Web Site Terms of Use

Awaresoft Pty Ltd (“Awaresoft”) makes information, products and services available on this web site (“Website”), subject to the following terms and conditions (“Terms of Use”). By accessing and using this Website in any way, you agree to and are bound by the Terms of Use.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE.

Awaresoft reserves the right to change these Terms of Use, and the products, services, prices, and programs mentioned in this Website at any time, at its sole discretion, without notice. Awaresoft reserves the right to seek all remedies available by law for any violation of these Terms Of Use. Any rights not expressly granted herein are reserved.

USER CONDUCT
In using the Website you agree: (a) not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked sites; (b) not to upload, post, or otherwise transmit through the Website any viruses or other harmful, disruptive, or destructive files; (c) not to create a false identity; (d) not to use or attempt to use another’s account, password, service, or system without authorization from Awaresoft; (e) not to access or attempt to access any content which you are not authorized to access; (f) not to disrupt or interfere with the security of, or otherwise cause harm to, the Website, or any services, materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked sites.
Awaresoft reserves the right, in its sole discretion, to remove user content from the Website and to restrict, suspend, or terminate your access to all or part of this Website, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability.
Awaresoft may, but is not obligated to, monitor or review any areas on the Website where users transmit or post their content, including but not limited to chat rooms, bulletin boards, or other user forums. Awaresoft is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and user forums.

PROHIBITED USE
You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Website.

PRIVACY POLICY
Awaresoft’s Privacy Policy is a part of these Terms of Use. The Privacy Policy can be viewed here.

ACCOUNTS AND PASSWORDS
If you use any services on the Website that require you to register, you agree to: (a) provide accurate, current, and complete information about you as prompted by a registration form; (b) maintain the security of your identification and password; (c) maintain and promptly update the registration information to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the registration information. You are responsible for damages resulting from all uses of your identification and/or password, whether actually or expressly authorized by you, unless access to your identification and/or password was obtained through no fault or negligence of your own.

SUBMISSIONS
Unless otherwise stated herein, or in Awaresoft’s Privacy Policy, any material you submit to this Website, including feedback and suggestions, will be deemed non-confidential.
You grant Awaresoft an unrestricted, irrevocable, worldwide, royalty- free, nonexclusive license to display, use, modify, perform, reproduce, transmit, and distribute any information you submit, for any and all commercial and non-commercial purposes. You also agree that Awaresoft is free to use any ideas, concepts, or techniques that you submit to this Website for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques, without any compensation to you.
You represent and warrant that any information you submit to this Website 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.

USE OF SOFTWARE
The software and accompanying documentation that is made available to download from this Website is the copyrighted work of Awaresoft. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. If no license accompanies the download, the terms of the license that accompanied the original product being updated will govern. You will not be able to use, download, or install any software unless you agree to the terms of such license agreement.

THIRD PARTY WEB SITES
The Website contains links to third party sites. Awaresoft does not control, endorse, or accept responsibility for any content, products, or services offered by third parties. Awaresoft makes no representation or warranties whatsoever about any such third parties, their content, products, or services. Any dealings you may have with such third parties are at your own risk. Awaresoft shall not be liable or responsible for any content, products, or services offered by third parties.

INDEMNITY
You agree to indemnify, defend and hold Awaresoft, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another.

DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND AWARESOFT, THIS WEBSITE, AND ALL 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, AWARESOFT MAKES 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; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. AWARESOFT MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND AWARESOFT MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL AWARESOFT, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY 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 AWARESOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS WEBSITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, 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, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

GOVERNING LAW AND JURISDICTION
You agree that all matters relating to your access to, or use of, this Website shall be governed by the laws of the state of New South Wales, Australia. You agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New South Wales, Australia, with respect to such matters.
Awaresoft makes no representation that information on this Website are appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this Website do so on their own initiative and are responsible for compliance with all applicable laws.

COPYRIGHT
Copyright © 2002-2005 Awaresoft Pty Ltd. All rights reserved.
The information on this web site is protected by copyright. Except as specifically permitted, no portion of this web site may be distributed or reproduced by any means, or in any form, without Awaresoft’s prior written permission.

TRADEMARKS
Aware IM is a trademark of Awaresoft Pty Ltd.
Java, Java Powered Logo, iForce Partner Logo are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries.
Microsoft Windows, Microsoft Access, Microsoft SQL Server, MSDE, Microsoft Internet Explorer are trademarks or registered trademarks of Microsoft Corporation in the United States and other countries.
Oracle is a trademark or registered trademark of Oracle Corporation in the United States and other countries.
MySQL, MySQL Certified Partner Logo are registered trademarks of MySQL AB in the United States, the European Union and other countries.
Cloudscape is a trademark or registered trademark of IBM Corporation in the United States and other countries.
Netscape Navigator is a trademark or registered trademark of Netscape Communication Corp in the United States and other countries.
FileMaker is a trademark or registered trademark of FileMaker, Inc. in the United States and other countries.
Servoy is a trademark or registered trademark of Servoy B.V. in the United States and other countries.
Alpha Five is a trademark or registered trademark of Alpha Software Inc. in the United States and other countries.
Other brands and products appearing on this Website are trademarks of their respective holders.

Updated: March 28, 2007