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Smartware Group Website Terms and Conditions of Use  

This website (the “Website”) is provided to you by Smartware Group (“SG” or “we”). To assist you in using our Website, and to ensure a clear understanding of the relationship arising from your use of our Website and the services we offer through our Website, we have created (i) these Terms and Conditions of Use (the “Terms”) and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Website, and our Terms govern your use of our Website.

These Terms and Conditions of Use and our Privacy Policy apply to all visitors to our Website (collectively “Website Users”), including (i) casual visitors who visit the Website to learn more about our services (“General Visitors”); and (ii) registered users, to whom we have granted access to certain password-protected areas and features of our Website (“Registered Users”). Registered Users include customers of SG for whom we have created, and granted access to, our Customer Portal (“Customer Portal”). The term “you” in these Terms means both General Users and Registered Users. Registered Users are subject to additional terms to which they agree when they sign up to use the Customer Portal.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.

  1. Your Agreement

Please read these Terms carefully; they impose legal obligations on you and on SG, and establish our legal relationship. By using our services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.

  1. Components of the www.bigfootcmms.com Website

Our Website is divided into two broad areas and feature-sets: (i) those that are accessible to all Website Users (the “General Site”); and (ii) our Customer Portal, which is an area made accessible only to registered SG customers for the use and support of our Bigfoot CMMS software (the “Software”).

  1. Grant of Rights

Provided you comply with these Terms, we grant you the right to access all areas of the Website for purposes of (i) learning more about our services; (ii) signing up for a free trial of our Software; (iii) registering for SG presentations and other events; and (iv) accessing our Customer Portal (collectively “Permitted Purposes”). Apart from these express rights to use our Website, you may not use, copy, modify, distribute, or access our Website, or any materials we have made available on the Website.

  1. SG Ownership; Reservation of Rights

All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website, including all associated intellectual property rights, are the property of SG and its licensors, and are protected by copyright and other intellectual property laws, or are included based on principles of “fair use.” SG retains all rights with respect to the Website except for those expressly granted to you in Section 3 (Grant of Rights) above.

  1. Use of Trial of Bigfoot Software

On our Website, SG provides you the opportunity to access our Software in a free trial which will permit you to preview a select number of the features of the Software only. You may not rent, lease, sub-license, give, copy, lend, nor convey the Software or any accompanying source code or documentation to any other person or entity.  You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. You agree to treat the Software and any accompanying source code or documentation as the confidential information of SG. This free trial is provided “AS IS” with no warranties.

  1. Links to Third-Party Sites

The Website may contain links or produce search results that reference links to third-party websites (collectively “Linked Sites”). SG has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. SG does not endorse the content of any Linked Site, nor does SG warrant that any Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.

  1. Code of Conduct

As a condition to your use of the Website, you agree to follow our Code of Conduct set out below. Under this Code, you will not:

  • Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
  • Seek to obtain access to any materials or information through “hacking” or through any other means that we have not intentionally made available to you through the Website.
  • Submit material that is intentionally false, defamatory, unlawfully threatening, illegal, or unlawfully harassing.
  • Transmit materials through the Website that contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programing routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  • Infringe our or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form – can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
  1. Limitations on Users’ Privileges

7.1       Revocation or Suspension of Users’ Privileges. We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violates these Terms.

7.2       Disclosure. SG reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to enforce its rights under these Terms, consistent with its Privacy Policy.

  1. Disclaimers

SG does not promise that the Website, including the Customer Portal, or the trial use of the Software will be error-free or uninterrupted, or that the Website will provide specific results from your use of any content, search, or link on the Website. SG  DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT) WITH RESPECT TO THE FUNCTIONALITY OR AVAILABILITY OF THE WEBSITE, THE SOFTWARE TRIAL, AND ANY CONTENT ON THE WEBSITE.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL SG BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO (i) YOUR USE OF THE GENERAL SITE, (ii) YOUR USE OF THE CUSTOMER PORTAL, OR (iii) THE TRIAL USE OF THE SOFTWARE.

  1. Indemnity

You agree to defend, indemnify, and hold SG and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability, including but not limited to reasonable attorneys’ fees, arising from or related to your breach of these Terms.

  1. Additional Terms for Certain Services or Sites

Registered Users, the Customer Portal, or other services may be subject to additional or different terms and conditions. We will notify you if the Website or service you are accessing is subject to terms and conditions that differ from these Terms, and if you access or use these services you agree to be bound by these additional terms and conditions.

  1. Modification to these Terms

We reserve the right to modify these Terms, and the Website. If we modify these Terms, they will be posted on the Website via a link to the terms and conditions, and any such modifications will take effect proactively, upon your subsequent access to the Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms, as changed.

  1. General

These Terms shall be governed in all respects by the laws of the State of New Hampshire without giving effect to its conflicts of law provisions. By using the Website, you submit to the personal jurisdiction of and venue in the state and federal courts in the State of New Hampshire. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and no way define, limit, construe, or describe the scope or extent of such section. SG’s failure to act with respect to a breach by you or others does not waive SG’s right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between SG and you with respect to the subject matter hereof and supersede prior or contemporaneous understanding, whether written or oral. Registered Users, however, may be subject to additional terms, policies, or licenses, which are not controlled by these Terms.

  1. Survival

The following provisions shall survive termination of your access to the Website and shall apply indefinitely:

Section 4   (SG Ownership; Reservation of Rights)
Section 9   (Disclaimers)
Section 10 (Limited Liability)
Section 11 (Indemnity)
Section 14 (General)
Section 15 (Survival)

 

  1. Effective Date

The effective date of these Terms and Conditions of Use is October 1st, 2015.

 

Should you have questions concerning this Agreement, or if you desire to contact Smartware Group for any reason, please contact: Smartware Group, PO Box 188, Center Harbor, NH 03226 – 866-858-7800.