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TaskArchitect - Legal statement
Welcome to TaskArchitect.com. By accessing or using this Site, you ("User") agree to comply with the terms and conditions governing User use of any areas of the TaskArchitect site (the "Site") as set forth below.
Acceptance of terms
"TaskArchitect Content" means all Materials provided by TaskArchitect. “User Content” refers to all material created and submitted by end users of TaskArchitect products.
Types of users
Please be aware that certain activities on this Site are available only to persons who are covered under a paid or trial subscription agreement with TaskArchitect ("Subscribers").
Intellectual property; limited license to users
Use of TaskArchitect Content. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the TaskArchitect Content available on this Site subject to the following conditions:
1. The TaskArchitect Content may be used solely for personal, informational, and internal purposes.
2. The TaskArchitect Content may not be modified or altered in any way.
3. The TaskArchitect Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the TaskArchitect.
5. TaskArchitect reserves the right to revoke the authorization to view, download, and print the TaskArchitect Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from TaskArchitect.
6. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the TaskArchitect Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of TaskArchitect or other third parties. You are not permitted to use the Marks without the prior written consent of TaskArchitect or such third party that may own the Marks. TaskArchitect and the TaskArchitect logo are trademarks of Task Architect Incorporated.
License to TaskArchitect for User Content
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant TaskArchitect one of the following types of licenses:
1. For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using TaskArchitect products, you grant TaskArchitect a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant TaskArchitect the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site. If you submit User Content to the Design Review service, you acknowledge that such content may be modified and annotated, and TaskArchitect may display the User Content together with such modifications and annotations. You acknowledge and agree that any User Content you submit to TaskArchitect, such as actions or extensions, may be downloaded, modified, reproduced, and distributed by users of this Site.
2. For User Content such as comments to the TaskArchitect User to User Forums, bug reports, piracy reports, or product suggestions, you grant TaskArchitect and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that TaskArchitect is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of TaskArchitect or others.
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
In using the Site, including all Services and Materials available through it, you agree:
Managing content and communications
TaskArchitect may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.
To the maximum extent permitted by law, TaskArchitect will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. TaskArchitect also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
Use and protection of account number and password
You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
Warranties and disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND TASKARCHITECT OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TASKARCHITECT MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. TASKARCHITECT MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND TASKARCHITECT MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) TASKARCHITECT DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) TASKARCHITECT MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) TASKARCHITECT SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
This Site can be accessed from countries around the world and may contain references to TaskArchitect products, services, and programs that are not available in your country. These references do not imply that TaskArchitect intends to announce such products, services, or programs in your country.
The Site is controlled, operated, and administered by TaskArchitect from its offices within the Canada. TaskArchitect makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside Canada, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside Canada, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.
Personal information and privacy
Limitation of liability
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL TASKARCHITECT, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TASKARCHITECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
TaskArchitect User Forums
Notification of copyright infringement
TaskArchitect will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide TaskArchitect a Notice containing the following elements:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. a description of where the material that you claim is infringing is located on the TaskArchitect site;
4. information sufficient to permit TaskArchitect to contact you, such as your physical address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
TaskArchitect can be reached by mail:
288 Fifth Ave, Ottawa, Ontario, Canada K1S 2N5
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO.
All TaskArchitect products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation,"
Indemnity and liability
Governing law and jurisdiction
This Site (excluding linked sites) is controlled by TaskArchitect from its offices within the province of Ontario, Canada. By accessing this Site, you and TaskArchitect agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of Ontario, without regard to the conflicts of laws principles thereof.
Permissions and Trademarks
The following guidelines are provided for the use of certain copyrighted materials, such as images, box shots, screen shots, and text; and for the use of certain trademarked materials, such as logos, marks, and icons. These materials are owned by Task Architect Incorporated ("TaskArchitect") and provided under license. To use such materials, you must first agree to the following license terms:
1. The materials available for download on this site are subject to these license terms, as well as any specific guidelines contained herein. If you download any materials from this site, you agree to be bound by these license terms as well as the specific guidelines related to the materials you wish to download.
2. You may not sell, alter, modify, license, sublicense, copy, or use the materials in any way other than has been specifically authorized by TaskArchitect in the permissions and trademark guidelines described herein.
3. You acknowledge that TaskArchitect reserves the right to revoke the authorization to view, download, and print the materials available on this site at any time, and for any reason; and such authorization shall be deemed to be discontinued immediately upon the removal of these materials from the site.
4. You acknowledge that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in TaskArchitect copyrighted materials or trademarks by downloading, copying, or otherwise using these materials.
5. TASKARCHITECT SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF REVENUE OR PROFIT OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE GROUNDS EVEN IF TASKARCHITECT HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
6. ANY MATERIALS ARE PROVIDED ON AN "AS IS" BASIS. TASKARCHITECT SPECIFICALLY DISCLAIMS ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES RELATING TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS REGARDING THE MATERIALS.
Usage by children under 13
TaskArchitect cannot prohibit minors from visiting this Site. TaskArchitect must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. TaskArchitect requires that all purchases be made either (i) by individuals 13 years of age or older,. EACH TIME YOU PURCHASE A PRODUCT AT THIS SITE, YOU ARE REPRESENTING TO TASKARCHITECT THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.
The Canadian export control laws regulate the export and re-export of technology originating in Canada. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations and not to transfer, by electronic transmission or otherwise, any Content derived from TaskArchitect to either a foreign national or a foreign destination in violation of such laws.
TaskArchitect products are not sold; rather, copies of TaskArchitect products are licensed all the way through the distribution channel to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH TASKARCHITECT THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE TASKARCHITECT PRODUCTS, THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENTS BELOW APPLY TO YOU. Please read the agreements applicable for the products you want to use. Some software is distributed together as a collection. Please be careful to read the agreement for the software you want to use.
Revised 1 Jan 2005
THIS AGREEMENT IS A LEGAL DOCUMENT.
Before installing this software, you ought to read carefully all of the terms and conditions of this License Agreement. Installing the software indicates your acceptance of the terms and conditions of this Licence Agreement. If you do not agree with any part of this license you must not install the software.
The terms and conditions of this Agreement apply to the TaskArchitect Software including any copy.
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause in DFARS 252.227-7013. Rights for non-DOD U.S. Government Departments and Agencies are as set forth in FAR 52.227-19(c) (1,2).Task Architect Inc., 288 Fifth Avenue, Ottawa, Ontario, Canada K1S 2N5
Sales and prices
All prices of TaskArchitect software are subject to change without prior notice from TaskArchitect.
Misprints and Errors on our Site
We endeavor to provide current and accurate information on our website. Nevertheless, errors and misprints may occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any order for goods or services for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information. TaskArchitect reserves this right at any stage of the online ordering processing, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your order is cancelled and your credit card has already been charged, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. To provide you with a credit, where applicable, is our only obligation to you. TaskArchitect is not obligated to sell products or services based on errors or misprints on our website.