Terms and conditions of use

AGREEMENT BETWEEN USER AND ENCORE SOFTWARE, LLC

The Encore Software Website is comprised of various web pages operated by Encore Software which contain information, documents, software and products (collectively, the "Materials") and various services operated by Encore Software (collectively, the "Services"), subject to the terms, conditions and notices set forth in this document (the "Terms of Use"). By accessing or using this Site, which includes your access to or use of any of the Services, you agree to the Terms of Use. Encore Software reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. Your use of the Encore Software Website constitutes your agreement to these Terms of Use.

COPYRIGHT

The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, Encore Software and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Encore Software.

Use of Software:The software and accompanying documentation that are made available to download from this Website are the copyrighted work of Encore Software and/or its suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the software available on the Site.

LINKS TO THIRD PARTY SITES

The Encore Software Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Encore Software and Encore Software is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Encore Software is not responsible for webcasting or any other form of transmission received from any Linked Site. Encore Software is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Encore Software of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Encore Software Website, you warrant to Encore Software that you will not use the Encore Software Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Encore Software Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Encore Software Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Encore Software Websites.

USE OF COMMUNICATION SERVICES

The Encore Software Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Encore Software has no obligation to monitor the Communication Services. However, Encore Software reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Encore Software reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Encore Software reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Encore Software's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Encore Software does not control or endorse the content, messages or information found in any Communication Service and, therefore, Encore Software specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Encore Software spokespersons, and their views do not necessarily reflect those of Encore Software.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ENCORE SOFTWARE OR POSTED AT ANY ENCORE SOFTWARE WEBSITE

Encore Software does not claim ownership of the materials you provide to Encore Software (including feedback and suggestions) or post, upload, input or submit to any Encore Software Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Encore Software, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Encore Software is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Encore Software's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

WARRANTIES, REPRESENTATIONS AND LIABILITY DISCLAIMER

Except as expressly provided otherwise in an agreement between you and Encore Software, all information and software on this Website is provided "as is" without any other warranties or conditions, express or implied, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, or course of dealing. Encore Software assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this site.

References to orations, their services and products, are similarly provided "as is" without warranty of any kind, either express or implied. In no event shall Encore Software be liable for any special, 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 advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ENCORE SOFTWARE ENCORE SOFTWAREWEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENCORE SOFTWAREAND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ENCORE SOFTWARE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE ENCORE SOFTWAREWEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENCORE SOFTWARE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE

ENCORE SOFTWARE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ENCORE SOFTWAREWEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENCORE SOFTWAREAND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENCORE SOFTWAREAND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ENCORE SOFTWAREWEBSITE, WITH THE DELAY OR INABILITY TO USE THE ENCORE SOFTWAREWEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ENCORE SOFTWAREWEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ENCORE SOFTWAREWEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENCORE SOFTWAREOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ENCORE SOFTWARE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ENCORE SOFTWARE WEBSITE.

SERVICE CONTACT: legal@encore.com

TERMINATION/ACCESS RESTRICTION

Encore Software reserves the right, in its sole discretion, to terminate your access to the Encore Software Website and the related services or any portion thereof at any time, without notice.

Indemnification

You agree to indemnify and hold Encore Software, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, any user content), 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 person or entity.

GOVERNING LAW

This Website (excluding linked sites) is controlled by Encore Software from its office in San Jose, California, U.S.A.. By accessing this Website, you and Encore Software agree that all matters relating to your access to, or use of, this Website Site shall be governed to the maximum extent permitted by law, by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Santa Clara, California, U.S.A. in all disputes arising out of or relating to the use of the Encore Software Website.

GENERAL

Use of the Encore Software Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Encore Software as a result of this agreement or use of the Encore Software Website. Encore Software's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Encore Software's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Encore Software Website or information provided to or gathered by Encore Software with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Encore Software with respect to the Encore Software Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Encore Software with respect to the Encore Software Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

TRADEMARKS

The trademarks, logos and service marks ("Marks") displayed on this Website are the property of Encore Software or other third parties. You are not permitted to use the Marks without the prior written consent of Encore Software or such third party which may own the Marks. Encore Software, Encore, Broderbund, The Print Shop, PrintMaster, Mavis Beacon, Punch Software, PunchCAD, ViaCAD, SharkCAD, and Viva Media are registered trademarks of Encore Software, Encore Software and the Encore Software logo are trademarks of Encore Software.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.