Terms of Use

Shoptech Website Terms of Use

1. INTRODUCTION

Welcome to the Shoptech Industrial Software Corporation (“Shoptech”) Web site. Please review the following terms and conditions concerning your use of this site. By using this site, including downloading materials, you agree to these terms and conditions. Shoptech reserves the right to change these terms and conditions from time to time at its sole discretion. These terms and conditions apply to all visits to the Shoptech Web site, both now and in the future.

2. COPYRIGHT

© 1999 – 2000 Shoptech Industrial Software Corporation, 131 New London Turnpike, Suite 300, Glastonbury, CT 06033. All rights reserved.

3. USE OF WEBSITE

Shoptech hereby authorizes you to view, copy and print materials published on this Web site provided that they: (a) are used solely for personal, non-commercial purposes; (b) are not modified or altered in any way; and (c) retain all copyright and other proprietary notices in the same form as the original. All contents on this site are protected by copyright. Except as specifically permitted herein, no portion of the information on this Web site may be reproduced in any form, or by any means, without prior written permission from Shoptech. Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes.

4. USE OF SOFTWARE

Any software that is made available to download from Shoptech’s site (“Software”) is the copyrighted work of Shoptech or its suppliers. Any use of the Software is subject to the terms of the end-user’s license agreement.

5. TRADEMARKS

Shoptech and all Shoptech products or service names, slogans or logos referenced in this Web site are trademarks of Shoptech Industrial Software Corporation. All other company, product or service names referenced in this Web site are used for identification purposes only and may be trademarks of their respective owners.

No use of any Shoptech trademark or third party trademark used herein is permitted without the prior written consent of Shoptech or the third party owner of such mark.

6. DISCLAIMER

Although Shoptech has attempted to provide accurate information on the Web site; information on this Web site may contain technical inaccuracies or typographical errors. The contents of any documents on the Web site are believed to be current and accurate as of its publication date. Shoptech assumes no responsibility for the accuracy of the information. Shoptech may change the programs or products mentioned at any time without notice. For the most current and complete documents, please contact Shoptech directly. Mention of non-Shoptech products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SHOPTECH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

SHOPTECH AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY SHOPTECH PRODUCT, DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SHOPTECH OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Shoptech assumes no responsibility and shall not be liable for any delayed, lost or misdirected communications through its Web site.

7. LINKS TO THIRD PARTY SITES

This Web site may contain links to Web sites controlled by third parties. Shoptech provides these links merely as a convenience. Access to other web sites is at your own risk and Shoptech is not responsible for and does not endorse or accept any responsibility over the contents or use of these web sites.

8. ACCESS TO PASSWORD PROTECTED OR SECURE AREAS

Access to and use of password protected and/or secure areas of the Web site is restricted to authorized users only.

9. FORWARD-LOOKING STATEMENTS

Some of the information on this Web site may contain forward-looking statements regarding future events or anticipated product functionality, target release dates, and actual events or results may differ materially. These documents contain and identify the important factors that could cause the actual results to differ materially from those contained in our forward-looking statements, including, among others, potential fluctuations in quarterly results, rapid technological change and product development, highly competitive industry, reliance or third-party suppliers, and risks associated with international sales.

10. GOVERNING LAW AND JURISDICTION

The Web site is controlled by Shoptech from its offices in Glastonbury, Connecticut, United States of America. All matters relating to your access to, or use of, this Web site shall be governed by U.S. federal law or the laws of the State of Connecticut. Any legal action or proceeding relating to your access to, or use of, this Web site shall be instituted in a state or federal court in Connecticut. You and Shoptech agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Shoptech makes no representations that the information on this site is appropriate for use in other locations. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with any applicable local laws.

You may not access, download, use or export the information, software, products or services contained on this Web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.