Terms of Use


Acceptance of Terms

The services that Orchid Software provides to you are subject to the following Terms of use ("TOU"). Orchid Software reserves the right to update and modify 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" hyperlink located at the bottom of our webpages. By using the website after a new version of the TOU has been posted, you agree to the terms of such new version.

 

Description of Services

Orchid Software provides you with access to download software updates to purchased software and demonstration software packaages ("Services"). Use of these resources are subject to these TOU.

Use Limitation

Unless otherwise specified, 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 downloaded software.

Privacy and Protection of Personal Information

No personal information is collected by this web site.

Content

All content included in or made available through this web site, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents, is the exclusive property of Orchid Software and is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States and internationally. All rights not expressly granted to you in this TOU are reserved and retained by Orchid Software.

Software

Any software that is made available to download from the Services ("Software") is the copyrighted work of Orchid Software. Use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Orchid Software.

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

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Orchid Software 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, Orchid Software may make available as part of the services or in its software products, tools, and utilities for use and/or download. Orchid Software 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 Orchid Software software products.

Limitation of Liability

In no event shall Orchid Software 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.

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 Orchid Software server, or the network(s) connected to any Orchid Software 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 Orchid Software 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. You may not attempt to copy or change, alter, or otherwise attempt to modify the Services or these TOU.

Links to Third-party Sites

The linked sites are not under the control of Orchid Software and Orchid Software 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. Orchid Software is not responsible for webcasting, or any other form of transmission received from any linked site. Orchid Software is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Orchid Software of the site.