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Perpetuum Software Website Terms of Use

Acceptance of Terms of Use
Subject to these Terms of Use, Perpetuum Software LLC (“Perpetuum”), provides you with access to Perpetuum’s website (http://perpetuumsoft.com), free of charge to you. In order to access the e-commerce site you may need to open an account, sign in as a guest or register as a user on Perpetuum’s website though portions of Perpetuum’s site may be viewed simply by visiting the site. If you sign on to Perpetuum’s site as a guest or if you register as a member of Perpetuum’s site community, these Terms of Use will govern your use of Perpetuum’s site, including access to message boards and other features.

BY SIGNING ON TO PERPETUUM’S SITE AS A GUEST AND/OR BY OPENING AN ACCOUNT AND COMPLETING THE REGISTRATION PROCESS AND/OR BY SELECTING THE “ORDER NOW” OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.

These Terms of Use govern your use of Perpetuum’s site and all services provided in connection with Perpetuum’s site. Perpetuum shall not be liable to you for your breach of any of these Terms of Use. In addition, Perpetuum does not bear any fiduciary responsibility to any user of this Web site. If you do not agree to these Terms of Use, please do not enter or register at Perpetuum’s site. The Terms of Use for your continued use of Perpetuum’s site will be posted on the site. Please check this area before using Perpetuum’s site to determine whether a change has been made to these Terms of Use. If you do not agree to any of these changes in the Terms of Use, as they may occur from time to time, please arrange to terminate your registration with Perpetuum’s site immediately (i) by notifying Perpetuum of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Perpetuum’s site. Your continued use of Perpetuum’s site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.

From time to time Perpetuum may supplement these Terms of Use with additional Terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on Perpetuum’s site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

Registration Information/Privacy Policy
Collection of Personal Information
When you engage in certain activities on this site, such as ordering products, downloading software, or entering contests, Perpetuum may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Perpetuum may require that you provide certain personal information such as your name, mailing address, e-mail address, and other personal identifying information. When ordering products on the Web site, you may be asked to provide a credit card number. In some countries, Perpetuum may be represented by an exclusive reseller who provides marketing, sales, and support services on behalf of Perpetuum in the interest of providing better service to customers residing in those countries. Your personal information will not be leased, sold, rented or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant.

Perpetuum collects this information in order to record and support your participation in the activities you select. If you order a product, for example, the information is used to register your license and rights, if any, to upgrade discounts, technical support, or other benefits that may be made available to registered users. If you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. Perpetuum also uses information that you provide as part of our effort to keep you informed about product upgrades, special offers, and to provide you with and/or develop other Perpetuum products and services.

Notwithstanding other provisions contained herein to the contrary, you hereby agree that Perpetuum may assign, sell, license, or otherwise transfer to a third party, your name, address, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a material portion or essentially all of the assets or stock of Perpetuum or its affiliated entities.

Your personally identifying information will not be used by Perpetuum for editorial purposes unless you first agree in writing. Perpetuum may also use such information for Perpetuum promotional and marketing purposes. Perpetuum respects your privacy. We recognize and appreciate the importance of responsible use of this information and realize that not everyone likes to receive special offers or information about Perpetuum products.

If you would like to have your name deactivated from Perpetuum’s lists, or if you would like to unsubscribe from Perpetuum’s e-mail bulletins, please use the contact information below to request those changes. Be sure to include your name, postal address, telephone number, and/or other necessary information needed to identify you for purposes of account deactivation.

Perpetuum will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing. You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address, physical address, etc.) publicly on Perpetuum’s discussion forum, that information can be viewed and used by others and may result in unsolicited messages from other posters or parties.

Use of Cookies
When you visit http://perpetuumsoft.com, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we use “cookies” to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving which allows you to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.)

While Perpetuum uses cookies to track your visit to http://perpetuumsoft.com, and our Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Perpetuum with personal information.

Please note that Perpetuum is not responsible for the content or privacy practices of third party Web sites to which http://perpetuumsoft.com may link.

Modifications of these Terms of Use
Perpetuum may modify these Terms of Use from time to time at its sole discretion. Each time you log on to Perpetuum’s site, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with Perpetuum’s site immediately (i) by notifying Perpetuum of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Perpetuum’s site.

Modifications of the Perpetuum site
Perpetuum may modify or discontinue Perpetuum’s site with or without notice to you and without liability to you or to any third party.

Content of Messages
You agree not to use Perpetuum’s site to send or post on message boards or any place on Perpetuum’s site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Perpetuum reserves the right to delete any such material from Perpetuum’s site. Perpetuum will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section.

You agree not to post or use Perpetuum’s site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) Perpetuum allows you access to content that is protected by copyright, trademark and other intellectual and proprietary rights (“Rights”); (ii) these Rights are enforceable and protected in all media and technologies whether now existing or subsequently developed; and (iii) except as explicitly provided to the contrary, these Terms of Use and the applicable copyright, trademark and other laws govern your use of such content. You may not post to Perpetuum’s site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to the Rights. The burden of determining that Rights do not protect any information, software, images or any other content on Perpetuum’s site rests with you.

You acknowledge that Perpetuum may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any “public area” of Perpetuum’s site, including message boards, forums, contests and/or chat rooms, you grant Perpetuum and its affiliates a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or subsequently developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and has effectively and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Perpetuum’s site retains any and all Rights that may exist in such content.

Copyright Notifications
Perpetuum will remove infringing materials in accordance with the DMCA if properly notified that the submitted content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Perpetuum by sending a message to sales@perpetuumsoft.com. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, sufficient for Perpetuum to locate the material;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify Perpetuum in writing by emailing us at sales@perpetuumsoft.om. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
  • a physical or electronic signature of the user of Perpetuum web site;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • the subscriber's name, address and telephone number.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF PERPETUUM’S SITE IS AT YOUR SOLE RISK. PERPETUUM’S SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERPETUUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PERPETUUM MAKES NO WARRANTY THAT PERPETUUM’S SITE WILL MEET YOUR REQUIREMENTS, OR THAT PERPETUUM’S SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PERPETUUM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PERPETUUM’S SITE. PERPETUUM WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF PERPETUUM’S SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PERPETUUM’S SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT PERPETUUM DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH PERPETUUM’S SITE. PERPETUUM IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER PERPETUUM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN PERPETUUM’S SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. PERPETUUM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.

PERPETUUM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN PERPETUUM’S SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERPETUUM OR THROUGH PERPETUUM’S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

PERPETUUM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH PERPETUUM’S SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH PERPETUUM’S SITE. PERPETUUM IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT RESIDE OR IS POSTED OUTSIDE PERPETUUM’S SITE. AS A CONVENIENCE TO PERPETUUM’S USERS, PERPETUUM MAY PROVIDE LINKS TO THIRD PARTY SITES AND TO RESOURCES THAT ARE BEYOND PERPETUUM’S CONTROL. PERPETUUM MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH PERPETUUM MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST PERPETUUM WITH RESPECT TO SUCH SITES.

Limitation of Liability
PERPETUUM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE PERPETUUM’S SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH PERPETUUM’S SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF PERPETUUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Promotional Messages
Perpetuum may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Perpetuum makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from Perpetuum, and you agree that Perpetuum shall not be liable to you thereto.

Indemnification
You agree to indemnify and hold each officer and/or employee of Perpetuum, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Perpetuum’s site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

Remedies for Breach of these Terms by You
In the event that Perpetuum determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of Perpetuum’s site, Perpetuum reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to Perpetuum’s site, (iii) delete all content provided by you to Perpetuum’s site, (iv) discontinue your registration with Perpetuum’s site and/or any other Perpetuum community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action that Perpetuum deems appropriate.

Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Perpetuum may assign, without notice, its rights and obligations under these Terms of Use and upon such assignment Perpetuum may be relieved of any further obligation hereunder.

You represent to Perpetuum that you have the authority to register with Perpetuum’s site according to these Terms of Use.

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on Perpetuum’s site by Perpetuum) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Perpetuum, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable. Perpetuum reserves the right to charge fees, surcharges and/or membership fees at any time without any notice to you.