TERMS AND CONDITIONS OF USE
DISCLAIMER
1. TERMS
By accessing this Software Application, you are agreeing to be bound by the Datatrax License Agreement, these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The Functionalities contained in this web application are protected by applicable copyright and trade mark law.
COPYRIGHT : All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Datatrax or its content & 3rd party suppliers or customers and is protected by international copyright laws. Any use of this information other than its intended purpose is prohibited.
ELECTRONIC COMMUNICATION : By using this software, or by sending an email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, or by posting notices on this site. You agree that all notices, disclosures & other communications via electronic means satisfy any legal requirements that such communication be in "writing"
2. USE LICENSE
a. Permission is granted to use the Datatrax Software Application as stated in your Datatrax SaaS, ASP, or SPLA License Agreement. That grant of a license is not a transfer of title, and under this license you may not:
- modify or copy the programs;
- use the Software for any purpose other than conducting your business;
- attempt to decompile or reverse engineer any software contained in the Datatrax Publishing Systems, Inc.'s Software Application;
- remove any copyright or other proprietary notations from the Software; or
- transfer the Software to another person or "mirror" the Software on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Datatrax Publishing Systems, Inc. at any time without notice. Upon terminating your use of the software application, you must destroy any downloaded Software and Documentation in your possession whether in electronic or printed format.
3.
NON-DISCLOSURE
You shall take all reasonable steps necessary to protect the trade secrets, copyrights, and other proprietary rights of DATATRAX (or any third party licensing the same to DATATRAX) in the Software, including the preservation of all proprietary notices supplied or requested by DATATRAX, and to ensure that the Application Software Products are not made available or disclosed by you to any persons other than to DATATRAX and to other employees solely in connection with Licensee's business. You agrees not to reverse-compile, reverse assemble or otherwise reverse engineer any of the ASP Software Products.
You agree and acknowledges that any violation of the provisions terms and conditions set forth here will result in irreparable harm to DATATRAX and that money damages would provide an inadequate remedy. Accordingly, in addition to other rights and remedies available, DATATRAX shall be entitled to injunctive or other equitable relief to restrain any such violation and to such other and further relief as a court may deem proper under the circumstances..
4.
DISCLAIMER
The Datatrax Publishing Systems, Inc.'s Software Applications are provided "as is". Datatrax Publishing Systems, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Datatrax Publishing Systems, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Software Application on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
5.
LIMITATIONS
In no event shall Datatrax Publishing Systems, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Software Application on Datatrax Publishing Systems, Inc.'s Internet site, even if Datatrax Publishing Systems, Inc. or a Datatrax Publishing Systems, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6.
REVISIONS AND ERRATA
The Software Application appearing on Datatrax Publishing Systems, Inc.'s web site could include technical, typographical, or photographic errors. Datatrax Publishing Systems, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Datatrax Publishing Systems, Inc. may make changes to the materials contained on its web site at any time without notice. Datatrax Publishing Systems, Inc. does not, however, make any commitment to update the Software Application.
7.
LINKS
Many links on the Datatrax menu and within the Software Application are user definable. Datatrax Publishing Systems, Inc. does not review these links and has not reviewed the other sites that you may wish to link to. Datatrax is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Datatrax Publishing Systems, Inc. of the site. Use of any such linked web site is at the user's own risk.
8.
REFUND POLICY
Datatrax is a subscription based software system. No refunds are issued for partially used subscription. Refunds are given for any errors in billing that are beyond the users control.
9.
TERMS OF USE MODIFICATIONS
Datatrax Publishing Systems, Inc. may revise these terms of use for its web site at any time without notice. By using this application you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
10.
GOVERNING LAW
Any claim relating to Datatrax Publishing Systems, Inc.'s Software Application shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of the Software Application.