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Missionware Websites or violation of these Terms. MISSIONWARE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Missionware’s defense of such claim, and in no event may you agree to any settlement affecting Missionware without Missionware’s written consent.

Electronic Communications

When you visit the Missionware Websites or send e-mails to Missionware, you are communicating with Missionware electronically. We may respond to you by e-mail or by posting notices on the Missionware Websites. You agree that all such notices, disclosures and other communications that Missionware provides to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimers

Information on the Missionware Websites is not promised or guaranteed to be correct, current or complete, and the Missionware Websites may contain technical inaccuracies or typographical errors. Missionware assumes no responsibility (and expressly disclaims responsibility) for updating the Missionware Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Missionware Websites. Missionware provides no assurances that any reported problems will be resolved by MISSIONWARE, even if Missionware elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE MISSIONWARE WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. MISSIONWARE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MISSIONWARE MAKES NO WARRANTY THAT THE MISSIONWARE WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE MISSIONWARE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL MISSIONWARE BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE MISSIONWARE WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF MISSIONWARE HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.