SOVA Systems

            Terms for User Sites

            Last updated by the SOVA Legal team on December 27, 2017

            Access to User Sites

            By registering for sovasystems.com you agree, on behalf of your employer or company, to be bound by these User Site Terms. In addition to the sovasystems.com Site Terms, which are hereby incorporated by reference, these terms govern your access to and use of the sovasystems.com User Sites (“User Site Terms”). If you do not agree to these terms, or you do not have the authority to bind your employer or company to these terms, you must not register or use the User Sites.


            You should check these terms frequently, as we may update them from time to time. Usually, when we update, modify or change the User Site Terms we will present you with a notification link to the new User Site Terms when you login to your sovasystems.com account, but if we don’t, you’ll find the date of the most recent update at the top of this page. If you do not agree to the changed, modified or updated User Site Terms you must not access or use the User Sites.

            Any capitalized terms that are not defined, will have the definitions given in the sovasystems.com Site Terms.

            Your Account

            In order to register for a sovasystems.com account, authorized users must provide all required information, including your first and last name. Certain areas of the User Sites may display your full name, you can provide an “alias” name that will be displayed instead of your name. You can review our Privacy Policy here.


            Remember that you are responsible for protecting and maintaining the confidentiality of your account, including your username and password. What happens under your username is your responsibility; so make sure you take the proper measures to do things like restricting access to your computer.

            If you believe your account was accessed in an unauthorized manner, please notify us right away at support@sovasystems.com. While we hope we never have to do this, remember that we reserve the right to terminate your account, remove content, cancel orders, etc. at any time for any reason.

            Users

            The User Sites listed below have some additional terms that are specific to the use of those sites. These may be in addition to or in place of some of the terms found here and/or in the Site terms.


            Except with respect to information that is available publicly on sovasystems.com or as otherwise set forth herein, you agree not to disclose any information obtained from the User Sites to any third party and you further agree to treat such information as confidential.

            Support Site

            Your use of the support sites, such as support.sovasystems.com and any associated patches, upgrades, downloads of code and other documentation are limited to the rights defined in the applicable license and support agreement between you and SOVA Systems.


            All information posted on or in the support site is SOVA confidential information unless otherwise specified. If you need to modify, add or delete access to the support site, you can do so by opening a support ticket.

            Development Participation

            SOVA may from time to time ask you to participate in pre-release activities such as product beta testing. Such activities may occur on a User Site or via other methods (e.g. web sessions, teleconferences, live demos, etc.). Regardless of the method of communication used, any pre-release materials shall be subject to the disclaimers and limitations of liability contained in the Site Terms. SOVA reserves the right to terminate your access or use of pre-release materials at any time, for any reason, and you agree to promptly return or destroy such materials as instructed by SOVA. SOVA does not guarantee that the commercially available release of a product or service, if any, will be identical to the pre-release materials.


            You agree that all such materials provided to you, including any content posted on the applicable site, in connection with any pre-release activities are considered SOVA confidential information and can only be used for non-commercial evaluation and testing purposes consistent with the scope of the pre-release activity, and any software testing shall only occur in non-production environments. Since access to such materials includes access to SOVA’s software or other confidential and proprietary information, you further agree you will not (i) copy the materials (except for reasonable archival purposes); (ii) modify, reverse compile, reverse engineer, reverse assemble, benchmark or perform competitive analysis on the materials except solely to the extent permitted under applicable law without the possibility of contractual waiver; or (iii) distribute or otherwise provide access to the materials to third parties. Due to the varying nature of pre-release activities that SOVA may conduct, you may be asked to agree to additional terms as a condition of your participation in a particular activity.

            The prices presented to you do not include any applicable sales or services taxes, which will be assessed and included at the time of invoice or applicable payment method. You are responsible for complying with all other applicable tax laws, including VAT, federal, state and local tax, personal property tax (other than franchise and income taxes for which SOVA is responsible), import and custom duties and any other applicable taxes.

            Any order confirmation or similar communication you may receive means that we have received your order, not that we have accepted it. We reserve the right to accept or decline an order for any reason. The issuance of an invoice by SOVA is considered our acceptance of your order. Unless provided otherwise by law, all charges are final and non-refundable.

            If the event of non-payment of fees due for an Offering, in addition to the rights and remedies outlined in the accompanying Licensing or Subscription Agreement, SOVA may terminate your access to the Offerings, if applicable.

            Indemnification

            You agree to indemnify, defend and hold harmless SOVA, and its affiliates, from and against any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorney fees and court costs) (collectively, “Losses”) arising out of or related to: (i) your actual or alleged breach of these User Site Terms or other applicable SOVA use policy; (ii) your use of the User Sites and any Offerings or other content in connection thereof; (iii) use or distribution of content or information provided, uploaded, or transferred to the User Sites by you or any user under your account, authorized or unauthorized; or (iv) any action taken by SOVA as part of its investigation of a suspected violation of these User Site Terms, or as a result of a finding or decision by SOVA that such a violation has occurred. In the event SOVA receives notice of the foregoing, SOVA will notify you in writing and will permit you to have sole control of the defense of any such claim or action and all negotiations for its settlement and compromise, provided you give adequate assurances to SOVA that you will diligently pursue and are capable of resolving the claim. You agree that you will not enter into any settlement and/or compromise admitting any fault or liability on behalf of SOVA without SOVA’s express prior written consent.

            About These Terms

            You agree and consent to receive electronic communications from SOVA about your account and all related activities. Electronic communications means that notices, disclosures, orders, or updates etc., will be sent to the e-mail address you provide or by posting them to the Site (including the User Sites).


            To the maximum extent permitted by applicable law, any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to the User Site Terms.

            Nothing in these User Site Terms affects any statutory rights of consumers that cannot be waived or limited by contract.
            Updated: 28 Dec 2017 09:49 AM
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