Terms of Use

ACCEPTANCE OF TERMS

Welcome to the Syntext website!

The resources, products, software, services, and/or materials (collectively the “Services”) that Syntext provides to you through the www.syntext.com website or any other Syntext owned, operated, licensed or controlled website (collectively the “Sites”) are subject to the following Terms of Use (the "Terms").

Syntext reserves the right to update these Terms from time to time without notice to you. Such modifications shall be effective immediately upon their posting.

By accessing, using, or registering to use the Services from the Sites, you agree to follow, be bound by and to comply with these Terms as well as any other rules or guidelines which may be implemented for any individual website or service. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THE SITES.

REGISTRATION OBLIGATIONS, SECURITY AND PRIVACY

Some of the Services may require you to register. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Syntext has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Syntext has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You are entirely responsible for maintaining the confidentiality of your password and account. Should someone else use your password or account, Syntext shall not be responsible. You agree to notify Syntext promptly of any unauthorized use of your account or other breach of security and ensure that you exit from your account at the end of each session.

All registrations become Syntext’s exclusive property, and Syntext reserves the right to use all registrations and personally identifiable user information in accordance with the Syntext Sites' Privacy Policy.

PROHIBITED CONDUCT

The following acts are not allowed when using the Sites:

Infringing the legal rights of others, including but not limited to the rights of privacy and publicity.
Causing any damages, harm, or disadvantage to others.
Disturbing public order.
Criminal act.
Uploading or distributing any third parties' private information without approval from such third parties.
Using the Sites for any commercial purpose.
Defaming, disgracing or libeling others.
Using the Sites in a manner that could impair, disable, overburden or damage any Syntext server, or the networks connected to any Syntext server, or interfere with any other party’s use and enjoyment of the Sites.
Attempting to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Syntext server or to any of the Services, through hacking, password mining or any other means.
Uploading files that contain viruses or corrupted files that may damage the operation of others' computers.
Any other activities that are unlawful or prohibited by any applicable laws, including but not limited to violating any foreign, federal, state or local law or regulation .
Any other activities that Syntext deems inappropriate.

By using the Sites, you agree that you will not use the Sites, or any of the content obtained from the Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Sites automatically terminates. In addition, Syntext may terminate your Syntext account and your access to the Services for any reason or no reason at all, at its sole discretion, with or without prior notice.

LIMITATION ON USE OF SERVICES

Unless otherwise specified in the Terms, the Services are for your personal, non-commercial, internal use. You may not use ( including but not limited to selling, modifying, copying, distributing, transmitting, transferring, displaying, performing, reproducing, publishing, licensing and creating derivative works from) any information, products or services obtained from the Sites without obtaining Syntext's prior written permission.

If you breach any of these Terms, your authorization to use the Sites automatically terminates and you must immediately destroy any materials in your possession obtained from the Sites.

NO RESALE OF SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.

CHANGES TO SERVICES

Syntext reserves the right at any time to modify or discontinue, temporarily or permanently, the Services, or any part thereof, without notice. You agree that Syntext shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

LIMITATION ON USE OF SOFTWARE

Any software that is made available to download from the Sites ("Software") is the copyrighted work of Syntext and/or its licensors (if any). The End User License Agreement, if any, which accompanies or is included with the Software ("EULA") governs its use.

You must be a registered Syntext subscriber in order to download and/or use the Software. Furthermore, your right to download and/or use the Software will be subject to the terms and conditions of the EULAs. Any use, reproduction or redistribution of the Software not in accordance with such EULAs is prohibited.

RESTRICTED RIGHTS LEGEND

Any Software which is downloaded from the Sites for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Syntext, 18819 NE 155th Street, Woodinville, WA 98072-9392, USA.

USER COMMUNICATIONS

The Services may contain e-mail services, bulletin board services, chat areas, news groups and other forums designed to enable you to communicate with others ("Communication Services").

You understand that by using the Sites you may be exposed to content that is offensive, indecent, or objectionable. You agree to use the Communication Services only to post, send and receive materials that are proper.

Syntext may, but is not obligated to, monitor or review these areas and the content of any such Communication Services. Syntext shall have no liability related to the content of any such Communication Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Any material posted to this Site that, in the sole opinion of Syntext, violates community standards will be removed, and the account of the poster may, at Syntext's discretion, be revoked or suspended. Any material that meets the standards described above might be edited by Syntext for the purpose of clarity and length.

MATERIALS POSTED AT THE SITES

Syntext does not claim ownership of the materials you post, upload, input or submit to the Sites for review by the general public ("Public Content"). With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers, the submitting user retains ownership of such Public Content.

However, by posting, uploading, inputting, providing or submitting your Public Content, you are granting Syntext, its affiliated companies and necessary sublicensees permission to use your Public Content in connection with the operation of their Internet businesses, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, display worldwide, incorporate in other works, media, or technology now known or later developed, reproduce, edit, translate, create derivative works from, and reformat your Public Content; to publish your name in connection with your Public Content. No compensation will be paid with respect to the use of your Public Content. Syntext is under no obligation to post or use any Public Content you may provide, and Syntext may remove any Public Content at any time at its sole discretion.

CONTRIBUTIONS TO SYNTEXT

Syntext requests third parties not to send Syntext any unsolicited information that may contain any idea, suggestion, proposal and/or an offer, including but not limited to ideas or technologies for Syntext products and services, any original creative artwork, new product names, and ideas for advertising campaigns or promotions (collectively the "Contributions"), in order to avoid any possible future confusion, misunderstandings or disputes that may arise out of an unintended similarity between such Contributions and Syntext's technology or product developed by Syntext independently.

By sending your Contributions to Syntext, including without limitation the unsolicited information sent by email as well as ideas sent through Syntext's suggestion or feedback webpages, you acknowledge that such Contributions will be treated upon the understanding that you agreed to the following terms and conditions:

Syntext has no obligation to treat the Contributions as confidential or proprietary information.
Syntext has no obligation to study, evaluate or adopt the Contributions.
Syntext shall be entitled to use or disclose the Contributions for any purpose, in any way, in any media worldwide.
Syntext may have something similar to the Contributions already under consideration or in development.
The Contributions automatically become the property of Syntext without any obligation of Syntext to you.
Even if Syntext happens to adopt any idea identical or similar in whole or in part to the Contributions, Syntext shall have no responsibility and you shall not be entitled to any compensation or reimbursement of any kind from Syntext under any circumstances.

LINKS TO THIRD PARTY WEBSITES

The Syntext Sites may contain links to other websites. Because Syntext has no control over such third party sites and resources, you acknowledge and agree that Syntext is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products or other materials on or available from such external sites or resources. You further acknowledge and agree that Syntext shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party site or resource.

By accessing and using the linked websites, including information, material, products and services therein, you do this entirely at your own risk.

TERMINATION

Syntext may terminate your Syntext account and your access to the Services for any reason or no reason at all, at its sole discretion, with or without prior notice.

Syntext is especially likely to terminate your Syntext account and access to the Services for the reasons that include without limitation violation of these Terms, abuse of the Services or attempt to gain unauthorized access to the Sites, requests by law enforcement or other government agencies, and your request for such termination.

Termination of your Syntext account includes either deletion or deactivation of your account at Syntext's sole discretion, removal of access to the Services, and barring of further use of the Services.

Syntext shall not be liable to you or any third party for any termination of your account and access to the Services.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SYNTEXT AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

SYNTEXT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, THAT THE QUALITY OF ANY SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SYNTEXT OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

LIMITATION OF LIABILITY

YOU AGREE THAT SYNTEXT AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, PARTNERS AND LICENSORS IN NO EVENT SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SYNTEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITES OR THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SITES; OR ANY OTHER MATTER RELATING TO THE SERVICES AND THE SITES. IN NO EVENT SHALL SYNTEXT'S AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE SERVICES. THESE LIMITATIONS SHALL NOT APPLY WHERE EXPRESSLY PROHIBITED BY LAW.

INDEMNITY

You agree to indemnify and hold Syntext and its subsidiaries, affiliates, employees, partners and licensors harmless from any claim, demand, obligations, or expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of the Terms, or your violation of any rights of another person.

TRADEMARKS

Syntext, the Syntext logo, Syntext Serna, the Syntext Serna logo, and other Syntext logos and product and service names are trademarks of Syntext. Without Syntext's prior permission, you agree not to display or use in any manner the Syntext trademarks.

Other company names, logos, service names and product names on the Sites are trademarks or registered trademarks of their respective owners.

Any example companies, organizations, products, domain names, email addresses, logos, people and events are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

COPYRIGHT NOTICE

The copyrights of all materials, including but not limited to design, picture and information, on the Sites are owned by Syntext or its suppliers. Also, the copyright of each page is owned by Syntext as a compilation or database work protected by copyright laws. You may browse each page except for displaying it in public for a commercial purpose. You may also download or print out each design, picture and information for personal, non-commercial, internal use unless Syntext limits or prohibits its use. You may not use each page or material for a purpose or in a manner except as expressly permitted herein.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your copyright or intellectual property rights have been violated, please provide Syntext with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
the location of the infringing material on the site;
your name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

Please send the notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") to info-general@syntext.com.

After receiving a claim of infringement, Syntext will process and investigate the notice of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.

GENERAL INFORMATION

The Terms constitute the entire agreement between you and Syntext and govern your use of the Sites, superseding any prior agreements between you and Syntext with respect to the Sites. You may be subject to additional terms and conditions that may apply when you use or purchase affiliate services, third party content or third party software.

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of laws principles. All controversies and disputes arising out of or relating to the Sites and the Terms shall be submitted to the state and federal courts located in King County, Washington, USA.

The failure of Syntext to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by the court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You agree that your Syntext account is non-transferable and any rights to your Syntext ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or the Terms 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 are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of the Terms to info-general@syntext.com.