Terms of Use
This website user agreement (this “agreement”) applies to all individuals who use or browse (collectively “users” or “you”) on www.cdrsoftware.com.
These terms of use govern your use of this site. By accessing the website(s), you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change by CDR Software at any time at its discretion. Your use of the website after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly.
ACCESS TO THE WEBSITES
To access the websites or some of the resources it has to offer, you may be asked to provide certain registration details. It is a condition of your use of the websites that all the details you provide will be correct, current, and complete. If CDR Software believes the details are not correct, current, or complete, CDR Software has the right to refuse you access to the websites or any of its websites or its resources, and to terminate or suspend your access at any time.
RESTRICTIONS ON USE – LAWS AND REGULATIONS
You have a nonexclusive, nontransferable, limited, revocable right to use the websites solely to obtain information about CDR Software. You will not use the websites for any other purpose, including any commercial purpose, without CDR Software’s express prior written consent. For example, you will not (and will not authorize any other party to) co-brand the websites or any portion thereof or frame the websites or any portion thereof. For purposes of these terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the site or content accessible within the websites. You agree to cooperate with CDR Software in causing any unauthorized co-branding, framing or linking immediately to cease.
You agree not to use the websites for any other purpose that is unlawful or prohibited by this Agreement. You may not use the websites in any manner that: (i) is profane, defamatory, obscene, violent, sexual, discriminatory, or otherwise unprofessional, (ii) interferes with the servers or networks connected to the websites, or (iii) violates any of the terms, conditions, procedures, policies or regulations connected to the websites.
PROPRIETARY INFORMATION
The material and content accessible at the website, including without limitation, all trademarks, service marks and logos used by CDR Software or the party that provided the trademarks, service marks and logos (the “Content”) is the proprietary information of
CDR Software or the party that provided the Content to CDR Software, and CDR Software or the party that provided the Content to CDR Software retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of CDR Software, except that you may print out a copy of the Content solely for your personal use, and members of the media may use Content provided in the websites’ Media Area solely for editorial purposes. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates CDR Software’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the websites.
LINKS
This website may be linked to other websites which are not maintained by, or related to, CDR Software. Text links to such websites are provided as a service to website users and are not sponsored by or affiliated with this website or CDR Software. CDR Software has not reviewed any or all of such websites and is not responsible for the content of those websites. Links are to be accessed at the user’s own risk, and CDR Software makes no representations or warranties about the content, completeness or accuracy of these links or the websites hyper-linked to this website. Further, the inclusion of any link to a third-party websites does not necessarily imply endorsement by CDR Software of those websites.
SUBMISSIONS
You hereby grant to CDR Software the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all remarks, suggestions, ideas, graphics or other information communicated to CDR Software through the websites or electronic mail (together, the “Submission”), and to incorporate any Submission in other works in any form, media or technology now known or later developed.
CDR Software will not be required to treat any submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising), and will not incur any liability as a result of any similarities that may appear in future CDR Software operations. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trademarks or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the right from their rightful owner to post the material and to grant CDR Software all of the license rights granted herein; (ii) submit material that is unlawful, obscene, libelous, defamatory, hateful, harassing, racially or ethnically offensive, pornographic, or encourages conduct that would be considered a liability, criminal offense, violate any law, or is otherwise inappropriate; (iii) publish falsehoods or misrepresentations that could damage CDR Software or any third party; (iv) impersonate another person or (v) post advertisements or solicitations of business. CDR Software does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and expressly disclaims any and all liability in connection with User Submissions. CDR Software does not permit copyright infringing activities and infringement of intellectual property rights on its websites and will block and remove all Content and user Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property. CDR Software reserves the right to remove Content and User Submissions without prior notice.
CDR Software reserves the right to monitor use of the websites to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your postings. You acknowledge and agree that neither CDR Software nor any third party that provides Content to CDR Software will assume or have any liability for any action or inaction by CDR Software or such third party with respect to any posting.
DISCLAIMER
You understand that CDR Software cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the websites for the reconstruction of any lost data. CDR Software does not assume any responsibility or risk for your use of the Internet.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and CDR Software does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is no longer accurate or complete.
LIMITATION ON LIABILITY
CDR Software, its licensors, service providers, content providers, employees, agents, officers and directors, will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if CDR Software has been advised of the possibility of such damages. In no event will the collective liability of CDR Software and its licensors, service providers, content providers, employees, agents, officers, directors and shareholders to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount you have paid to CDR Software for the applicable content or service out of which liability arose.
INDEMNITY
By using the websites, each User accepts all responsibility for and hereby indemnifies CDR Software, its officers, directors, employees, shareholders, content providers, service providers and contractors and agrees to hold them harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that CDR Software its officers, directors, employees, shareholders, content providers, service providers and contractors will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of such parties in connection therewith. You will also indemnify and hold the aforementioned parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the websites.
SECURITY
Any passwords used for the websites are for individual use only. You shall be responsible for the security of your password (if any). CDR Software shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that CDR Software considers insecure, CDR Software will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, CDR Software reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. CDR Software reserves the right to investigate suspected violations of these Terms of Use.
CDR Software reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing CDR Software to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement you, your heirs and assigns, waive and hold harmless CDR Software from any claims resulting from any action taken CDR Software during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either CDR Software or law enforcement authorities.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of the State of Louisiana, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Louisiana in connection with any dispute between you and CDR Software arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter hereof shall be in the state and federal courts in New Orleans, Louisiana. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof. CDR Software can revise these Terms of Use at any time by updating this posting.
