ELECOSOFT ICONSYSTEM TERMS AND CONDITIONS OF USE INTRODUCTION: In return for Elecosoft allowing you access to this system, Elecosoft imposes and requires you to accept these Terms and Conditions of Use. If you are not prepared to agree to these terms then Elecosoft requires you to leave this System immediately. You may not use or access the Elecosoft IconSystem. INDEMNITY: You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of this System. ELECOSOFT'S RIGHTS: Elecosoft reserves the right to: - modify or withdraw, temporarily or permanently, this System (or any part thereof) with or without notice to you and you confirm that Elecosoft shall not be liable to you or any third party for any modification to or withdrawal of the System; and / or change these Terms and Conditions from time to time, and your continued use of the System (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. Elecosoft will not be held liable if this site is unavailable at any time.
If you do not agree to any change to the Conditions then you must immediately stop using the System. SYSTEM ACCESS: If you choose to register on this site, you must provide Elecosoft with accurate and correct information about yourself. Once registered you must not share your password with any third party. We reserve the right to disable any user account at any time if we consider that you have failed to comply with any of the provisions of this Terms and Conditions statement. THIRD PARTY LINKS: To provide increased value to our users, Elecosoft may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website Elecosoft is not responsible for the availability of such external sites or resources, and does not review or endorse and is not responsible or liable, directly or indirectly, for: - the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
- the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources
INTELLECTUAL PROPERTY AND RIGHT TO USE: You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the System shall remain at all times vested in Elecosoft or its licensors. You are permitted to use this material only as expressly authorised by Elecosoft its licensors. Any other use of the material and content of the System is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. CONFIDENTIAL INFORMATION: If through using this system you gain access to information not intended to be accessed by you, you agree that you will immediately notify Elecosoft and lawfully destroy all copies of such information in your possession. COMPLIANCE WITH LAWS: The System may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the System. LIMITATION OF LIABILITY: Whilst Elecosoft we will use reasonable endeavours to verify the accuracy of any information placed on the System, it make no warranties, whether express or implied in relation to the accuracy of the information. The System is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the System, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, or conditions of completeness. Elecosoft makes no warranty that the System will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the System. Elecosoft will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the System. Elecosoft will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: - any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. NON-EXCLUSIVE LICENCE: By accepting these Terms and Conditions Elecosoft grants you a non-transferable, non-exclusive licence to use this site. SYSTEM UPDATES: Elecosoft is constantly innovating, developing and enhancing its portfolio of solutions. You acknowledge and agree that Elecosoft's solutions will change from time to time without prior notice to you. CONTENT: Where you are accessing the public areas of our system, any file or information you send to our site shall be considered non-confidential. You should not send any file or information to our site that is in any way unlawful; and you must ensure that you have authority to publically distribute any file or information you may be uploading. Elecosoft Reserves the right (but shall have no obligation) to review, modify or remove any file or information from the system. SEVERANCE: If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions. WAIVER: No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. SURVIVAL: Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. ENTIRE AGREEMENT: These Conditions govern Elecosoft's relationship with you. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Nothing in this Clause shall limit or exclude Elecosofts's liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions. VARIATION: Elecosoft reserves the right to amend these Terms and Conditions at any time. LAW: The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. ANALYTICS TOOLS AND TECHNOLOGY: Elecosoft uses third party analytics tools to collect information concerning your and other users’ habits and use of the Product. The information collected may contain the following, without limitation: device identifier, operating system, location information, license key, customer identifier, Product session identifier, date and time spent on the Product, metrics and statistics, feature usage, and other similar information. The analytics tools and technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other Elecosoft Products and services with information collected from other third-party websites and services. Standing alone, this information is not personal data; however, if Elecosoft combines any of this information with personal data, Elecosoft will treat this information as personal data pursuant to our Privacy Policy. Last updated 8th June 2023.
Elecosoft Eckland Lodge Business Park, Lincoln Building Office 1, Market Harborough, Leicestershire, LE16 8HB Tel 01858 468345 • Helpdesk 01858 436925 • Web www.elecosoft.com Our terms and conditions are available on our website
|