A. Plug-In Software Demo Agreement Plug-in Software is a service/software provided by D.M. Chambers & Associates, subject to your compliance with the terms and conditions set forth below. 1. Copyright, Licenses and Idea Submissions. The entire contents of the software are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are D.M. Chambers & Assoc., its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL IN THE SOFTWARE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE UNLESS SPECIFIED. You may use portions of material from the different areas of the software solely for your own use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to D.M. Chambers & Assoc. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to D.M. Chambers & Assoc. by all means and in any media now known or hereafter developed. You also grant to D.M. Chambers & Assoc. the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against D.M. Chambers & Assoc. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to D.M. Chambers & Assoc..
Avisit.to, dmchambers.com, Plug-in Software, Pipeline, and/or any other names of D.M. Chambers & Assoc. or its publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of D.M. Chambers & Assoc.. Other product and company names mentioned in the software may be the trademarks of their respective owners.
2. Use of the Software. You understand that, except for information, products or services clearly identified as being supplied by D.M. Chambers & Assoc., does not operate, control or endorse any information, products or services on the Internet in any way. Except for D.M. Chambers & Assoc. identified information, products or services, all information, products and services offered through this software generally are offered by third parties that are not affiliated with D.M. Chambers & Assoc.. You also understand that D.M. Chambers & Assoc. cannot and does not guarantee or warrant that files and links will be valid for any period of time. You are responsible for implementing sufficient procedures and knowledge to satisfy your particular requirements for legalities pertaining to your business. D.M. Chambers and associates is in no way held liable for any outcomes, liabilities, or loss revenues from the use of this software.
3. Indemnification. You agree to indemnify, defend and hold harmless D.M. Chambers & Assoc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights. The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of D.M. Chambers & Assoc. and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination. This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws. You agree that any legal action or proceeding between D.M. Chambers & Assoc. and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction. Any cause of action or claim you may have with respect to the Service or Software must be commenced within one (1) month after the claim or cause of action arises or such claim or cause of action is barred. D.M. Chambers & Assoc.'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. . D.M. Chambers & Assoc. may assign its rights and duties under this Agreement to any party at any time without notice to you. Plug-In Software, All rights reserved. |