Terms of Use

Sodera reserves the right to modify these Terms of Use without notice and any modifications are effective when they are posted here. Sodera may, at any time, in its discretion terminate your access to this Website. Access to the Website may be monitored by Sodera. If you are accessing this Website as a representative of an organization, these Terms of Use bind both you individually and the organization and references to “you” or “You” and “your” or “Your” shall be construed to apply to you individually and the organization.

Sodera makes no representations or promises to develop, provide or market any software, service or product discussed on this Website, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.

USE OF Sodera SERVICES

You represent and warrant that:

(a) you have all the rights in the software, source or binary code and related information that you may subject to Sodera’s services (collectively, the “Software”) and necessary for you to use the Sodera services and to grant the rights herein; and,
(b) the storage, use or transmission of the Software doesn’t violate any law or this Terms of Use.

You will:

(a) be solely responsible for the nature, quality and accuracy of the Software;
(b) ensure that the Software (including the storage or transmission thereof) complies with the any agreement between you and Sodera, this Terms of Use, and any and all applicable laws and regulations;
(c) promptly handle and resolve any notices and claims relating to the Software, including any notices sent to you by any person claiming that any Software violates any person’s rights and any other notices; and
(d) maintain appropriate security, protection and backup copies of the Software. Sodera will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or backup any Software.

POSTED CONTENT, SUBMISSIONS, MESSAGE BOARDS OR FORUMS

You shall not post or otherwise transmit to or from this Website, by any means, any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability. You are personally responsible for the material you post as an author. Harming the reputation of Sodera will result in termination of the right to use the Website. Any information, material or idea you submit to this Website will be treated as non-confidential and non-proprietary.

INTELLECTUAL PROPERTY RIGHTS

Sodera respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement on this Website, contact Sodera at [email protected]. Nothing in these Terms of Use, unless specifically stated, shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

Any Sodera licensed products, software or information made available for download from the Website is the copyrighted property of Sodera. Any use or reproduction of any such products or software and warranties as to such products or software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Website, if any, is governed by the terms of the agreement applicable to that product or service.

COPYRIGHTS

All contents of the Sodera services and Website including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright © Sodera, Inc., and/or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved. Except as expressly authorized by Sodera or by third party content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of this Website, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any licensed products or software Sodera discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

TRADEMARKS

Sodera, the Sodera logo and tag lines are including without limitation, either trademarks or registered trademarks of Sodera, Inc., and may not be copied, imitated, or used, in whole or in part, without Sodera’s prior written permission or that of its suppliers or licensors. All other trademarks or registered trademarks are the property of their respective holders.

Not all trademarks used by Sodera may be listed on this page. Failure of a mark to appear on this page does not mean that Sodera does not use the mark nor does it constitute a waiver of any and all intellectual property rights that Sodera has established in its trademarks. You agree not to incorporate any Sodera trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations without the express written consent of Sodera.

CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

By registering for the Sodera services, you understand that we may send you communications or data regarding such services, including but not limited to

(a) notices about your use of the services, including any notices concerning violations of use,
(b) updates, and
(c) promotional information and materials regarding its products and services, via electronic mail. Sodera gives you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

LINKS TO OTHER SITES

Permission is granted to link to the Sodera home page. No authorization is given to link to any other page on the Website. You may not use any of Sodera’s proprietary logos, marks, or other distinctive graphics or material in your links. You may not link in any manner reasonably likely to

1) imply affiliation with or endorsement or sponsorship by Sodera;
2) cause confusion, mistake, or deception;
3) dilute Sodera’s trademarks, service marks or trade names; or
4) otherwise violate applicable law.

Sodera may from time to time link to other Internet sites. You acknowledge and agree that Sodera is not responsible for the availability of such external sites or resources nor for any content, advertising, products, or other materials on such external sites.

REGISTRATION

Sodera may restrict access to the Website or content on the Website to registered users. Issuance of a registration password is conditioned on the use of the information in accordance with the terms of their license, product or service agreement with Sodera. Any passwords provided may not be transferred to any other party. You will immediately notify Sodera of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any impermissible area of this Website. Certain restricted product information is available on this Website may be available only to licensed customers of Sodera that are registered to receive information via passwords issued by Sodera. This restricted information is considered confidential and proprietary information of Sodera. Use by Sodera of your personal information is governed by the Sodera Privacy Policy.

SUSPENSION AND TERMINATION OF YOUR USE OF THE SERVICES

Sodera reserves the right, to temporarily suspend or terminate your access to the Sodera services at any time in its sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. By way of example, we may suspend or terminate your access to or use of the services for:

(a) the actual or suspected violation of any agreement between you and Sodera or these Terms of Use;
(b) the use of the services in a manner that may cause Sodera to have legal liability or disrupt others’ use of the services;
(c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account;
(d) scheduled downtime and recurring downtime;
(e) use of excessive storage capacity or bandwidth; or
(f) unplanned technical problems and outages.

If, in Sodera’s determination, the suspension might be indefinite and/or Sodera has elected to terminate your access to the services, Sodera will use commercially reasonable efforts to notify you. You acknowledge that if your access to Sodera’s services is suspended or terminated, you may no longer have access to the Software that is stored with the services.

NO WARRANTIES

THIS WEBSITE AND ALL INFORMATION CONTAINED IN THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED.

Sodera MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

LIMITATION OF LIABILITIES

IN NO EVENT WILL Sodera BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO sodera.org. WITHOUT LIMITING THE FOREGOING, Sodera SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEBSITE OR ANY WEBSITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Sodera SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Sodera IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

The limitation of liability reflects the allocation of risk between you and Sodera. The limitations specified herein will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Sodera, and to all respective officers, directors, employees, representatives, attorneys and agents.

INDEMNIFICATION

You agree to release, defend, indemnify and hold Sodera harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Website or any information on the Website.

Sodera reserves the right to report any wrongdoing, if and when Sodera becomes aware of it, to any applicable government agencies. You agree to indemnify, defend and hold Sodera and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of this Website.