1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of Datawatch Corporation.
2. Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and Datawatch Corporation. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
3. Use of Forums and Public Communication
“Forum” means a discussion group, chat area, bulletin board, news group, letter to Datawatch Corporation, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, “junk mail,” “spam” or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become any commercial online or offline service or other organization. Except where expressly authorized by Datawatch, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Datawatch Corporation, you automatically grant (or warrant that the owner of such rights has expressly granted) Datawatch Corporation a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on or in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. Datawatch may delete content at any time.
4. Registration; Passwords and Security
In order to access the Site, or any portion thereof, you may be asked to provide registration data, including email address. You agree to provide true, accurate, current and complete registration data.
You shall not impersonate any other person, or misrepresent your affiliation with any entity or organization. Datawatch may disclose your registration information to comply with legal process or in response to legal action.
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Datawatch Corporation immediately of any unauthorized use of your password(s).
5. Termination of Use
You agree that Datawatch Corporation may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Datawatch Corporation.
6. Third Party Web Sites, Content, Products and Services
The Site may provide links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Datawatch Corporation is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Datawatch Corporation is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Datawatch Corporation is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Datawatch Corporation is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DATAWATCH CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DATAWATCH CORPORATION MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. DATAWATCH CORPORATION SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
DATAWATCH CORPORATION RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE, AND MAY DISCONTINUE THE SITE, OR ANY PORTION THEREOF, AT ANY TIME WITHOUT NOTICE.
8. Limitation of Liability
IN NO EVENT SHALL DATAWATCH CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Datawatch Corporation, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.
11. Feedback to Datawatch
By submitting ideas or documents (collectively “Content”) to Datawatch through its suggestion or feedback web pages or otherwise, you agree that Datawatch shall automatically own such Content without any obligation to compensate you, and shall be free to use, reproduce, modify, adapt, publish, transmit and distribute such Content on or in any form, medium, or technology now known or later developed. You represent that the Content does not contain confidential or proprietary information, and does not violate or infringe the intellectual property rights of third parties.
12. Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Massachusetts. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Boston, Massachusetts. You and Datawatch Corporation agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
13. Copyright/Trademark Information
Copyright © 2009-2014, Datawatch Corporation. All rights reserved.
Datawatch, Datawatch Desktop, Datawatch Modeler, Datawatch Server, Datawatch Automator, Datawatch Report Manager On-Demand, Datawatch Report Mining Server are trademarks or registered trademarks of Datawatch Corporation. Other names appearing on the Site may be trademarks of their respective owners.
14. Contact Information