Welcome to the Software Tree Website and thank you for reading this document ("Agreement"). This Website provides information on Software Tree products and services for visitors of at least 13 years of age. Please read these Terms of Use carefully before accessing or using the Website and especially the Forum. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services including purchasing software products.
The following terms and conditions govern all use of the softwaretree.com website and all Content and services available at or through the website. This Content may include, but is not limited to, product information and documentation, software trials, images, example code, and flash demos (taken together "Content"). The Software Tree Forum allows registered visitors to post and discuss topics relevant to Software Tree products, as well as comment on Content and upload non-proprietary digital information such as technical documents, images, and code examples. Other services which include, but are not limited to, registering for an account, posting to the Forum, and downloading software (taken together, "Services") are available only to persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms. Visitors under the age of majority may register for an account and use the related Services; provided, however, that if they are under the age of majority in their jurisdiction but over 13 years of age, they may register with the express permission of their parent or legal guardian.
The Website ("Content", "Forum" and "Services" taken together, the "Website" or "website") is owned and operated by Software Tree, LLC("Software Tree"). The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Software Tree's Privacy Policy) and procedures that may be published from time to time on this Site by Software Tree (collectively, the "Agreement").
Exports and Embargos
Software Tree is an United States based company. Whether you are accessing this website from within or outside of the United States you must abide by the current export and embargo sanctions of the United States. If you reside in, do business with, or contract for any United States embargoed country you may not register for an account on this website or acquire or redistribute any Software Tree software products, deployed applications, demos, tutorials, or services. Read the current Export Administration Regulations if you have any questions.
Your Account
If you create an account on the Website you will become a Registered User and you will be allowed to contribute to the Forum and purchase products. If you do so, you are responsible for any contributions you make to the Forum. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Master Terms. By registering for an account or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are at least an age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Master Terms and any applicable Additional Terms.
Rights in the Content You Submit
Do not submit confidential information as all Content you submit will be treated as non-confidential and unrestricted. For Content you submit other than your own, attribute your submission to the original author and label your submission with a full copyright notice, i.e., the author's name, the word "copyright" or symbol "©" and the year of first publication. By posting your own Content you are granting Software Tree a non-exclusive, royalty-free, perpetual, and worldwide license to use your Content, including, without limitation, the license rights to copy, modify, adapt, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content, and/or to incorporate it into a collective work which might be used for future products and documentation. When publicly displaying, publicly performing, reproducing or distributing copies of your Content, or Content as incorporated into a collective work, Software Tree will make best efforts to credit your authorship. You grant Software Tree permission to use your name for such attribution purposes. You, likewise, agree to represent yourself accurately. You acknowledge that misrepresentation may lead us, in our sole discretion, to cancel your use of the Services and delete any of your Content.
Responsibility of Contributors
You are responsible for the Content you submit to the Forum and other Services. If you comment on a web page or post material to the Forum, post links on the Forum or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio and/or visual file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to the Software Tree Website, you grant Software Tree the Rights in the Content you Submit. You represent and warrant also that the Content you supply does not violate these Terms, and that you will indemnify and hold Software Tree harmless for any and all claims resulting from Content you supply. Without limiting any of those representations or warranties, Software Tree has the right (though not the obligation) to, in Software Tree's sole discretion (i) refuse or remove any Content that, in Software Tree's reasonable opinion, violates any Software Tree policy or is in any way harmful or objectionable, or (ii) deny access to the Forum and other Services to any individual or entity for any reason, at Software Tree's sole discretion. Software Tree may pre-screen or regularly review posted Content, and that it shall have the right to remove in its sole discretion any Content that it considers to violate these Terms or the terms of any other agreements that Software Tree may have entered into per its web hosting service provider. As a general matter, a Registered User may post so long as the Content is not illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
Accessing
You understand that all Content posted to the Software Tree Website is the sole responsibility of the individual who originally posted the Content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as representatives of Software Tree.
You agree that Software Tree will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any Content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You may download and use digital Content from this Website with the following caveats: (a) the Content is used in conjunction with licensed Software Tree products, or for personal non-commercial purposes, and (b) the downloaded Content may not be redistributed without written permission from Software Tree. Demo and example code may be modified to suit your needs as long as it does not violate (a) or (b) above and the original author is acknowledged (do not remove author name, acknowledgments and/or license information in source code headers).
Intellectual Property
This Agreement does not transfer from Software Tree to you any Software Tree or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Software Tree. Software Tree, softwaretree.com, the Software Tree logo, and all other trademarks, service marks, graphics and logos used in connection with the Website and its Content are trademarks or registered trademarks of Software Tree or Software Tree's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Software Tree or third-party trademarks.
Refund Policy
If a license key for a product is issued after a payment has been made, Software Tree will not offer any refund for it for any reason because Software Tree cannot prevent the license key from being used after it is issued. So, before purchasing a license for our product, you should evaluate the product with a free evaluation version and make sure that the product meets your application needs. However, if the license key issued by Software Tree does not work as expected, Software Tree will make reasonable efforts to rectify the problem.
Disclaimer of Warranties and Limitation of Liability
This site is provided on an "as is" and "as available" basis. Software Tree makes no representations or warranties of any kind, express or implied, as to the site's operation or the information, Content or materials contributed to or posted on this site. To the full extent permissible by applicable law, Software Tree hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. Software Tree will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site solely at your own risk.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and webpages to which the Content on the Website links, and that link to softwaretree.com. Software Tree does not have any control over those non-Software Tree Websites and webpages, and is not responsible for their Contents or their use. By linking to a non-Software Tree Website or webpage, Software Tree does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. Software Tree disclaims any responsibility for any harm resulting from your use of non-Software Tree Websites and webpages.
Privacy Policy
Please be sure to read our Privacy Policy, which is incorporated herein by reference.
Termination
Software Tree may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Modification of These Terms of Use
Software Tree reserves the right at any time to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Software Tree may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Copyright Complaints
Software Tree respects the intellectual property of others, and requires that our users do the same. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact us at info@softwaretree.com and report this infringement.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Software Tree Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable Content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Software Tree, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms and Conditions. Please see the applicable agreement or notice.
This Agreement constitutes the entire agreement between Software Tree and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Software Tree, or by the posting by Software Tree of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New Mexico, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Alamos County, New Mexico. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules by an arbitrator appointed in accordance with such Rules. The arbitration shall take place in Los Alamos, New Mexico, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Software Tree may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Thank you for reading this document and if you have any questions please send us a message at info@softwaretree.com.
Creative Commons Terms License
This terms of use document is licensed under a Creative Commons Attribution-Share Alike 3.0 United States License, which means you're more than welcome to copy it and repurpose it for your own use, just make sure to replace references to us with ones to you, and if you want we'd appreciate a link to softwaretree.com somewhere on your site as an acknowledgement. Most of the content of this Agreement was adapted from a similar agreement on ErgoTech.com website under a Creative Commons Attribution-Share Alike 3.0 United States License and we thankfully acknowledge this.