1. Acceptance of terms
A. By using Lief, User agrees to comply with all of the terms and conditions hereof. The right to use Lief.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
B.Lief shall have the right at any time to change or discontinue any aspect or feature of Lief.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Changed terms
Lief shall have the right at any time to change or modify the terms and conditions applicable to User's use of Lief.com, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Lief.com, or by electronic mail, or by any other means by which User obtains notice thereof. Any use of Lief.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. Description of services
Through its Web property, Lief provides User with access to a variety of resources (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TERMS.
4. User conduct
A. User shall use Lief.com for lawful purposes only. User shall not post or transmit through Lief.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a User that in Lief's discretion restricts or inhibits any other User from using or enjoying Lief.com will not be permitted.
B. Lief.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to software, text, photos, video and graphics. Lief owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only or for showing to promote Lief in a positive manner. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Lief and the copyright owner.
C. User shall not upload, post or otherwise make available on Lief.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
5. Use of services
The Services may contain e-mail services, personal web pages, calendars, items or communication facilities designed to enable User to communicate with others. User agrees to only post messages and material that are. For example User agrees that the User will not:
- Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Post, upload, distribute or disseminate any inappropriate material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
- Upload files that contain Trojan horses, worms, viruses or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
Lief has no obligation to monitor the activites of Users. Lief reserves the right to terminate User's access without notice, for any reason whatsoever. Lief reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lief's sole discretion.
Materials uploaded may be subject to posted limitations on usage; User is responsible for adhering to such limitations if User downloads the materials.
6. Member account and security
When the User to opens an account, User must complete the registration process by providing Lief with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and provide their own email address. User is entirely responsible for maintaining the confidentiality of User's password. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User agrees to notify Lief immediately of any unauthorized use of User's account. User agrees to notify Lief immediately of any unauthorized use of User's account or any other breach of security. Lief will not be liable for any loss that User may incur as a result of someone else using User's password or account, either with or without User's knowledge. However, User could be held liable for losses incurred by Lief or another party due to someone else using User's account or password. User may not use an account of another member, without the permission of that member.
7. Notice specific to documents available on this website
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear (2) no modifications of any Documents are made.
Lief make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Lief hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Lief be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Lief may make improvements to their services at any time.
8. Notices regarding documents and services available on this site
In no event shall Lief be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of documents or a failure to provide services.
9. Materials provided to Lief or posted at any of its web sites
Lief does not claim ownership of the materials User provide to Lief (including feedback and suggestions) or posts. However, by posting, uploading, inputting, providing or submitting.
10. Disclaimer of warranty; limitation of liability
A. User expressly agrees that use of Lief.com is at user's sole risk. Neither Lief, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Lief.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Lief.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Lief.com.
B. Lief.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
C. This disclaimer of liability applies to any damages or injury caused by 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, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Lief is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
D. In no event will Lief, or any person or entity involved in creating, producing or distributing Lief.com or the Lief software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Lief.com. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
E. In addition to the terms set forth above neither, Lief or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Lief.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
F. Force majeure - neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
Lief shall have the right, but not the obligation, to monitor the content of Lief.com to determine compliance with this Agreement and any operating rules established by Lief and to satisfy any law, regulation or authorized government request.
User agrees to defend, indemnify and hold harmless Lief, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Lief by User or User's Account.
Either Lief or User may terminate this Agreement at any time. Without limiting the foregoing, Lief shall have the right to immediately terminate User's Account in the event of any conduct by User which Lief, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for Lief.com established by Lief constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter
15. Copyright notice
Lief its logos are trademarks of Lief. All rights reserved. All other trademarks appearing on Lief are the property of their respective owners.
Any rights not expressly granted here in are reserved.
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using LIEF 1.0.0 (“Software") containing this software, you agree that this End User License Agreement (“EULA” or “Agreement”) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of the Agreement.
Unless you have a different license agreement signed by OPARQ your use of the Software indicates your acceptance of the Agreement and warranty.
Subject to the terms of this Agreement, OPARQ grants to you a limited, non-exclusive, non-transferable license, without the right to sub-license, to use the Software in accordance with this Agreement and any other written agreement with OPARQ. OPARQ does not transfer the title of the Software to you; the license granted to you is not a sale. This agreement is a binding legal agreement between OPARQ and the purchasers or users of the Software.
If you do not agree to be bound by this agreement, remove the Software from your computer now and, if applicable, promptly return to OPARQ by mail any copies of the Software and related documentation and packaging in your possession.
The Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part with the exception that you may make one copy for archive purposes only. For information about redistribution of the Software contact OPARQ.
3. USER AGREEMENT
Your license to use the Software is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of the Software.
3.2 Use Restrictions
By using the Software, you agree to comply with all applicable laws of the Netherlands as well as your country of residence. You also agree not to use the Software for any unlawful purposes or the dissemination of questionable content; as such, you are strictly prohibited from the use, display or distribution of the Software together with material that is, without limiting the foregoing, pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age.
OPARQ reserves the right to moderate and/or remove any user-generated content that may be considered objectionable, offensive, or indecent.
You understand that by using the Software you may encounter user-generated or third-party content that you may find questionable. Nonetheless, you agree to use the Software at your sole risk and understand that OPARQ is liable for any content that you may find objectionable, offensive, or indecent.
Each licensed copy of Software may be used on one single computer location by one user. Use of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately.
You may make one copy of the Software for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of the Software. The assignment, sublicense, networking, sale, or distribution of copies of the Software arestrictly forbidden without the prior written consent of OPARQ. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of the Software. Any instance of a person other than yourself using the Software registered in your name (regardless of whether it is at the same time or different times) is considered a violation of the Agreement with you as the responsible party.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You may not, and shall not attempt to: modify, reverse engineer, disassemble or decompile the Software. Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part.
The names, logos and graphic files of OPARQ and any of its subsidiaries, including but not limited to Lief, that represent the Software shall not be used in any way to promote products developed with the Software. OPARQ retains sole and exclusive ownership of all rights, title and interest in and to the Software and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of the Software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for OPARQ.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend OPARQ, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of OPARQ's Software.
In no event (including, without limitation, in the event of negligence) will OPARQ, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Software or the use or inability to use the Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
OPARQ's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by OPARQ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to OPARQ.
Except as expressly stated in writing, OPARQmakes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the laws of The Netherlands applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the Netherlands therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. Disclaimer Of Warranty
This software and the accompanying files are sold “as is” and without warranties as to performance or merchantability or any other warranties whether expressed pr implied. This disclaimer concerns all files generated and edited by the software as well.
5. Consent Of Use Of Data
You agree that OPARQ may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to the Software. OPARQ may also use this information to provide notices to you which may be of use or interest to you.