ACCEPTANCE OF TERMS
USE OF SITE AND SERVICES
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not: – Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others. – Use or attempt to gain access to or use another’s account, password, Service, Materials or computer systems or networks connected to any Management-Ware Solutions server or to the Site without authorization from Management-Ware Solutions, whether through hacking, password mining or any other means. – Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services. – Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
- Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party. – Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites. – Transmit unsolicited or bulk communications to any Management-Ware Solutions account holder or to any management-ware.com or affiliated e-mail address.
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another?s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms. – Create a false identity for the purpose of misleading others.
- Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
- Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
- Access or use the Site in any manner that could damage, disable, overburden or impair any Management-Ware Solutions server or the network(s) connected to any Management-Ware Solutions server.
- Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable. – Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of Management-Ware Solutions or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any Management-Ware Solutions domain name as a pseudonymous return e-mail address.
USE OF SOFTWARE
USE OF MANAGEMENT- WARE SOLUTIONS MATERIALS AND USER CONTENT
MANAGEMENT-WARE SOLUTIONS?S RIGHTS TO SUBMITTED USER MATERIALS For all of your User Materials that you post or otherwise submit to the Site, including (a) comments to Communications Venues, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant Management-Ware Solutions and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that Management-Ware Solutions is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that Management-Ware Solutions shall not be liable for any failure to store User Materials on the Site at any time.
RESTRICTION AND TERMINATION OF USE Management-Ware Solutions may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in Management-Ware Solutions?s sole discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES The Site, Services or Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by Management-Ware Solutions to you as a convenience and the inclusion of the links do not imply any endorsement by Management-Ware Solutions of any Linked Site. Management-Ware Solutions has no control of the Linked Sites and you therefore acknowledge and agree that Management-Ware Solutions is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Management-Ware Solutions is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
LIMITATION OF LIABILITY IN NO EVENT SHALL MANAGEMENT-WARE SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF MANAGEMENT-WARE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTIFICATION OF COPYRIGHT INFRINGEMENT Management-Ware Solutions will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. Management-Ware Solutions will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or Materials, please provide, pursuant to Management-Ware Solutions, written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which must contain the following elements: – A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; – A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled; – A description of where the content that you claim is infringing is located on the Management-ware Solutions site; – Information sufficient to permit Management-Ware Solutions to contact you, such as your physical address, telephone number, and e-mail address; -A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; – 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. Management-Ware Solutions’s Designated Agent for Notice of claims of copyright infringement can be reached as follows: By mail: Fedner Cleus/Designated Agent ? Copyright Infringement Claims Management-Ware Solutions 230 Henri Bourassa E., suite 205 Montreal (Quebec) H3L 1B8 Canada By telephone: (514) 381- 7722 Toll free 1 866 681- 7722 By fax:(514) 381- 7725 By e-mail: firstname.lastname@example.org The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services or Materials. All other inquiries directed to the Designated Agent will not be responded to. Such inquiries should be made through the feedback procedure.
UNSOLICITED IDEA SUBMISSION POLICY Any unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to Management-Ware Solutions for consideration via this Site shall not be considered or accepted by Management-Ware Solutions, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith).
GOVERNING LAW AND JURISDICTION This Site (excluding linked sites) is controlled by Management-Ware Solutions from its offices within in province of Quebec, Canada. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of Canada, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court and the Canada District Court for the Montreal District of Quebec with respect to such matters.
230 Henri-Bourassa E, suite 205
Montreal (Quebec) , H3L 1B8, Canada
Toll Free 1 866 681 7722 (Canada & USA)