Peter Lyon Software of Data Security: Service and Tool
Updated Date : 2016-11-06
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1. Your relationship with Peter Lyon Software
Your use of Peter Lyon Software’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Peter Lyon Software under a separate written agreement) is subject to the terms of a legal agreement between you and Peter Lyon Software. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Peter Lyon Software, your agreement with Peter Lyon Software will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
Your agreement with Peter Lyon Software will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Peter Lyon Software in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
Actually using the Services. In this case, you understand and agree that Peter Lyon Software will treat your use of the Services as acceptance of the Terms from that point onwards.
3. Language of the Terms
Peter Lyon Software has provided you with the English language version of the Terms.
If there is any contradiction between what the English language version of the Terms says and what a translation version says, then the English language version shall take precedence.
4. Provision of the Services by Peter Lyon Software
Peter Lyon Software has subsidiaries and affiliated legal entities around the world. Sometimes, these companies will be providing the Services to you on behalf of Peter Lyon Software itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
Peter Lyon Software is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Peter Lyon Software provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Peter Lyon Software may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Peter Lyon Software’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Peter Lyon Software when you stop using the Services.
5. Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Peter Lyon Software will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with Peter Lyon Software, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Peter Lyon Software has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Peter Lyon Software may suffer) of any such breach.
6. Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to Peter Lyon Software for all activities that occur under your account.
7. Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented, encrypted, or decrypted to you as part of the Services is separate from the Service itself.
You agree that you are solely responsible for (and that Peter Lyon Software has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Peter Lyon Software may suffer) by doing so.
8. Proprietary rights
You acknowledge and agree that Peter Lyon Software own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Peter Lyon Software and that you shall not disclose such information without Peter Lyon Software’s prior written consent.
Unless you have agreed otherwise in writing with Peter Lyon Software, nothing in the Terms gives you a right to use any of Peter Lyon Software’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with Peter Lyon Software, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Peter Lyon Software's brand feature use guidelines as updated from time to time.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by Peter Lyon Software, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. License from Peter Lyon Software
Peter Lyon Software gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Peter Lyon Software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Peter Lyon Software, in the manner permitted by the Terms.
You may not modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Peter Lyon Software, in writing.
10. Software updates
The Software which you use may automatically download and install updates from time to time from Peter Lyon Software. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Peter Lyon Software to deliver these to you) as part of your use of the Services.
11. Ending your relationship with Peter Lyon Software
The Terms will continue to apply until terminated by either you or Peter Lyon Software as set out below.
If you want to terminate your legal agreement with Peter Lyon Software, you may do so by closing your accounts for all of the Services which you use, where Peter Lyon Software has made this option available to you.
Peter Lyon Software may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Peter Lyon Software is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (
C) the partner with whom Peter Lyon Software offered the Services to you has terminated its relationship with Peter Lyon Software or ceased to offer the Services to you; or
(D) Peter Lyon Software is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Peter Lyon Software is, in Peter Lyon Software’s opinion, no longer commercially viable.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PETER LYON SOFTWARE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(1) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(2) ANY CHANGES WHICH PETER LYON SOFTWARE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(3) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(4) YOUR FAILURE TO PROVIDE PETER LYON SOFTWARE WITH ACCURATE ACCOUNT INFORMATION;
(5) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
13. Copyright and trade mark policies
It is Peter Lyon Software’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
Peter Lyon Software operates a trade mark complaints procedure in respect of Peter Lyon Software’s advertising business.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by Peter Lyon Software on the Services are subject to change without specific notice to you.
In consideration for Peter Lyon Software granting you access to and use of the Services, you agree that Peter Lyon Software may place such advertising on the Services.
15. Other content
The Services may include hyperlinks to other web sites or content or resources. Peter Lyon Software may have no control over any web sites or resources which are provided by companies or persons other than Peter Lyon Software.
You acknowledge and agree that Peter Lyon Software is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Peter Lyon Software is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
16. Changes to the Terms
Peter Lyon Software may make changes to the Universal Terms or Additional Terms from time to time. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Peter Lyon Software will treat your use as acceptance of the updated Universal Terms or Additional Terms.
17. General legal terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Peter Lyon Software and govern your use of the Services (but excluding any services which Peter Lyon Software may provide to you under a separate written agreement), and completely replace any prior agreements between you and Peter Lyon Software in relation to the Services.
You agree that Peter Lyon Software may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Peter Lyon Software of Data Security: Service and Tool