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.
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
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
If you believe your account was accessed in an unauthorized manner, please notify us right away at firstname.lastname@example.org
. 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.
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.
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
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
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
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.
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.