Terms and Conditions of Use.
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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY. THEY SHALL GOVERN YOUR USE OF THE SIGWICH SOFTWARE, SERVICE AND SITES. IF, AFTER READING THESE TERMS AND CONDITIONS OF USE, YOU DO NOT AGREE TO THEM, YOU SHOULD LEAVE THE SITE IMMEDIATELY.
END USER LICENSE / TERMS OF SERVICE AGREEMENT
1. TERMS AND CONDITIONS OF USE
The Sigwich email signature service, the Sigwich Signature Engine, MySigwich.com search and any accompanying product and/or feature and/or addition thereof (together, the “Service”) and the software enabling the use thereof (the “Software”), are provided by Sigwich and/or its affiliates and subsidiaries (collectively “Sigwich” or “we”) to you (“you” or “your”) and others who use the Service and Software (collectively “User” or “Users”), subject to these terms and conditions of use and all modifications thereto including all rules that may be published from time to time by Sigwich (“Terms and Conditions” or “Agreement”). This Agreement shall also govern your use of the Sites currently located at www.sigwich.com and www.mysigwich.com (the “Sites”).
Your use of the Software, Service, and Sites, including any content and software contained therein, signifies your understanding and agreement that such use is entirely at your own risk. You agree to use the Software, Service and Sites solely for your personal use.
The Service is provided to any user who agrees to be bound to this Agreement and by additional terms that shall be added by Sigwich from time to time.
You agree not to transfer or resell the Service or Software, in whole or in part, to any third party, or allow unauthorized access to the Service or Software, by any third party. You agree to provide true, accurate, current and complete information about yourself as required in the Registration Form that appears when downloading the Software. If any information provided by you is untrue, inaccurate, not current or incomplete, Sigwich may terminate your use of the Service.
1.2 CHANGES IN TERMS AND CONDITIONS OF USE
Sigwich may change these Terms and Conditions from time to time and at any time, with or without a release of a new version of the Software, and without actual notice to you. All such changes to this Agreement will appear on the Sites. Sigwich may provide additional notice of such changes by providing a link from the Service to the Sites. You agree that your continuing to use the Software, Service and/or Sites for a period of thirty (30) days after such notice has been posted on the Sites for the first time shall constitute your consent to the new or revised set of Terms and Conditions.
2. YOUR ACCESS
You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Software, Sites and Service and for any telephone charges associated with connecting to the Internet to use the Service.
3. AUTHORIZED PERSONS
You are responsible and liable for any activity by any person who uses the Service through your user name and password. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password. You agree to immediately notify Sigwich of any unauthorized use of the Service or any other breach of security known or suspected by you.
4. SOFTWARE LIMITED LICENSE AND USE POLICY
The Software that will enable you to use the Service may have been downloaded from the Sites or another authorized web site. If you have downloaded the Sigwich email signature service – you acknowledge that no payment was made by you for the Software, regardless of the method of delivery, and if payments were made, they were made for other equipment, products or services and not for the Software. To ensure the proper functionality and security of the Service always make sure you are using a current and authorized copy of the Software.
The Software is being licensed to you by Sigwich on an “AS IS” basis, for your private personal use only. Except as expressly permitted hereunder, you agree not to extract or harvest any information from any portion of the Service, including without limitation, from any User Profile, or any other portion of the Service or the Sites, or to reverse engineer, decompile, disassemble, alter, duplicate, make copies of, distribute or provide others with the Software, the Sigwich communications protocols or any information available on, derived or extracted from the Service or any part of the foregoing.
Sigwich may, at its sole discretion, limit, deny, or create different levels of use for different users, or cancel some or all of the functionality of the Software or the Service at any time, without prior notice.
5.1. During the installation process of the Software, two icons may be placed at your desktop one icon for launching the Software and the other one for linking into additional site of Sigwich. These desktop icons can be easily removed from the desktop at any time by selecting them and pressing the ‘Delete’ button on your keyboard.
5.2. During the installation process Sigwich will offer you to accept Sigwich’s search service as your default search service and to set Sigwich’s search service web page as your home page, powered by Google® or by any other search service provider. You can choose not to accept these changes. If you choose to accept such offer, Sigwich’s installation program will change your browser home page to Sigwich’s search service web page and your default search service to Sigwich’s search service.
5.3. Sigwich may change from time to time, without noticing you: (1) the content, design or layout of the search service web page; and/or (2) the search service provider to other search service provider.
5.4. You may uninstall the Software anytime by using “Add or Remove Programs” dialog under the Control Panel, or from the Start Menu at your desktop under “Programs -> Sigwich”.
Sigwich uninstall process will not change your default search provider and your home page. You may change your default search service provider and your home page at any time by following the instructions available on our Help Center, located in: http://www.sigwich.com
6. PRIVACY STATEMENT
This statement applies to Sigwich’s information collection and use policies with respect to use of the Sites and Service. Amendments to this statement will be posted at this URL and will be effective when posted. Your continued use of the Sites or the Service following the posting of any amendment, modification or change to this statement shall constitute your acceptance thereof.
6.1 THE SITES
We do not request nor collect any personal information from Users who simply visit the Sites.
6.2.1 THE SERVICE
The Service allows Users to create and send personalized email signatures (“Signatures”) to Users of the Service as well as non-Users. To get started, a User must first download the Software that will enable use of the Service. Prior to downloading the Software, Users may be asked to provide certain required and optional information.
Definitions: Term – “Personally Identifiable” – means a persons first and last name. Term – “Non-Personally Identifiable” – any information that is not a persons first and last name.
During the registration process, you will be asked to complete a Registration Form, which will request certain Non-Personally Identifiable information about you.
6.3 OUR USE OF THE INFORMATION YOU PROVIDE
Sigwich will only use email provided in a Registration Form to provide Users with important information about the Service (such as upgrades, modifications, etc.) and to announce new products and services available to Users. Except as necessary to perform the functions of the Service, Sigwich will not share, sell or lease any Personally Identifiable information of User to any unaffiliated third party for any purpose without that User’s permission.
6.4 CUSTOMER SUPPORT FORMS
Sigwich may post from time to time customer support forms. These forms may ask for Personally Identifiable and Non-Personally Identifiable information including but not limited to license registration information, purchase information and a valid email address. This information will be used solely for the purpose of providing efficient customer support.
6.5 NEWSLETTER SUBSCRIPTION
Sigwich may post from time to time a newsletter subscribe/unsubscribe forms. These forms may ask for a valid email address. This information will be used solely for the purpose of subscription to or unsubscription from the Sigwich newsletter list.
6.6 NON- PERSONALLY IDENTIFIABLE INFORMATION
Sigwich will use certain Non-Personally Identifiable information provided by Users for the following purposes:
To create, aggregate non-personal demographic reports about the Users of the Service.
Provide Users with certain content that may be of interest to that User based on the information the User provides;
Help Sigwich to create and provide new services and offerings to Users; and
Conduct and publish anonymous market research results.
6.7 GENERAL USAGE PATTERNS
Sigwich may gather information related generally to Users’ use of the Software, Service, and Sites including without limitation:
Signatures features that a User prefers;
What elements of the Service are most often used;
User log-in dates and time;
Which software plug-ins are downloaded and how many times.
This information, which will only be collected and maintained in aggregate form, will be used to, among other things:
Provide Sigwich with a better understanding of how Users use the Service and the various features thereof;
Help Sigwich to create and provide new services and offerings to Users; and
Conduct and publish anonymous market research results.
6.8 COMPUTER SETTINGS
Sigwich may collect settings, technical and other information from Users’ computers, such as a computer’s operating system, Sigwich and browser versions used, connectivity, various communication parameters and other information related to the operation and interaction of the Software, subject to the provisions herein.
6.9 IP ADDRESSES
An Internet Protocol address is a number that’s automatically assigned to a computer when using the Internet. Web servers can automatically identify individual computers by their IP address. Sigwich may collect IP addresses for the following but not limited to:
Facilitate system administration;
Diagnose system problems;
Report aggregate User information;
Avoid hacking attacks on the Sigwich server.
6.10 LEGAL DISCLOSURE OF INFORMATION
Notwithstanding anything to the contrary in this Agreement, Sigwich shall, pursuant to valid legal process such as a search warrant, subpoena or court order, allow access to all available and relevant information, including Users’ IP addresses, in order to comply with such valid legal process and to otherwise protect Sigwich’s rights and property. If warranted, Sigwich may also allow access to this information in special emergencies where physical safety is at risk.
6.11 CHOICE; OPT OUT
Our Sites provide Users the opportunity to opt-out of receiving certain communications from us. If you do not want to receive communications from us, please contact our customer service center by at www.sigwich.com/support/ .
7. PROPER USE
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by the Service; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Service policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Sigwich reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Sigwich uses the services of a third party company to help it measure the effectiveness of its advertising and how visitors use the Sites. To do this, Sigwich uses Web beacons and cookies provided by a third party company on the Sites. The type of information Sigwich collects includes the pages visited, the product codes and prices that visitors purchase and coupons that were used during purchase.
9. INTELLECTUAL PROPERTY RIGHTS
As between Sigwich and you, Sigwich is the sole owner of the Software, Service, and Sites, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Service or Sites or any portion thereof, for any purpose. All title and intellectual property rights in and to the content of any third party web site which may be linked to or viewed in connection with the Service is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except as allowed by such third party.
10. UNSOLICITED MATERIALS
Any unsolicited materials submitted or sent to Sigwich, will be deemed to be not confidential or secret. By submitting or sending information or other material to Sigwich you:
Warrant that you have all rights of any kind to the material and that to the best of your knowledge no other party has any rights to the material;
Unless stated specifically otherwise therein, grant Sigwich an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material, and you further agree that Sigwich is free to use any ideas, know-how, concepts or techniques you send us for any purpose, without any compensation to you or any other person.
11. DISCLAIMER OF WARRANTIES
THE SOFTWARE, SERVICE AND SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, SIGWICH SPECIFICALLY DISCLAIMS, FOR THE AVOIDANCE OF DOUBT (ON BEHALF OF SIGWICH, ITS SUBS, AND ITS AFFILIATES) OFANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE, SERVICE OR SITES ; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE, SERVICE OR SITES, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SIGWICH DOES NOT WARRANT OR GUARANTEE THAT (1) ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR THE SERVICE, AND THAT (2) THE FUNCTIONS OR SERVICES PERFORMED BY SIGWICH (AND FOR LIMITATION OF DOUBT, ITS AFFILIATES), WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL SIGWICH, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, , SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITES, SOFTWARE, OR SERVICE, EVEN IF SIGWICH SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE OR BY THE SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SIGWICH’S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL SIGWICH’S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES)WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE EXCEED THE HIGHER OF (I) ONE HUNDRED ($100) U.S. DOLLARS, OR (II) THE ACTUAL CONSIDERATION RECEIVED BY SIGWICH FOR THE USE OF THE SOFTWARE AND SERVICE.
By agreeing to use the Software, Service and/or Sites, you agree to defend, indemnify and hold Sigwich, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or Sites or the creation, the placement or transmission of any message, information, software or other materials through the Service by you or users authorized by You or related to any violation of these Terms and Conditions by You or any user authorized by you.
14. CANCELLATION AND TERMINATION
Sigwich may, at its sole discretion, terminate the Service or your use of the Service, permanently or temporarily, at any time and without cause. You may at any time cancel your use of the Service. Upon cancellation or termination, you will immediately cease all use of any software and any documentation provided to you by the Service. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability.
15. LINKED SITES
15.1. The Software, Service and Sites and Sigwich e-mail communications to you, may contain features that may link you to third parties’ web sites and/or software programs (“Linked Sites” and the “Linked Software”, respectively). These features are provided by Sigwich only as a suggestion of Sigwich to you. The Linked Sites and the Linked Software are not reviewed, controlled or examined by Sigwich in any way and Sigwich is not responsible for the content of any such Linked Sites, or any additional links contained therein nor for the quality and/or accuracy, timeliness, completeness, safety or adequacy, fitness for a particular purpose of any content of any such Linked Sites and/or the Linked Software. The offering of these features does not imply Sigwich’s endorsement of or association with the Linked Sites or the Linked Software. It is your sole responsibility to comply with the appropriate terms and conditions of the Linked Sites and/or the Linked Software as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and/or Linked Software and any content contained thereon. In no event shall Sigwich be liable to anyone for any damage arising from or occasioned by the creation or use of the Linked Sites and/or the Linked Software or the information or material accessed-through these Linked Sites and/or the Linked Software. Sigwich may at its sole discretion add, change, decline or remove, without notice, any feature or link to any of the Linked Sites and/or the Linked Software from the Sigwich Software and Service and/or introduce different features or links to different users.
15.2. There may be circumstances where access to the Sites and/or Software is provided by a link located at another web site. Neither Sigwich nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither Sigwich nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither Sigwich nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to the Sites and/or Software.
16. PROVISIONS UNENFORCEABLE OR INVALID
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Sigwich may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
18. APPLICABLE LAWS / JURISDICTION
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national or other destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to or through the Service any data or software that cannot be exported out of the United States without prior written government authorization, including but not limited to, certain types of encryption software. The above assurance and commitment shall survive termination of this agreement.
You agree that the laws of the U.S., excluding its conflicts-of-law rules, shall govern this Agreement. Please note that your use of the Software as well as the Service and Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Sigwich or relating in any way to your use of the Software, Service or Sites resides in the competent courts in Santa Clara, U.S., and you further agree and expressly consent to the exercise of personal jurisdiction in the competent courts in Santa Clara, U.S., in connection with any such dispute and including any claim involving Sigwich or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Version: 1.0 Published: June 10, 2011