Welcome to the Web site (the “Site”) of FontoXML Group B.V. (referred to as “FontoXML,” “we,” “us,” or “our” herein). Via the Site, FontoXML makes a number of resources available to you, including information, software, products, downloads, documents, communications, files, text, graphics, publications, content, tools, and services such as technical support.
Ownership of Copyrights in Content
Software Use Restrictions
Any software that is made available to download from the Website (the “Software”) is the copyrighted work of FontoXML and/or Third Party Providers. 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 (the “License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Limited product support and maintenance, if any, of the Software is available from FontoXML and/or the Third Party Providers, as the case may be.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Terms of Sale
All sales of Software and services by FontoXML that are made through the Site are governed by FontoXML’s Terms and Conditions of Sale, and by ordering Software or services from FontoXML through the Site, you agree to be bound by and accept such Terms and Conditions of Sale. The Terms and Conditions of Sale are subject to change without prior notice at any time, in FontoXML’s sole discretion, so you should review the Terms and Conditions of Sale each time you make a purchase.
In some instances, you may be required to register to gain access to certain Site areas or services. If you choose to register on our Site, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the applicable registration form, and (b) maintain and update your information (including your email address) to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Site.
All of the trademarks, service marks and logos displayed on this Site (“the Trademark(s)”) are registered and unregistered trademarks of FontoXML, one of its affiliates, or a third party.
Government Restricted Rights
The Software which may be downloaded, acquired or accessed from this Site is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7201-1 through 227.7201-4 (JUNE 1995), the Software is provided to U.S. Government end users with only those rights as are granted to all other end users pursuant to the terms and conditions set forth in FontoXML’s standard end user license agreement accompanying the Software. Further, to the extent that any “technical data,” as that term is used in 48 C.F.R. 12.211, is provided in connection with any Content or software downloaded, acquired or accessed through the Site, the government shall acquire only the technical data and the rights in that data customarily provided to the public with a commercial item or process.
Some of the information, articles and other materials available through this Site are provided to us by third parties. These third party materials are provided for your and your company’s interest and convenience only. Although we select with care the vendors who provide these materials to us, we do not endorse these materials or the vendors who supply them to us, nor do we warrant or represent that these materials are current, accurate, complete or reliable. It is your responsibility to evaluate the currency, accuracy, completeness and reliability of all third-party information obtained or provided through this Site. You use these materials at your own risk and subject to any third-party disclaimers.
Links to Other Sites
Disclaimer of Warranties and Limitation of Liability
THIS WEB SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, FontoXML DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FontoXML DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. FontoXML DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL FontoXML, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND WHETHER OR NOT FontoXML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FontoXML UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Governing Law and Jurisdiction
This Site is administered by FontoXML Group B.V. from its home offices in Rijswijk, Polakweg 7, Holland. Unless otherwise specified, the Content is presented solely for the purpose of promoting FontoXML and its products.
You agree to comply with all laws, rules and regulations applicable to your downloading or use of the Software and Content available on or through this Site, including, but not limited to, all United States export control laws, rules and regulations. Without limiting the generality of the foregoing, no Software or Content may be downloaded or exported into countries embargoed by the U.S. Treasury Office of Foreign Asset Control (OFAC); or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. FontoXML does not authorize the transfer, by any means, of any Software, Content or technical data from this Site to any jurisdiction prohibited by the United States export laws. You may not use, export or re-export the Software or Content, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
This Agreement constitutes the entire agreement between you and FontoXML with respect to your access to and/or use of this Site (but not the Software downloaded from this Site). This Agreement shall not be amended except as expressly set forth herein.