Terms and Conditions
1 General Use Restrictions
All information, documents, products, goods, software, and services (the “Materials”) provided on this Website were provided by or to Adaptavist by their respective manufacturers, authors, developers and vendors (the “Third Party Providers”) and are the copyrighted work of Adaptavist and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Adaptavist or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may reproduced or retransmitted in any way, or by any means, without the prior express written permission of Adaptavist. You also may not, without Adaptavist’s prior express written permission, link to or “mirror” any Material contained on this Website on any other server.
Nothing on this Website shall be construed as conferring any license under any of Adaptavist’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download Adaptavist’s Materials on this Website provided that:
- you have written permission from Adaptavist stating that you are authorised to do so and this permission notice appears in the Materials,
- the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and
- no modifications of any of the Materials are made.
- This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials.
Any unauthorized use of any Materials contained on this Website may violate copyright laws, intellectual copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2 Third Party Content Disclaimer
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Adaptavist. Adaptavist does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Adaptavist and its affiliates.
Adaptavist is committed to respecting others’ intellectual property rights, and we ask our users to do the same. Adaptavist may, at its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact us at http://www.adaptavist.com/contact/.
3 Links to Third Party Sites
This Website may be linked to other websites which are not under the control of and are not maintained by Adaptavist. Adaptavist is not responsible for the content of those sites. Adaptavist is providing these links to you only for your convenience, and the inclusion of any link to such sites does not imply endorsement by Adaptavist of those sites.
4 Software Use Restrictions
Any software that is made available to download from the Website (the “Software”) is the copyrighted work of Adaptavist and its affiliates and/or Third Party Providers. 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 (the “License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Limited installation assistance, product support and maintenance, if any, of the Software is available from Adaptavist and/or the Third Party Providers, as the case may be.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6 Disclaimer of Warranty UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS”, ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ADAPTAVIST MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE OR ANY DELAYS OR ERRORS. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.
7 Limitation of Liability ADAPTAVIST SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL ADAPTAVIST BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF ADAPTAVIST HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST ADAPTAVIST FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD ADAPTAVIST HARMLESS FROM, AND YOU COVENANT NOT TO SUE ADAPTAVIST FOR, ANY CLAIMS BASED ON USING THE WEBSITE.
8 Local Laws; Export Control Adaptavist controls and operates this Website from England, United Kingdom (“UK”) and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in the UK, Europe, the United States and Australia.
You acknowledge and agree that Materials are subject to the UK Laws and Regulations. Diversion of such Materials contrary to UK law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the UK Government.
9 General This Website could include inaccuracies or typographical errors. Adaptavist and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website to replace/update existing material or add new content.
Any action related to these Terms will be governed by UK law. Any disputes relating to these Terms or the website will be governed by and construed in accordance with the applicable laws of England and Wales and shall be submitted to the exclusive jurisdiction of the English courts. Notwithstanding the foregoing, Adaptavist may bring a claim for equitable relief in any court with proper jurisdiction. If any of these terms are found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Adaptavist’s failure to enforce any of the Terms is not a waiver of such term. The Terms are the entire agreement between you and Adaptavist and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and Adaptavist about the Websites. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of the Terms.
These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. Adaptavist can revise these Terms at any time without notice by updating this posting and it is your responsibility to check these Terms from time to time for updates.
10 Software codes and scripts 10.1 Ownership and Intellectual Property Rights All documents, code, scripts and other user contributions (collectively the ‘User Content’), including any rights in intellectual property or otherwise with regard to the User Content shared via the Adaptavist code library, shall all vest solely with Adaptavist. Adaptavist shall have an exclusive, royalty-free, transferable, sub-licensable, worldwide right to license, host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of such User Content. By agreeing to use our services, you agree to these terms and disclaim any right of ownership to the User Content.
10.2 Warranty Disclaimer Adaptavist does not warrant that your use of the codes and scripts will be uninterrupted or error-free. We do not guarantee we will be able to rectify all defects. Adaptavist does not warrant the accuracy and quality of the codes.
10.3 Regarding the User Content All use and publication of the User Content shall be at Adaptavist’s own discretion. We may choose to use the User Content ‘as is’, or refactor and repurpose the User Content, add/amend the description of the User Content, and/or continually test the User Content, in order to make it compatible with Adaptavist standards and rules. We may also choose to:
10.3.1 publish the User Content via Adaptavist communications and publications,
10.3.2 share the User Content through our media channels and other official documentation,
10.3.3 distribute the User Content through marketing material at Adaptavist events or other collaborative events.
Adaptavist shall endeavour to extend necessary support for the sharing and maintenance of the User Content, provided that Adaptavist shall have the right to withdraw any such support at its own discretion.
11 Changes to our terms and conditions We may update this terms and conditions from time to time. Amendments to these terms will be effective upon posting and operate as a condition of your continued use of our software. It is your responsibility to check this page periodically for any updates to this terms and conditions. We encourage you to review our terms and conditions whenever you use our products and services to stay informed about our practices.