Professional Documents
Culture Documents
ur User ID or password.
INDEMNIFICATION
The Company will not be liable for any unauthorized or fraudulent use of Your Us
er ID or password. You agree to indemnify, defend and hold harmless the Company
and its officers, directors, employees, affiliates and agents and any other serv
ice provider who furnishes services to you in connection with the Services, from
any and all claims, losses, damages and expenses (including attorneys fees) rela
ting to your use of the Software or the Services, including unauthorized or frau
dulent use of your User ID or password.
DISCLAIMER OF WARRANTIES
THE SOFTWARE AND/OR THE SERVICES MAY CONTAIN ERRORS, BUGS AND OTHER PROBLEMS WHI
CH COULD CAUSE SYSTEM CRASH OR FAILURE. THE COMPANY RESERVES THE RIGHT TO ALTER
THE SOFTWARE AND/OR THE SERVICES AT ANY TIME, AND ANY RELIANCE ON THE SOFTWARE A
ND/OR THE SERVICES OR THEIR QUALITY OR PERFORMANCE IS AT THE SOLE RISK OF THE US
ER. TO THE FULLEST EXTENT PROVIDED BY LAW, THE SOFTWARE AND THE SERVICES ARE PRO
VIDED "AS IS AND WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLI
ED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND THE SE
RVICES (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO SERVICES RELATING TO CORR
ECTIONS, PREDICTIONS OR TRANSLATION) IS ASSUMED FULLY AND EXCLUSIVELY BY YOU. TH
E COMPANY AND ITS THIRD PARTY LICENSORS, IF ANY, HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS
FOR A PARTICULAR PURPOSE, OF ACCURACY, RELIABILITY OR AVAILABILITY, OF RESULTS,
OF WORKMANLIKE EFFORT, OF FREEDOM FROM VIRUSES, INFECTIONS AND MALWARE, AND OF T
ITLE AND NON-INFRINGEMENT, ALL WITH RESPECT TO THE SOFTWARE AND SERVICES. IN PAR
TICULAR, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE S
ERVICE WILL MEET YOUR REQUIREMENTS, YOUR USE OF THE SERVICE WILL BE UNINTERUPTED
, TIMELY, SECURE OR FREE FROM ERROR, THAT ANY INFORMATION OBTAINED BY YOU AS A R
ESULT OF YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, WITH RESPECT T
O USE OF CORRECTIONS, PREDICTIONS OR TRANSLATION FEATURES INCLUDED IN THE SERVIC
ES, IF ANY) WILL BE COMPLETE, ACCURATE AND RELIABLE, AND THAT DEFECTS IN THE OPE
RATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES
WILL BE CORRECTED. . THE COMPANY AND ITS THIRD PARTY LICENSORS FURTHER EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES THAT THE SOFTWARE WILL NOT LOG OR RECORD PASSW
ORDS OR CONFIDENTIAL OR PERSONAL INFORMATION, NOR THAT THE SOFTWARE CANNOT BE HA
CKED BY A THIRD PARTY. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR
THE ACTIONS OF ANY THIRD PARTY IN MISUSING THE SOFTWARE TO ACCESS ANY INFORMATI
ON LOGGED AND/OR RECORDED BY THE SOFTWARE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS THIRD PARTY PROVIDERS OR THEIR RESPE
CTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE
LIABLE OR RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, DAMAGE OR EXPENSE
OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL,
EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, ATTORNEYS F
EES, LOST SAVINGS, LOST REVENUE OR BUSINESS, FOR ANY INTERRUPTION OF SERVICE OR
MALFUNCTION, ERROR OR LOSS OF USE OF THE SERVICES OR ANY CLAIM BY THE END USER O
R ANY OTHER PARTY, HOWEVER CAUSED, BASED ON ANY THEORY OF LIABILITY, WHETHER IN
TORT OR CONTRACT, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILIT
Y TO USE THE SOFTWARE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SU
PPORT FOR THE SOFTWARE OR THE SERVICES, THE PERFORMANCE OF THE SOFTWARE OR THE S
ERVICES OR ANY COMPONENTS THEREOF, HOWEVER CAUSED, EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. BY USING THE
COMPANY WEBSITE, YOU EXPRESSLY ASSUME ALL RISK THAT THE INFORMATION AND MATERIAL
S ON THE SITE MAY BE INCOMPLETE, INACCURATE, OUT-OF DATE, OR MAY NOT MEET YOUR N
EEDS OR REQUIREMENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE COMPANY S
AGGREGATE LIABILITY UNDER THE TERMS OF THIS EULA AND APPLICABLE LAW EXCEED THE A
MOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE SOFTWARE AND/OR THE SERVICES. THE EX
ISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT ENLARGE OR EXTEND THESE LIMITATI
ONS AND THE REMEDIES SET FORTH HEREIN AND THE SAME SHALL CONSTITUTE YOUR SOLE AN
D EXCLUSIVE REMEDIES FOR ANY CLAIM FOR DAMAGES ARISING IN ANY WAY OUT OF THIS EU
LA. IF YOU ARE SUBJECT TO A JURISDICTION IN WHICH ANY OF THE DISCLAIMERS OR LIMI
TATIONS OF LIABILITY HEREIN IS NOT VALID, YOU AGREE TO BE BOUND BY THE SAME TO T
HE MAXIMUM EXTENT PERMITTED BY SUCH LAW OR REGULATIONS.
YOUR SOLE AND EXCLUSIVE RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATIS
FACTION WITH THE SOFTWARE OR THE SERVICES IS TO TERMINATE THIS EULA UNDER THE PR
OVISIONS OF THE SECTION ENTITLED "TERMINATION" BELOW.
TERM AND TERMINATION
SOLELY FOR THE MONTHLY LICENSE: Unless earlier terminated as provided herein, an
y license shall be valid for 30 days from the date of payment of the license fee
and shall automatically terminate at the conclusion of such period, unless addi
tional license fee(s) are paid in accordance with the terms then made available
by the Company, in which case the license shall continue for the period for whic
h such license fee(s) were paid.
SOLELY FOR THE FREE LIMITED LICENSE: Unless earlier terminated as provided herei
n, any license shall be valid for the limited period specified by the Company up
on your download of the Software starting from the date you downloaded the Softw
are and shall automatically terminate at the end of such period, unless license
fee(s) are paid within such period in accordance with the terms then made availa
ble by the Company, in which case the license shall continue for the period for
which such license fee(s) were paid. You acknowledge and agree that the Company
may frequently and significantly update, change, redesign and/or replace the use
r interface and/or the user experience at any time in its sole discretion, inclu
ding frequently downloading and installing revisions and updates directly on you
r computer. You further acknowledge and agree that this free version is a limite
d version and as such your ability to use it is limited, including without limit
ation, you may not be able to use the Software in the same scope, capacity, func
tionality or otherwise in the manner that others who have paid for their license
s can use the Software and that features which are available in paid licenses ma
y not be included in this license, all as such limitations shall be determined b
y Company from time to time in its sole discretion. Among other limitations, Com
pany may limit your use of the Software to specific versions and/or limite the n
umber of corrections to which you are entitled in a certain period of time (e.g.
up to fifty (50) corrections per month), and, following the use of such limited
license and until the end of said period you shall not be entitled to further u
se of the free license. You hereby confirm that you have no claim with respect t
o any of the above limitations that may be imposed from time to time by Company.
You further agree and consent to the Software promoting the Company and its pro
ducts to you and otherwise, including but not limited to adding a Company banner
and/or a link to Company's website to certain or all items that interface with
the Software (e.g., email messages). The above provisions for the free limited l
icense are in addition to all other provisions of this EULA.
SOLELY FOR FREE UNRESTRICTED LICENSE: Unless earlier terminated as provided here
in, any license to any Software that is distributed for no license fee shall be
perpetual. You acknowledge and agree that the Company may frequently and signifi
cantly update, change, redesign and/or replace the user interface and/or the use
r experience at any time in its sole discretion, including frequently downloadin
g and installing revisions and updates directly on your computer. You further ac
knowledge and agree that some features which are available in other software pro
ducts of the Company may not be included in this license and you confirm that yo
u have no claim with respect thereto. In addition, you acknowledge and agree tha
t the Company may terminate this license at any time at its sole discretion and
that the Company is under no obligation to provide technical support under the t
erms of this EULA, and provides no assurance that any specific errors or discrep
ancies in the freely distributed Software will be corrected. You further agree a
nd consent to the Software promoting the Company and its products to you and oth
erwise, including but not limited to adding a Company banner and/or a link to Co
mpany's website to certain or all items that interface with the Software (e.g.,
email messages). The above provisions for the free license are in addition to al
l other provisions of this EULA.
FOR ALL LICENSES: This license and use of the Software pursuant to this EULA sha
ll be effective until expiration or earlier termination of this EULA. Without pr
ejudice to any other rights the Company may have, including available legal reme
dies, this EULA will terminate immediately and automatically if you fail at any
time to comply with the terms and conditions set forth herein. You may terminate
this EULA at any time by removing the Software from your system and destroying
all copies of the Software, including backups, on your hard drive(s) and other s
torage media. Upon termination of this EULA for any reason, the license granted
herein will automatically terminate and you (i) will cease to have and enjoy any
and all rights to use the Software or the Services, and (ii) will remove the So
ftware from all hard drives and other storage media and destroy all copies of th
e Software in your possession or under your control. The provisions in the Secti
ons of this EULA entitled "PROPRIETARY RIGHTS", "INDEMNIFICATION", "DISCLAIMER O
F WARRANTIES", "LIMITATION OF LIABILITY" AND "GENERAL PROVISIONS" will survive a
ny termination of this EULA.
IMPORT AND EXPORT RESTRICTIONS
You acknowledge that the Software may be subject to applicable domestic and inte
rnational import and export restrictions, including restrictions imposed by the
U.S. Export Administration Regulations as well as end-user, end-use and destinat
ion restrictions issued by the domestic government and the governments of other
nations. You agree to comply with all applicable national and international laws
that apply to the transport of the Software across national borders or to its u
se in any such jurisdiction.
GENERAL PROVISIONS
The Company reserves the right to modify the terms of this EULA at any time and
from time to time by providing such revised terms to you or by publishing the re
vised terms on the Company Website. The terms of any such revised EULA shall bec
ome effective within seven (7) days of such publishing or provision to you, unle
ss you sooner expressly accept such revised EULA by clicking on the accept butto
n. The express acceptance by you, or your continued use of the Software or the S
ervices after expiration of the seven (7) days notice period shall constitute you
r acceptance to be bound by the terms and conditions of the revised EULA. You ca
n find the latest version of the EULA at the Company Website.
You acknowledge and agree that, with respect to any Company App designed for use
on an Apple, Inc. iOS-powered mobile device, if any of the terms and conditions
of this EULA are inconsistent or in conflict with Apple Inc. s applicable instruc
tions for Minimum Terms for Developer s End User License Agreement (currently loca
ted at http://www.apple.com/legal/itunes/appstore/dev/minterms/), the terms and
conditions of Apple s instructions for Minimum Terms of Developer s End User License
Agreement shall apply.
You acknowledge and agree that, with respect to any Company App downloaded from
up Ltd, Eerikinkatu 4 A 16, 00100 Helsinki, FINLAND. Fax: +358 9 8240 8352