Acceptance of Terms
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All through the document, ADCIS SA and it’s subsidiary company Adcis, Inc. are collectively described as “The Companies”, unless otherwise specified.
User-supplied information, materials, files, communications, and documents are referred to collectively as “User Data”. “Aphelion Content” means all Materials provided by the Companies.
Types of Users
Please be aware that certain activities on this Site, such as the Support Section, are available only to persons who are covered under a paid agreement with both companies (“Customers”).
Intellectual Property; Limited Licenses to Users
Use of Services
Use of Software
Use of Aphelion Content and User Data
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Aphelion Content and User Data available on this Site subject to the following conditions:
- The Aphelion Content and User Data may be used solely for personal, informational, and internal purposes.
- The Aphelion Content and User Data may not be modified or altered in any way.
- The Aphelion Content and User Data on the Site may not be distributed or sold, rented, leased, or licensed to others.
- You may not remove any copyright or other proprietary notices contained in the Aphelion Content and User Data.
- The Companies reserve the right to revoke the authorization to view, download, and print the Aphelion Content and User Data available on this Site at any time, and any such use shall be discontinued immediately upon notice from the Companies.
- The rights granted to you constitute a license and not a transfer of title.
- You are not authorized to use any data of the Aphelion Content in a third party site without a written authorization from the Companies.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of ADCIS SA or other third parties. You are not permitted to use the Marks without the prior written consent of ADCIS SA or such third party that may own the Marks. ADCIS logo are trademarks of ADCIS SA.
License to ADCIS for User Data
Certain services offered through this Site accommodate or require User Data. Depending upon the nature of the Service, by submitting User Data to this Site you grant the Companies one of the following types of licenses:
- For User Data that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using the Aphelion software product, you grant the Companies a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Data. You also grant both companies the right to distribute and publicly display and perform such User Data for the purpose for which such User Data was submitted to the Site. This license will be in effect until such User Data is removed from the Site. You acknowledge and agree that any User Data you submit to the Aphelion Support section, such as mail messages, actions or extensions, may be downloaded, modified, reproduced, and distributed by users of this Site.
- For User Data such as comments to User Forums, bug reports, piracy reports, or product suggestions, you grant the Companies and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Data, and you also agree that the Companies are free to use any ideas, concepts, know-how, or techniques that you send them for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Data to us unless:
- you grant us permission to do so;
- we first notify you that the User Data you submit to a particular part of the Site will be published or otherwise used with your name on it;
- we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or we believe it necessary in order to protect the rights of the Companies or others.
In using the Site, including all Services and Materials available through it, you agree:
- Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites;
- Not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
- Not to create a false identity;
- Not to use or attempt to use another’s account, password, service, or system.
- Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
You may submit only User Data to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain.
Flaming – We do not tolerate abusive, malicious, personal attacks. You will be banned if you persist in this behavior.
Trolls – Anyone deliberately antagonizing other forum users by posting “flame bait” type messages is not welcome. You will be banned if you persist in this behavior. In addition, you agree not to do any of the following while entering the Support section:
- Transmit any message, information, data, text, software or graphic files, or other materials that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, offensive, libelous, hateful or racially, ethnically, sexually or otherwise objectionable.
- Impersonate any person or entity, including but not limited to, an ADCIS official, message board moderator, employee, contractor, affiliate.
- Post or transmit any content that contains a virus, Trojan horse or other mischievous Content.
- Use the Aphelion Message Boards’ features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps] or flooding [continuous posting of repetitive text or topics]).
- Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation.
- Intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation.
- Upload or transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.
- The Companies retain the rights to exclusively determine what violates any of the above rules.
Breaking any of the above rules of conduct will make your message board account subject to immediate banning, or your message deleted, edited or moved. Further, the forum moderators may contact your ISP (Internet Service Provider) due to the severity of your posts. Violation of these restrictions may result in denial of or limitations on access by you to this Site
Managing Content and Communications
To the maximum extent permitted by law, the Companies will have no liability related to User Data arising under the laws of copyright, libel, privacy, obscenity, or otherwise. ADCIS also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Data content.
Use and Protection of Account Login and Password
You are responsible for maintaining the confidentiality of your account name, and password. You are responsible for damages resulting from all uses of your account name, and password, whether actually or expressly authorized by you, unless access to your account name, and password was obtained through no fault or negligence of your own.
Limitation of Liabilities
Limitation of liability in no event, including, without limitation, negligence, shall the Companies, their affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party of special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not ADCIS has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use or the inability to use this site, its services, or materials, the statements or actions of any third party on or through the site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, or other content, any services available through the site that are delayed or interrupted, or any web site referenced or linked to from this 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.
Warranties, Disclaimers and Limited Liabilities
Warranties and disclaimers except as expressly provided otherwise in a written agreement between you and the Companies with respect to such party’s materials or services, this site, and all other materials and services accessible through this site, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, the Companies make no warranty that (a) the services and materials will meet your requirements; (b) the services and materials will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; and (d) the quality of any products, services, or materials purchased or accessible by you through the site will meet your expectations.
This site could include technical or other mistakes, inaccuracies, or typological errors. ADCIS may make changes to the materials and services at this site, including descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and ADCIS makes no commitment to update such materials or services.
You understand and acknowledge that (a) ADCIS does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the site; (b) ADCIS makes no representation or warranties whatsoever about any such third parties, their content, products, or services; and (c) any dealings you may have with such parties at your own risk.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you to the extent permissible, any implied warranties are limited to one (1) year.
Personal Information and Privacy
Notification of Copyright Infringement
The Companies will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. 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, please provide ADCIS’s Copyright Agent a notice containing 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 material 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 material that you claim is infringing is located on the Companies’ site;
- Information sufficient to permit the Companies 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 material 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.
The Copyright 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 this site. Such inquiries should be made to the Copyright Agent at webmaster_at_adcis.net.
Indemnity and Liability
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by ADCIS from its offices in Saint-Contest, France. By accessing this Site, you and ADCIS agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the European Community, without regard to the conflicts of laws principles thereof. You and ADCIS also agree and hereby submit to the exclusive personal jurisdiction and venue of the Tribunal de Commerce de Caen, France.