Delsoft - Term of Use

Last updated: January 2023

1. ACCEPTANCE.

   Your use of the Delsoft Online Services Portal ("Portal") is governed by these Terms of Use ("TOU"). Delsoft reserves the right to update these TOU at any time without notice to you. You may only access or use the Portal if you agree to these terms. If you do not agree, do not access or use the Portal.

2. ONLINE SERVICES SOLD THROUGH PORTAL.

   Delsoft offers a variety of online services for trial or purchase through this Portal (collectively, "Services"). These TOU do not govern the trial, sale, purchase or other use of the Services. The Services, including any updates, enhancements or new features, are governed by the agreement(s) under which you purchase or use them.

3. ACCEPTABLE USE.

   As a condition of your use of the Portal, you must comply with the Delsoft Online Services Use Policy.

4. ACCOUNT, PASSWORD AND SECURITY.

   If any part of the Portal requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will also be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Delsoft immediately of any unauthorized use of your account or any other breach of security. Delsoft will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Delsoft or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

5. PRIVACY.

   Please read the Privacy notice for information about Delsoft's collection and use of your personal information. The Services may be governed by their own privacy statement(s), as referenced in the applicable agreements and sign-up processes specific to each Service.

6. NOTICE REGARDING PORTAL AND SOFTWARE OR DOCUMENTS AVAILABLE VIA THE PORTAL.

   IN NO EVENT WILL DELSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PORTAL, INCLUDING WITHOUT LIMITATION ANY SOFTWARE OR DOCUMENTS AVAILABLE VIA THE PORTAL.

7. SOFTWARE AVAILABLE FROM THE PORTAL.

   Any software that is made available to download from the Portal ("Software") is the copyrighted work of Delsoft 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"). Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil or criminal penalties.

   THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, DELSOFT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

   FOR YOUR CONVENIENCE, DELSOFT MAY MAKE AVAILABLE THROUGH THE PORTAL TOOLS OR UTILITIES FOR USE AND/OR DOWNLOAD. DELSOFT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS OR UTILITIES.

8. DOCUMENTS AVAILABLE FROM THE PORTAL.

   Permission to use documents, such as help topics, white papers, datasheets and FAQs (collectively, "Documents"), that are made available on the Portal is granted, provided that (a) you do not remove or obfuscate any copyright notice, (b) the copyright notice must appear in all copies, together with the content of this permission notice, (c) use of the Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (d) no modifications of the Documents are made. Use for any other purpose is expressly prohibited by law, and may result in civil or criminal penalties.

   Documents specified above do not include the design or layout of the Portal. Elements of the Portal are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Portal may be copied or retransmitted unless expressly permitted by Delsoft.

   DELSOFT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. THE DOCUMENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Delsoft AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

9. INTELLECTUAL PROPERTY RIGHTS.

   Delsoft or its suppliers retain all right, title and interest in and to the Portal, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. Delsoft reserves all rights not expressly granted. These TOU do not grant or imply any rights to any Delsoft or supplier trademarks, trade names or logos.