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TERMS OF USE

(Last updated Jan 12, 2009)

1. Acceptance of Terms:

Your access to and use of this website ("www.sigmaplot.com” the Website) is subject exclusively to these Terms of Use. You will not use the Website for any purpose that is unlawful or prohibited by these Terms. By using this Website or any other web sites of Systat Software Inc. (SSI), its affiliates and agents with links to these Terms of Use in any way, including using, transmitting, downloading or uploading any of the Software made available or enabled via the site by SSI or by merely browsing the site you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms of Use you must immediately stop using the Website.

2. Description of Services:

Through its website www.sigmaplot.com , SSI provides you with access to a variety of resources, including 30-day trial downloads of software and product information. Some of the Software may be subject to additional posted conditions. Your use of those Software is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

3. Changes to Website and Software

The content of the pages of this website is for your general information and use only. SSI reserves the right to;

  • change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that SSI shall not be liable to you for any such change or removal.
  • change, remove, or discontinue any software,  or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that SSI shall not be liable for any such change or removal.
  • change or discontinue any promotional discount vouchers or coupon codes at anytime with notice and you confirm that SSI shall not be liable for any such change or removal.
  • change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4. Links to Third Party Website's :

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

5.  Linking to this Site:

If you would like to link to the site, you must follow SSI’s link guidelines. Unless specifically authorized by SSI, you may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the site. You may not mirror or frame the home page or any other pages of this site on any other web site or web page.

6. Copyright:

The site and the Content are protected by U.S. and/or foreign copyright laws, and belong to SSI or its Licensors. The copyrights in the Content are owned by SSI or other copyright owners who have authorized their use on the Site. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be modified, published, transmitted, reproduced, created derivative works of, distributed, publicly displayed, or in any way exploited in whole or in part (save to the extent strictly necessary for, and for the purposes of, accessing and using this website). Except as expressly provided in the Terms, SSI and its Licensors do not grant any express or implied rights to use the Site, Services and Materials.

SSI and the SSI Logo are trademarks which belong to SSI and they may not be used, copied or reproduced in any way without written consent from SSI.

For these purposes "Intellectual Property Rights" includes any patent, trade mark, trade name, service mark, service name, design, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

7. Software:

Any software available for download via the website is the copyrighted work of SSI and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

Your use of any information or materials on this website is entirely at your own risk, for which SSI shall not be liable. It shall be your own responsibility to ensure that any products or information available through this website meet your specific requirements.

8. Disclaimer of Warranties:

SSI MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE CONTENT AND THE SOFTWARE. SSI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT, AND ANY SOFTWARE FURNISHED OR TO BE FURNISHED VIA THE SITE. SSI DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SOFTWARE WILL BE CORRECTED. SSI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SOFTWARE  AND THE CONTENT ARE PROVIDED ON AN “AS IS” and “AS AVAILABLE” BASIS.

9. Limitation of Liability

IN NO EVENT WILL SSI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SOFTWARE OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SOFTWARE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SOFTWARE, OR THE CONTENT, EVEN IF SSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SOFTWARE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SOFTWARE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify and hold SSI and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against SSI arising out of any breach by you of these Terms or other liabilities arising out of your use of this Website.

11. Privacy policy:

All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy. Please click here to see our full privacy policy.

12. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Site, software or Materials in violation of the Terms you agree that SSI shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

13.  Password Security

If you register to become a sigmaplot.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

14. General Provisions

  • Entire Agreement: These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof.
  • No waiver: No waiver by SSI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  • Enforcement:  If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
  • Choice of Law/ Choice of Forum:  Any and all disputes relating to this Agreement, SSI’s Privacy Policy, your use of the Site, any other SSI web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions.

COPYRIGHT NOTICE.

Copyright © 2019 Systat Software Inc. - All rights reserved.
1735 Technology Drive Suite 430
San Jose, CA 95110
U.S.A.

 
 
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