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Acceptance
of terms
Welcome to
the website of Digitech Software Solutions. On this website,
Digitech makes available to you a wide
range of information, websites, software, products, documents,
communications, files, text, graphics, publications, content,
forums, resources, and services.
Trademark
usage guideline
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. By accessing and using this website in any way,
including, without limitation, browsing the website, using any
information, using any content, using any services, downloading
any materials, and/or placing an order for products or services,
you agree to and are bound by the terms of use described in this
document ("Terms of Use"). IF YOU DO NOT AGREE TO ALL OF THE
TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE
THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into by
and between Digitech and you. If you are using the website on behalf
of your employer, you represent that you are authorized to
accept these Terms of Use on your employer's behalf.
Digitech reserves the right, at Digitech's sole discretion, to change,
modify, update, add, or remove portions of the Terms of Use at
any time without notice to you. Please check these Terms of Use
for changes. Your continued use of this website following the
posting of changes to the Terms of Use will mean you accept
those changes.
Use
of materials limitations
All materials contained in the website are the copyrighted
property of Digitech, its subsidiaries, affiliated companies and/or
third-party licensors. All trademarks, service marks, and trade
names are proprietary to Digitech, or its subsidiaries or affiliated
companies and/or third-part licensors.
Unless otherwise specified, the materials and services on this
website are for your personal and non-commercial use, and you
may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or
services obtained from the website without the written
permission from Digitech.
Privacy
policy
Digitech respects your desire for privacy. Your information may be
stored and processed in India or any other country in which
Digitech or Digitech representatives and affiliates maintain facilities.
This information is highly protected and is stored in a secure
and controlled environment. By using this site, you consent to
any such transfer of information outside of your country and you
consent to the terms of our Privacy Policy.
Use of
software on the website
Any software that is made available to download from the website
("Software") is the copyrighted work of Digitech 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"), or as
expressly stated on the website pages accompanying the software.
An end user will be unable to download or install any Software
that is accompanied by or includes a License Agreement, unless
he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by
end users according to the 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 severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible. Absent a
License Agreement that accompanies the Software, use of the
Software will be governed by the Terms of Use.
Without limiting the foregoing, copying or reproduction of the
software to any other server or location for further
reproduction or redistribution is expressly prohibited, unless
such reproduction or redistribution is expressly permitted by
the license agreement accompanying such software.
The software is warranted, if at all, only according to the
terms of the license agreement. Except as warranted in the
license agreement, Digitech Software Solutions. 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, Digitech may make available as part of the
services or in its materials or software products, tools and
utilities for use and/or download. Digitech does not make any
assurances with regard to the accuracy of the results or output
that derives from such use of any such tools and utilities. You
shall respect the intellectual property rights of others when
using the tools and utilities made available on the services or
in Digitech software products.
Restricted
rights legend
The permission to use documents and publications does not
include permission to copy the design elements, look and feel,
or layout of this website. Those elements of the website are
protected by law, such as 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
website may be copied or retransmitted unless expressly
permitted by Digitech.
Except as expressly provided otherwise, Digitech and/or its
respective suppliers make no representations about the
suitability of the information contained in the documents and
publications and related graphics published on the website for
any purpose. Except as expressly provided otherwise, all such
documents and related graphics are provided "as is" without
warranty of any kind. Except as expressly provided otherwise,
Digitech and/or its respective 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. In no event shall Digitech
and/or its respective suppliers be liable for any special,
indirect or consequential damages or any damages whatsoever
resulting from loss of use, data or profits, whether in an
action of contract, negligence or other tortuous action, arising
out of or in connection with the use or performance of
information available from the website.
The documents and related graphics published on the services
could include technical inaccuracies or typographical errors.
Changes are periodically added to the information herein.
Digitech
and/or its respective suppliers may make improvements and/or
changes in the product's and/or the program's described herein
at any time without notice.
Disclaimers and other notices on the user of the website
Except as expressly provided otherwise, all information,
software, documentation, materials, services and publication are
provided "as-is" without warranty of any kind and
Digitech hereby
disclaims all warranties either expressed or implied, including
but not limited to, implied warranties of merchantability or
fitness for a particular purpose. In addition, except as
expressly provided otherwise, Digitech disclaims any warranties of
non-infringement, title, or quiet enjoyment. In no event shall
Digitech and/or its respective suppliers be liable for any special,
indirect or consequential damages or any damages whatsoever
resulting from loss of use, data or profits, whether in an
action of contract, negligence or other tortuous action, arising
out of or in connection with the use of this website, use or
performance of software, documents, materials, publications,
provision of or failure to provide services, or information
available from the website.
Except as expressly provided otherwise, you assume all risks
concerning the suitability and accuracy of the information
within the website, materials, publications and documents. The
website, materials, publications and documents may contain
technical inaccuracies or typographical errors. Digitech assumes no
responsibility for and disclaims all liability for any such
inaccuracies, errors or omissions in the website, materials,
publications and documents and in any other reference.
Digitech may make changes to the website, information, software,
website, documents, publications, prices, technical
specifications, product offerings and any other information and
materials on the website at any time and without notice.
The website contains links to third-party sites which are not
under the control of Digitech and Digitech is not responsible for the
contents on any linked site or any link contained in a linked
site, or any changes or updates to such sites. Digitech is not
responsible for web casting or any other form of transmission
received from any linked site. Digitech is providing these links to
you only as a convenience, and the inclusion of any link does
not imply that Digitech endorses or accepts any responsibility for
the content on such third-party sites.
No
unlawful or prohibited use
As a condition of your use of the website, you will not use the
website for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Services in
any manner that could damage, disable, overburden, or impair any
Digitech server, or the network's connected to any Digitech server, or
interfere with any other party's use and enjoyment of the
website. You may not attempt to gain unauthorized access to
services, materials, other accounts, computer systems or
networks connected to any Digitech server or to the website, through
hacking, password mining or any other means. You may not obtain
or attempt to obtain any materials or information through any
means not intentionally made available through the website.
Spam email
and postings
You agree that Digitech would be irreparably harmed by the use, by
you or others, of the website or facilities in connection with
the transmission of spam newsgroup postings or unsolicited
e-mail in violation of these Terms of Use, and that Digitech is
entitled to obtain injunctive relief against any such
transmission (in addition to all other remedies available at law
or in equity). Digitech reserves the right to block, filter or delete
unsolicited e-mail.
Indemnity
You agree to indemnify, defend and hold Digitech, and its
subsidiaries, affiliates, officers, agents, co-branders,
partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party
due to or arising out of any submitted artwork or content, your
use of the website, including any use by your employees, your
connection to the website, your violation of the Terms of Use,
or your violation of any rights of another.
Advertisements and promotions
Digitech may run advertisements and promotions from third parties on
the website. The manner, mode and extent of advertising by
Digitech
is subject to change. Your correspondence or business dealings
with, or participation in promotions of, advertisers other than
Digitech found on or through the website, including payment and
delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. Digitech is not
responsible or liable for any loss or damage of any kind
incurred as the result of any such dealings or as the result of
the presence of such non-Digitech advertisers on the website.
General
information
The Terms of Use constitute the entire agreement between you and
Digitech and govern your use of the website, superseding any prior
agreements between you and Digitech on the subject matter (including,
but not limited to, any prior versions of the Terms of Use).
Notwithstanding the prior provision, to the extent, and only to
the extent, that any terms set forth in this Terms of Use
expressly contradicts any terms of a prior written agreement
between you and Digitech in effect as of the date of your use of the
website and specifically regarding your use of the website
("Executed Agreement"), such contradictory terms set forth in
the Executed Agreement shall govern. You also may be subject to
additional terms and conditions that may apply when you use
other Digitech services, third-party content or third-party software.
You must not assign or otherwise transfer the Terms of Use nor
any right granted hereunder.
Digitech controls and operates this website from its headquarters in
various locations in India and makes no representation that
this website is 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.
The failure of Digitech to exercise or enforce any right or provision
of the Terms of Use does not constitute a waiver of such right
or provision. If a court of competent jurisdiction finds any
provision of the Terms of Use to be invalid, the parties
nevertheless agree that the court should endeavour to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms of Use remain in full
force and effect. Regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to use of the website or the Terms of Use must be filed within
one (1) year after such claim or cause of action arose or be
forever barred. The section titles in the Terms of Use are for
convenience only and have no legal or contractual effect.
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