Evaluation Software
Terms Of Use
This Agreement (the "Agreement") governs your access and use of Abiliteam evaluation Software. The software is provided as a free service for the sole purpose of evaluation, and while it is fully functional, any commercial use of it is restricted.
1. REGISTRATION
To take advantage of the Software's full capabilities users must register. If you choose to register, you agree that you will supply Abiliteam with the information requested in the registration process, ensure that the information supplied is accurate, and update the information as necessary to ensure that it remains accurate. Information supplied in the registration process, as well as other information provided to Abiliteam during your use of the Software is governed by Abiliteam's privacy policy that can be viewed at http://www.abiliteam.com/legal/privacypolicy.shtml. As part of the registration process, you may be asked to select a password for your individual account. Your password will not work until you have validated your account by responding to the email you will receive following registration. You are solely responsible for maintaining the confidentiality of your password. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password. You are encouraged to and may change your password at any time by visiting User Preferences menu of the application.
2. CONTENT ADDED WITH THE SOFTWARE
Ability Shows contains a variety of information, documents, pictures, audio/visual works and other materials (the "Content") that the users adds. Please use caution and common sense when adding your material. Abiliteam communities. You understand and agree that any Content added to shows is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Software. You acknowledge that Abiliteam is not responsible for, does not control, does not endorse and does not verify the Content added to the shows you create, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. Under no circumstances will Abiliteam be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Software.
You acknowledge that Abiliteam does not pre-screen Content, but agree that Abiliteam shall have the right (but not the obligation) to access and remove or restrict access to any Content on the Software in its sole discretion and without notice or compensation. Without limiting the foregoing, Abiliteam shall have the right to access any board and remove or restrict access to any Content that violates this Agreement or that Abiliteam believes is otherwise objectionable. You acknowledge and agree that Abiliteam may preserve or disclose any Content.
3. LICENSE GRANTED TO ABILITEAM
You grant Abiliteam the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Software, for the purposes of displaying such information on Abiliteam's sites and for the promotion and marketing of Abiliteam's Softwares. However, Abiliteam will not resell, attempt to resell, or otherwise convey these rights to any third party.
4. USAGE CONDUCT
You agree to not use the Software to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights (c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted Software, music, photographs, text, videos or artwork; (4) constitutes material that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains Software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer Software or hardware or telecommunications equipment; or (7) you do not have a right to upload or post due to contractual or other legal obligation. (d) impersonate any person or entity, including, but not limited to, an Abiliteam official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Software; (f) interfere with or disrupt the Software, computer servers or boards accessible through the Software; If you do use the Software to commit any of the above, Abiliteam may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Software, and remove and discard any Content within the Software.
5. MODIFICATION AND TERMINATION OF SOFTWARE
Abiliteam reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part of it) with or without notice. You agree that Abiliteam shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Software. You agree that Abiliteam, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Software, and remove and discard any Content within the Software, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Software may be immediate and without prior notice. You further agree that Abiliteam shall not be liable to you or any third-party for any termination of your use or ability to access the Software.
6. OTHER WEB SITES AND RESOURCES
Third parties using the Software may provide links or access to other web sites and resources. Because Abiliteam has no control over such sites and resources, you acknowledge and agree that Abiliteam is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Abiliteam shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Softwares available on or through any such site or resource.
7. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SOFTWARE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Software, access to the Software or any of the Content accessible through the Software, other than Content as to which you hold the intellectual property rights.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE Software IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ABILITEAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) ABILITEAM MAKES NO WARRANTY THAT (i) THE Software WILL MEET YOUR REQUIREMENTS, (ii) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Software IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY BY ABILITEAM.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABILITEAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ABILITEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY OTHER MATTER RELATING TO THE SOFTWARE.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
11. INDEMNITY
You agree to indemnify and hold Abiliteam, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Software, your use of the Software, your violation of the law, this Agreement or the rights of another.
12. NOTICES
Notices to you may be made via either email or regular mail. Abiliteam may also provide notices of changes to this Agreement or the Software by displaying notices or links to notices to you generally on the Software.
13. LEGAL DISPUTES
This Agreement and your relationship with Abiliteam shall be governed by the laws of Sweden without regard to its conflict of law provisions. You and Abiliteam agree to submit to the personal and exclusive jurisdiction of the courts located within Sweden agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. MODIFICATION
We may amend this Agreement at any time by posting the amended terms on our site at http://www.abiliteam.com/legal/termsofuse.shtml. All amendments shall automatically be effective 30 days after they are initially posted on our site. Your use of the Software following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of Abiliteam. This Agreement was last modified on May 14, 2004.
15. OFFICIAL LANGUAGE - ENGLISH
This AGREEMENT AND THE ABILITEAM site is developed in English and MAY BE translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE ABILITEAM SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES. Abiliteam is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read AND UNDERSTAND the English text.
