Terms of Use

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TERMS OF USE

1.    Introduction

This are the Terms of Use of the website of Dynamics Software BV, headquartered in The Netherlands (27 Newtonstraat, Veenendaal 3902 HP, The Netherlands. Phone: +31 318 507800), hereafter: Dynamics Software. Please read the following terms concerning your use of this website. By accessing, using or downloading (any content of) this website, you agree to adhere to these terms. If you do not agree with these terms, please do not use this Website.

 

2.    General Use Provisions

2.1.           You acknowledge that this Website, including but not limited to information, proposals, documents, databases, products, logos, designs, graphics, sounds, images and services,  is provided “AS IS”, for viewing general information only, and without warranties of any kind. You may however display, copy, distribute and download Dynamics Software texts, logos, graphics, sounds and images on this Website provided that: (1) both a copyright and trademark notice of Dynamics Software and this permission notice appear on these materials; (2) the use of such materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) these materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms of use. Upon termination, you will immediately destroy any downloaded or printed materials.

2.2.           This Website is provided by Dynamics Software or by third party manufacturers, authors, developers and vendors (‘Third Party Providers’) and is the intellectual property of Dynamics Software and/or Third Party Providers. Except where expressly provided otherwise by Dynamics Software, nothing on this Website shall be construed to confer any license offer for license or sale under any of Dynamics Software’s or any Third Party Provider’s intellectual property rights. You acknowledge sole responsibility for obtaining any such licenses. Contact Dynamics Software if you have any questions about obtaining such licenses.

2.3.           You are yourself responsible for the protection and back-up of your (computer) data and/or objects which are used with regard to this Website.

 

3.    Unauthorized Use

3.1.           Subject to legal exceptions and notwithstanding the provision in clause 2.1 this Website may not be (partially or as a whole) duplicated (framing also included) copied, reproduced, distributed, re-published, shown at public events, forwarded in whatever form whatsoever, or made available to third parties without Dynamics Software’s prior express written permission. Unauthorised use of this Website represents a violation of intellectual property rights of Dynamics Software or Third Party Providers and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

3.2.           Circumventing, hacking or other violation of the Website, Dynamics Software’s security and/or login systems is expressly prohibited. Dynamics Software reserves the right to exclude certain end users and/or IP-addresses if violation has been committed from them, or attempts with this aim have been undertaken, or illegitimate use of its systems has taken place. To this end Dynamics Software can monitor the access to its websites. This does not impede Dynamics Software’s remaining rights to prosecution.

3.3.           Unauthorized or improper use of this Website or its content can result in an infringement of intellectual (property) rights or an unlawful breach of privacy, publication, communication and other matter(s). You are responsible for all data and requests which you send from this Website.

 

4.    Submissions

4.1.           Subject to personal details all comment, feedback, information or material in the broadest sense of the word sent to Dynamics Software (‘Submissions’) are considered as non-confidential and Dynamics Software property.

4.2.           At no charge Dynamics Software will be free to apply the Submissions worldwide to its own perception on an indefinite basis and for any purpose. The Dynamics Software obtains the turnover of the Submissions. However, you are and remain responsible for your Submissions, including legality, reliability, appropriateness, originality and respect of intellectual property rights of third parties.

4.3.           Dynamics Software does not warrant that emails or other electronic messages transmitted to or via this Website are swiftly received and processed, and accepts no liability for consequences of lack of or late receipt or processing of them.

 

5.    Indemnification

5.1.           In exchange for the acceptance of the advantages which are provided to you by this Website, you agree to protect Dynamics Software, its Executive Boards, employees, representatives and partners and indemnify them from judicial and extrajudicial measures, sentences and such, including - and without restriction - reasonable cost for legal assistance (lawyers and bailiffs) and accountants, who have been appointed by third parties as a result of your use of this Website, your violation of these terms of use or your violation of any legal regulation whatsoever or rights of third parties.

5.2.           You will indemnify Dynamics Software, its employees, representatives, trade partners and the author(s) of this Website against any judicial and non-judicial proceedings, condemnations, etc., including any costs for legal assistance, accountants etc. which are a direct or indirect consequence of your use of this website and/or your violation of any legal regulation whatsoever or rights of third parties.

 

6.    Local Law; Export Control

Dynamics Software controls and operates this Website from its headquarters in Veendendaal, the Netherlands, and makes no representation that this website is appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in European Union, the United States and Asia.

 

7.    Miscellaneous

7.1.           Dynamics Software and the Third Party Providers may make improvements and changes in this website at any time without prior notice.

7.2.           Dynamics Software has the right to cancel the provision of this website (partially or as a whole) at any time without prior notice.

7.3.           Dynamics Software has the right to revise these Terms of Use at any time without notice by updating these terms. You must consult the most recent version of these terms each time you view the website.

7.4.           These Terms of Use are governed solely and exclusively by Dutch law. The right to choose legal jurisdiction or legislation is explicitly excluded.

Dynamics Software, 27 Newtonstraat, Veenendaal 3902 HP, the Netherlands

Version: 28011611

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