Terms and Conditions
Use of iGrafx products are governed by the relevant iGrafx End User License Agreement (“EULA”) or the iGrafx Cloud Services Agreement (“CSA”) as applicable.
The iGrafx documentation is made available for customers under the terms of EULA or CSA, as applicable, and is further governed by the following terms and conditions.
Please read this agreement carefully before accessing or using our documentation. By accessing or using our documentation, you agree to be bound by the terms, and conditions set forth herein, and acknowledge that you understand all terms including the disclaimer statements. If you do not agree to be bound by the terms and conditions of this agreement, you are prohibited from accessing or using the documentation provided.
We may modify this agreement at any time with or without notice to you, and such modification will become effective immediately.
All subsequent pages EULAs or CSAs at iGrafx Legal shall apply for the documentation.
- We use reasonable methods to include accurate and up-to-date information in the documentation. Because of the possibility of human and mechanical error as well as other factors, we disclaim any implied warranty of any kind, including of representation about its accuracy, completeness, or appropriateness or fitness for a particular purpose, and noninfringement. You assume full responsibility for using the information on this site, and you understand and agree that we are neither responsible nor liable for any claim, loss, or damage resulting from its use.
- You agree to use the iGrafx documentation on an "AS IS" and an "AS AVAILABLE" basis. All faults as to satisfactory quality, performance, accuracy and effort remain with you.
- Our mention of specific products or services within the documentation or derived publications does not constitute or imply a recommendation or endorsement by us, unless we explicitly state it. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
- We will not be liable for any delay, difficulty in use, inaccuracy or incompleteness of information, computer viruses, malicious code, loss of data, compatibility issues, or otherwise. We will not be liable even if someone has advised us of the possibility of such damages or loss, and/or someone has informed us of a problem with the site or its content. You use the documentation at your own risk. We are not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to our site, or any other link we provide to another site. By using our site, you accept at your own risk that the Internet may not perform as intended despite our best efforts, your best efforts, and the best efforts of our and your Internet service providers.
- While visiting our web site, you may leave the site and access certain iGrafx sites. We provide links to other sites solely as pointers to information on topics that may be useful to you. We do not endorse, and are not responsible for the content and accuracy of these sites. We also do not warrant that these sites are free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that such sites are free of computer viruses. We are also not responsible for the contents of any site linked to our site. If you try one of these links, you will leave our site (but you can return with your browser's "back" button).
- Customer assumes all responsibility for selection of the software to achieve customer’s intended results and for installation, use and results of the software.
- There is no warranty on the documentation provided by iGrafx, other than in lieu of any other warranties, express or implied, written or oral, arising by statute, operation of law, course of dealing, usage of trade or otherwise, including the implied warranties of merchantability, non- infringement, suitability, satisfactory quality, merchantable quality and fitness for a particular purpose, all of which implied warranties are expressly excluded.
- In no event will iGrafx or its licensors be liable to customer for any incidental, indirect, punitive, special or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with this agreement or the use or performance of iGrafx, the software, maintenance, storage media, documentation, or other iGrafx provided material whether such action is based in contract or in tort including but not limited to negligence and whether or not iGrafx has been advised of the possibility of such damages or such damages are foreseeable.
- In no event shall iGrafx's total liability exceed the total fees paid in respect of Software by the Customer to iGrafx or a Reseller during the past calendar quarter. The Software Prices are set on the condition that the foregoing limitations are included in this Agreement.
- Descriptions of processes, network, software and other related information in this document are provided only to illustrate the operation of iGrafx products. You are fully responsible for the incorporation and adaption into your environment, iGrafx assumes no responsibility for any losses incurred by you or third parties arising from the use of the documentation, software, or information provided.
- iGrafx has used reasonable care in preparing the information included in this document, but iGrafx does not warrant that such information is error free. iGrafx assumes no liability whatsoever for any damages incurred by you resulting from errors in or omissions from the information included herein.
- iGrafx does not assume any liability for infringement of patents, copyrights, or other intellectual property rights of third parties by or arising from the use of iGrafx products or technical information described in this document. No license, express, implied or otherwise, is granted hereby under any patents, copyrights or other intellectual property rights of iGrafx or others.
- You should not alter, modify, copy, or otherwise misappropriate any iGrafx product, whether in whole or in part. iGrafx assumes no responsibility for any losses incurred by you or third parties arising from such alteration, modification, copy or otherwise misappropriation of iGrafx product.
- You should use the iGrafx products described in this document within the range of supported environments specified by iGrafx. iGrafx shall have no liability for malfunctions or damages arising out of the use of iGrafx products beyond such specified ranges.
- iGrafx assumes no liability for damages or losses occurring as a result of your noncompliance with applicable laws and regulations.
- iGrafx products and technology may not be used for or incorporated into any products or systems whose manufacture, use, or sale is prohibited under any applicable domestic or foreign laws or regulations.
- iGrafx assumes no responsibility for any losses incurred by you or third parties as a result of unauthorized use of iGrafx products.
- This document may not be reproduced or duplicated in any form, in whole or in part, without prior written consent of iGrafx.
- Please contact an iGrafx sales office if you have any questions regarding the information contained in this document or iGrafx products, or if you have any other inquiries.
- (Note 1) "iGrafx" as used in this document means iGrafx LLC and also includes its majority-owned subsidiaries.
- (Note 2) "iGrafx product(s)" means any product developed by or for iGrafx.
Arbitration and Governing Law
All disputes, controversies, or claims between the parties arising out of or relating to this Agreement which cannot be settled by mutual agreement shall be submitted for determination by arbitration by a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration will be governed by the Commercial Arbitration Rules of the AAA. An award rendered by the arbitrator shall be final and binding on all parties in the proceeding. Except as provided below in this Section, the parties stipulate that the provisions of this Section shall be a complete defense to any proceeding instituted in any federal, state or local court or before any administrative tribunal with respect to any dispute, controversy or claim arising out of or relating to this Agreement. The arbitrator has the right to award or include in any award such relief which the arbitrator deems proper in the circumstances including, without limitation, money damages, specific performance, injunctive relief and legal fees and costs. The award and decision of the arbitrator will be conclusive and binding upon all of the parties, and judgment upon the award may be entered in any court of competent jurisdiction. Each party reserves the right, exercisable only where such party reasonably believes the circumstances justify immediate relief, to obtain temporary restraining orders and temporary, preliminary or permanent injunctive relief from a court of competent jurisdiction, and such party is not required to submit such a dispute for arbitration. Unless the parties otherwise agree, the arbitration proceedings shall be conducted in English and shall take place in Portland, Oregon, at a location designated by the arbitrator. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is excluded from application to this Agreement. The governing law shall be that of the State of Oregon without regard to conflict of laws principles. This Section shall survive the termination or expiration of this Agreement.
Integration and Severability
In the event that we fail to enforce any of our rights under this Agreement, or applicable laws, it shall not constitute a waiver of such right or any other right(s). This Agreement, and its subordinate Privacy Statement constitute the entire agreement between you and us pertaining to our site. A court, or other tribunal of competent jurisdiction, may hold that a provision of this Agreement is unlawful, void, or for any reason unenforceable. In that event, the provision will be deemed severable from this Agreement and not affect the validity or enforceability of the remaining provisions. We will replace the unenforceable provision by an enforceable provision that comes closest to the intention of the underlying unenforceable provision.