Updated: Friday, February 15, 2019 - 10:00 a.m. Eastern Time
ACCEPTANCE OF TERMS.
The services that Orbit Software Inc. (OSI) provides to you are subject to the following
Terms of Use ("TOU"). OSI reserves the right to update the TOU at any time without
notice to you. The most current version of the TOU can be reviewed by clicking on
the "Terms of Use" hypertext link located at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, OSI provides you with access to a variety
of resources, including developer tools, download areas, communication forums and
product information (collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web properties, are subject
to the TOU.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to
download from the Services ("Software") is the copyrighted work of
OSI 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"). An end user will be
unable to 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
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.
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, OSI CORPORATION 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, OSI MAY MAKE
AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND
UTILITIES FOR USE AND/OR DOWNLOAD. OSI 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. PLEASE RESPECT THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE
SERVICES OR IN OSI SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software
which is downloaded from the Services 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 sub-paragraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or sub-paragraphs (c)(1) and
(2) of the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is OSI Corporation, 424 King St,
Pottstown, PA 19464.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white
papers, press releases, datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears in all copies and that
both the copyright notice and this permission notice appear, (2) use of such
Documents from the Services is for informational and non-commercial or
personal use only and will not be copied or posted on any network computer
or broadcast in any media, and (3) no modifications of any Documents are
made. Accredited educational institutions, such as K-12, universities,
private/public colleges, and state community colleges, may download and
reproduce the Documents for distribution in the classroom. Distribution
outside the classroom requires express written permission. Use for any other
purpose is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible.
Documents specified above do not include
the design or layout of the OSI.com Web site or any other OSI owned,
operated, licensed or controlled site. Elements of OSI Web sites are
protected by 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 any OSI Web site may be copied or retransmitted unless
expressly permitted by OSI.
OSI AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. OSI 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 OSI 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 TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. OSI 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.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL OSI 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 TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM
THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open
an account, you must complete the registration process by providing us with
current, complete and accurate information as prompted by the applicable
registration form. You also will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your password
and account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to notify OSI
immediately of any unauthorized use of your account or any other breach of
security. OSI will not be liable for any loss that you may incur as a result
of someone else using your password or account, either with or without your
knowledge. However, you could be held liable for losses incurred by OSI or
another party due to someone else using your account or password. You may
not use anyone else's account at any time, without the permission of the
account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services,
you will not use the Services 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 OSI server, or
the network(s) connected to any OSI server, or interfere with any other
party's use and enjoyment of any Services. You may not attempt to gain
unauthorized access to any Services, other accounts, computer systems or
networks connected to any OSI server or to any of the Services, 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 Services.
USE OF SERVICES
The Services may contain e-mail services,
bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file cabinets and/or other
message or communication facilities designed to enable you to communicate
with others (each a "Communication Service" and collectively
"Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are
proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when
using the Communication Services, you will not:
- Use the Communication Services in
connection with surveys, contests, pyramid schemes, chain letters,
junk email, spamming or any duplicative or unsolicited messages
(commercial or otherwise).
- Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
- Publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.
- Upload, or otherwise make
available, files that contain images, photographs, software or other
material protected by intellectual property laws, including, by way
of example, and not as limitation, copyright or trademark laws (or
by rights of privacy or publicity) unless you own or control the
rights thereto or have received all necessary consent to do the
same.
- Use any material or information,
including images or photographs, which are made available through
the Services in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses,
Trojan horses, worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may damage the operation
of another's computer or property of another.
- Advertise or offer to sell or buy
any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
- Download any file posted by another
user of a Communication Service that you know, or reasonably should
know, cannot be legally reproduced, displayed, performed, and/or
distributed in such manner.
- Falsify or delete any copyright
management information, such as author attributions, legal or other
proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user
from using and enjoying the Communication Services.
- Violate any code of conduct or
other guidelines which may be applicable for any particular
Communication Service.
- Harvest or otherwise collect
information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or
provide (whether or not for a fee) to a person or entity any
directory of users of the Services or other user or usage
information or any portion thereof.
OSI has no obligation to monitor the
Communication Services. However, OSI reserves the right to review materials
posted to the Communication Services and to remove any materials in its sole
discretion. OSI reserves the right to terminate your access to any or all of
the Communication Services at any time, without notice, for any reason
whatsoever.
OSI reserves the right at all times to
disclose any information as OSI deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part, in OSI's
sole discretion.
Always use caution when giving out any
personally identifiable information about yourself or your children in any
Communication Services. OSI does not control or endorse the content,
messages or information found in any Communication Services and, therefore, OSI
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any
Communication Services. Managers and hosts are not authorized OSI
spokespersons, and their views do not necessarily reflect those of OSI.
Materials uploaded to the Communication
Services may be subject to posted limitations on usage, reproduction and/or
dissemination; you are responsible for adhering to such limitations if you
download the materials.
MATERIALS PROVIDED TO OSI OR POSTED AT ANY OSI WEB SITE.
OSI does not claim ownership of the
materials you provide to OSI (including feedback and suggestions) or post,
upload, input or submit to any Services or its associated services for
review by the general public, or by the members of any public or private
community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are
granting OSI, its affiliated companies and necessary sub-licenses permission
to use your Submission in connection with the operation of their Internet
businesses (including, without limitation, all OSI Services), including,
without limitation, the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; to publish your name in connection with your Submission;
and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect
to the use of your Submission, as provided herein. OSI is under no
obligation to post or use any Submission you may provide and OSI may remove
any Submission at any time in its sole discretion.
By Posting a Submission you warrant and
represent that you own or otherwise control all of the rights to your
Submission as described in these Terms of Use including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit
the Submissions.
In addition to the warranty and
representation set forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in whole or in part
("Images"), you warrant and represent that (a) you are the
copyright owner of such Images, or that the copyright owner of such Images
has granted you permission to use such Images or any content and/or images
contained in such Images consistent with the manner and purpose of your use
and as otherwise permitted by these Terms of Use and the Services, (b) you
have the rights necessary to grant the licenses and sub-licenses described in
these Terms of Use, and (c) that each person depicted in such Images, if
any, has provided consent to the use of the Images as set forth in these
Terms of Use, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By Posting
Images, you are granting (a) to all members of your private community (for
each such Images available to members of such private community), and/or (b)
to the general public (for each such Images available anywhere on the
Services, other than a private community), permission to use your Images in
connection with the use, as permitted by these Terms of Use, of any of the
Services, (including, by way of example, and not as a limitation, making
prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Images without having your name attached to such
Images, and the right to sublicense such rights to any supplier of the
Services. The licenses granted in the preceding sentences for a Images will
terminate at the time you completely remove such Images from the Services,
provided that, such termination shall not affect any licenses granted in
connection with such Images prior to the time you completely remove such
Images. No compensation will be paid with respect to the use of your Images.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE OSI'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF OSI AND OSI IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. OSI IS NOT RESPONSIBLE
FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. OSI IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY OSI OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
OSI OR ANY OF ITS EMPLOYEES DO NOT ACCEPT
OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE
OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN OSI'S
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO OSI.
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO OSI OR ANYONE AT OSI. IF,
DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL
SEND THEM, PLEASE UNDERSTAND THAT OSI MAKES NO ASSURANCES THAT YOUR IDEAS
AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © 2019 Orbit Software, Inc. 424 King St, Pottstown, PA 19464
U.S.A. All rights reserved.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below:
Orbit Software, Inc., contact sonia.mastros@busboss.com