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Blandware Company Website - Terms of use and legal restrictions

YOU MUST READ THESE BLANDWARE WEBSITE TERMS OF USE ("TERMS") CAREFULLY. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

The following are terms of a legal agreement between You and Blandware. Use of the Blandware website («Site»)and its services are subject to the following Terms of Use Agreement (“TOU”). By using this website, You acknowledge and agree to these limitations as set forth. Blandware reserves the right to update the TOU at any time without notice. Blandware may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

USE OF SITE

You are entirely responsible for all Content that You upload, post or otherwise transmit via the Site. You agree not to upload, post or otherwise transmit via the Site Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Blandware or other users of the Site; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Blandware reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.

You agree that You will not use the Site to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Blandware or someone else, or spoof Blandware's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent Your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; (g) collect or store personal data about other users unless specifically authorized by such users; (h) use the Site in any manner that could damage, disable, overburden, or impair any Blandware server, or the network; (i) connected to any Blandware server, or interfere with any other party's use and enjoyment of any Services; (j)attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Blandware server or to any aspect of the Site, through hacking, password mining or any other means; (k)obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including, but not limited, its services, content and etc.

USE OF CONTENT

The content of the Site may include, without limitation, information, materials, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs.

This Site and all content in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Blandware's prior written consent, except that Blandware grants You non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on Your computer and for informational, personal or non-commercial use of this Site only. This permission is conditioned on Your not modifying the content displayed on this site, Your keeping intact all copyright, trademark, and other proprietary notices, and Your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site.

Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to You, without prior notice, and You must immediately destroy all downloaded materials in Your possession or control. Except for the limited permission in the preceding paragraph, You may not mirror any of the content from this site on another Web site or in any other media.

USE OF SOFTWARE

Any software that is made available to download from this Site is the copyrighted work of Blandware and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless You have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.

COPYRIGHT AND TRADEMARK INFORMATION

The Content of this Site, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Content or Services may violate such laws and the Terms of Use. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

Blandware trademarks are the property of Blandware; they include all names, marks, brands, logos, designs, trade dress, slogans and other designations Blandware uses in connection with its products and services, displayed on this site. You are not permitted to use the marks without the express written consent of Blandware or any license issued by Blandware. You acknowledge Blandware rights in Blandware trademarks and agree that any use of Blandware trademarks by You shall inure to Blandware's sole benefit.

CERTAIN DISCLAIMERS

Although Blandware attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the "Contents") on the Site, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose.

Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Blandware assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, You should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

Blandware provides no assurances that any reported problems will be resolved by Blandware, even if Blandware elects to provide information with the goal of addressing a problem.

You agree to indemnify and hold harmless Blandware, its subsidiaries and affiliates, from any claim, cost, expense, judgment or other loss relating to Your use of this Site, including without limitation of the foregoing, any action You take which is in violation of the terms and conditions of these Terms.

LIMITATION OF LIABILITY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. BLANDWARE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, BLANDWARE MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL BLANDWARE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BLANDWARE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

CHANGES

Blandware reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time. Changes in these Terms will be effective when the updated version of Terms is posted on the Site. Your continued use of Site after any changes to these Terms are posted will be considered acceptance of those changes. Blandware may terminate, change, suspend or discontinue any aspect of Site, including the availability of any features of the Site, at any time. Blandware may also impose limits on certain features and services or restrict Your access to parts or all of the Site without notice or liability. Blandware may terminate the authorization, rights and license given above and, upon such termination, You shall immediately destroy all Materials, including their copies.

EXTERNAL LINKS

This Site may provide links or references to other Web sites and resources. Blandware makes no representations, warranties, or other commitments whatsoever about those Web sites or third-party resources that may be referenced, accessible from, or linked to the Blandware site. A link to a non-Blandware Web site does not mean that Blandware endorses the content or use of such Web site or its owner.

Blandware is not a party to or responsible for any transactions You may enter into with third parties, even if You learn of such parties (or use a link to such parties) from the Blandware site. Links to other websites are provided by Blandware as a convenience to its users. Accordingly, You acknowledge and agree that Blandware is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When You access a non-Blandware Web site, even one that may contain the Blandware-logo, please understand that it is independent from Blandware, and that Blandware does not control the content on that Web site. It is up to You to take precautions to protect Yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect Your information as You deem appropriate.

LINKING TO THIS SITE

All links to this Site must be approved in writing by Blandware, except that Blandware consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent Your relationship with Blandware; (c) imply that Blandware approves or endorses You, Your Web site, or Your service or product offerings; and (d) present false or misleading impressions about Blandware or otherwise damage the goodwill associated with the Blandware name or trademarks. As a further condition to being permitted to link to this site, You agree that Blandware may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, You agree to immediately remove all links to this Web site and to cease using any Blandware trademark.

USE OF COMMUNICATION SERVICES

Through its network of Web properties, Blandware provides You with access to a variety of resources (“Services”) including general information, message and/or communication facilities, downloads, news, etc. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms.

The Services may also contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable You to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, You agree that when using the Communication Services, You will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
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, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as 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.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

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

Blandware reserves the right at all times to disclose any information as Blandware deems 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 Blandware's sole discretion.

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

Materials uploaded to the Communication Services 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.

INDEMNITY

INTERNATIONAL USERS AND CHOICE OF LAW

The Site is controlled, operated and administered by Blandware from its office within the Russian Federation. Blandware makes no representation that materials at this site are appropriate or available for use at other locations outside the Russian Federation and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of any applicable export laws and regulations. If You access this Site from a location outside the Russian Federation, You are responsible for compliance with all local laws. These Terms shall be governed by the laws of the Russian Federation, without giving effect to its conflict of laws provisions. You agree that the appropriate court in the Russian Federation, will have the exclusive jurisdiction to resolve all disputes arising under these Terms, and You consent to personal jurisdiction in such forum.

These Terms constitute the entire agreement between Blandware and you with respect to your use of the Site. Any cause of action you may have with respect to your use of Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

GLOBAL AVAILABILITY

Information Blandware publishes on the World Wide Web may contain references or cross references to Blandware products, programs and services that are not announced or available in Your country. Such references do not imply that Blandware intends to announce or make available such products, programs, or services in Your country.

TRANSLATIONS

Certain text in this Site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to You, and Blandware makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

CONFIDENTIAL INFORMATION

Blandware does not want to receive confidential or proprietary information from You through the Blandware's Site. Please note that any information or material sent to Blandware will be deemed NOT to be confidential. By sending Blandware any information or material, You grant Blandware an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Blandware is free to use any ideas, concepts, know-how, or techniques that You send us for any purpose. However, we will not release Your name or otherwise publicize the fact that You submitted materials or other information to us unless: (a) we obtain Your permission to use Your name; or (b) we first notify You that the materials or other information You submit to a particular part of this site will be published or otherwise used with Your name on it; or (c) we are required to do so by law. Personally-identifiable information that You submit to Blandware for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding Blandware’s privacy policies.

PRIVACY

Blandware collects such types of information as personal information, non-personal data collection and aggregate reporting.

Personal information is information that is associated with Your name or personal identity.

Blandware uses personal information to understand better Your needs and interests and to provide You with better service. Once You choose to provide Blandware with personal information, You can be assured it will be used only to support Your customer relationship with Blandware. Blandware will not sell, rent or lease Your personal information to others. On some Blandware Web sites, You can order products or services, apply for instant credit, request information, subscribe to marketing or support materials, register Yourself or Your Blandware products, or apply for a job at Blandware. The types of personal information You provide to us on these pages may include name, address, phone number, e-mail address, user IDs and passwords, billing and transaction information, credit card information, contact preferences, educational and employment background, and job interest data. This information will be used by Blandware's financial services providers in determining whether to extend You credit.

To personalize Blandware's Web sites, services or communications and improve our products and services, we may also ask You to provide us with information regarding Your personal or professional interests, demographics, and experiences with our products or services. Providing this additional information is optional.

Non-personal information is data about usage and service operation that is not associated with a specific personal identity.

Blandware collects and analyzes non-personal information to evaluate how visitors use the Blandware websites. Non-personal data Blandware collects may include the pages visited on the Blandware Web sites, unique URLs visited within Blandware.com, browser type and IP address. Most non-personal data is collected via cookies or other analysis technologies. Blandware.com Web pages use cookies, Web beacons and other technologies for data analysis and personalization services. Blandware also places ads on other Web sites that may use cookies.

Information collected by Blandware from commercially available sources that it deems credible.

Such information may include Your name, address, email address and demographic data. The information Blandware collects from its commercial sources may be used along with the information Blandware collects when You visit Blandware’s websites. For example, Blandware may compare the geographic information acquired from commercial sources with the IP address collected by Automatic Data Collection Tools to derive Your general geographic area.

Blandware will not sell, rent or lease Your personal information to others except as described in this section. Blandware shares personal information in the following ways:

- Blandware retains service providers and suppliers to deliver complete products, services and customer solutions and to assist Blandware with marketing and communication initiatives. These providers and suppliers include, for example, credit card processors, providers of customer support and live-help, email service providers, automated data processors, and shipping agents. Suppliers and service providers are required by contract to keep confidential the information received on behalf of Blandware and may not use it for any purpose other than to carry out the services they are performing for Blandware.

- From time to time, Blandware participates in marketing initiatives with other companies. As part of these initiatives, certain Blandware services and marketing communications are delivered at the same time as those from other companies. Some of these services and communications offer You the option to share personal information with both Blandware and the other companies participating in these initiatives. For example, You may receive marketing communications from Blandware and other companies or have the opportunity to register online for software products from multiple companies. If You choose to provide personal information only to Blandware, Blandware will not share this information with the other companies participating in that marketing initiative. If You choose to provide personal information to the other companies, that personal information will be handled according to the privacy policy of those companies.

- Blandware will require the export of Your personal information to other Blandware-owned business entities in the Russian Federation in accordance with this section to satisfy Your request. Such export is a requirement of providing the information to Blandware.

Except as described in this section, Blandware will not share the personal information You provide to Blandware with non-Blandware third parties without Your permission, unless to: (a) respond to duly authorized information requests of police and governmental authorities; (b) comply with any law, regulation, subpoena, or court order; (c) help prevent fraud or to enforce or protect the rights and properties of Blandware or its subsidiaries; or (d) protect the personal safety of Blandware employees and third parties on Blandware property.

Circumstances may arise where, whether for strategic or other business reasons, Blandware decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Blandware’s practice to seek appropriate protection for information in these types of transactions.

Blandware intends to protect Your personal information and to maintain its quality. Blandware implements appropriate measures and processes, such as using encryption when transmitting certain sensitive information, to help us to keep Your information secure and to maintain its quality.

From time to time Blandware may supplement information given by You via an Blandware's Site with information from other sources, such as information validating Your address or other available information about businesses. This helps to maintain the accuracy of the information Blandware collects and to provide a better service.

GENERAL TERMS

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.