TERMS AND CONDITIONS
Cadinfo, LLC (“Cadinfo”)
is a New Hampshire limited liability company with a
principal place of business at 36 Juniper Drive, Amherst, New Hampshire, 03031. Cadinfo
makes information, products and services available on this website, subject
to the following terms and conditions. By accessing this site, you agree to
be bound by these terms and conditions. Further, your use of this website
is subject to those additional terms and conditions provided by Cadinfo and, subject to by Cadinfo’s
sole discretion, applicable to certain information, products, and services
offerings available through this website. The additional terms include, but
are not limited to, sales agreements, receipts, license agreements, supplementary
user agreements, and the privacy policy. The additional terms are hereby incorporated
by reference into these terms (if there is any conflict between the additional
terms and these terms, the former shall prevail). Cadinfo reserves the right to change these terms, and/or the
products, services, prices, and programs mentioned in this website, at any
time, at its sole discretion, without notice. Cadinfo
reserves the right to seek all remedies available by law and in equity for
any violation of these terms and conditions. Any rights not expressly granted
herein are reserved.
1. If you are using this website on behalf of your employer,
you represent that you are authorized to accept these terms and conditions
on your employer's behalf. Further, you acknowledge that you are 13 years
of age or older, and, if under the age of 18, are using this website under
the active supervision of a parent, legal guardian, or other responsible adult.
Children under the age of 13 are not allowed to use this website or transmit
or otherwise submit personal information to Cadinfo.
2. Any software that is made available to download by or through
this website ("Software") is the copyrighted work of Cadinfo or Expert InfoCad Corporation.
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 ("License
Agreement"). An end user will be unable to install any Software that
is accompanied by or includes a License Agreement, unless he or she first
agrees to the License Agreement terms. The Software is made available for
downloading solely for use by end users according to the License Agreement.
Any reproduction or redistribution of the Software not in accordance with
the License Agreement is expressly prohibited by law, and may result in civil
and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE
IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THESE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, CADINFO HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT.
3. You may download, view, copy, and print documents incorporated
in these documents (the "Documents") from this website subject to
the following: (a) the Documents may be used solely for personal, informational,
non-commercial purposes; and (b) the Documents may not be modified or altered
in any way. You may not use, download, upload, copy, print, display, perform,
reproduce, publish, license, post, transmit, or distribute any information
from this website in whole or in part without the express written authorization
of Cadinfo. Documents specified above do not include
the design or layout of this website or any other Cadinfo owned, operated, licensed, or controlled website.
Elements of Cadinfo’s website are protected
by trade dress, trademark, unfair competition, and other laws and may not
be copied or imitated in whole or in part. No logo, graphic, sound, or image
from any this website may be copied or retransmitted unless expressly permitted
in writing by Cadinfo.
4. CADINFO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED
GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR
OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. CADINFO AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL CADINFO 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 EQUITY,
CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF SOFTWARE, INFORMATION, CONTENT, DOCUMENTS,
RELATED GRAPHICS, PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM
OR THROUGH THIS WEBSITE.
THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS
PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR
OMISSIONS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CADINFO
MAY, BUT IS NOT OBLIGATED TO, MAKE IMPROVEMENTS
AND/OR CHANGES IN THE INFORMATION, SERVICE(S), PRODUCT(S), AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
5. THE LINKS IN THIS WEBSITE MAY LET YOU LEAVE CADINFO 'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CADINFO AND CADINFO IS
NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CADINFO IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. CADINFO IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CADINFO OF THIS
WEBSITE.
6. Cadinfo reserveS
the right to release information to the proper authorities, as a result of
a violation of these terms and conditions, our standards, or unlawful acts,
if the information is subpoenaed and/or if Cadinfo
deems it necessary and/or appropriate. Further, you agree that Cadinfo
may, in its sole discretion, at any time terminate your access to this website
and any account(s) you may have in connection with this website. Cadinfo may monitor access to this website.
7. These terms and conditions shall be governed and constructed
in accordance with the laws of the State of New Hampshire without regard to conflicts of law
provisions. Sole and exclusive jurisdiction for any action or proceeding arising
out of or related to this Agreement shall be an appropriate state court in
New
Hampshire, or appropriate federal court located in New Hampshire. If for any reason a court of competent
jurisdiction finds any provision of these terms and conditions, or any portion
thereof, to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to affect the intent of these terms and conditions,
and the remainder of these terms and conditions shall continue in full force
and effect.
8. You shall defend or settle at your sole expense any claim
or suit, including without limitation any proceeding, investigation or claim
by a self-regulatory organization, state or federal securities agency or commission,
(collectively, an "Action") against Cadinfo
and/or each of its affiliates, directors, officers, agents, employees, or
licensees (collectively, the “Indemnitee”)
to the fullest extent permitted by law arising out of or in connection with:
(1) an assertion that the information, content, or other materials or services
provided or made available by you, or the use thereof, may infringe any copyright,
trademark, or other intellectual property rights of any individual or entity,
or are a misappropriation of any individual or entity's trade secret, or contain
any libelous, defamatory, disparaging, pornographic, or obscene materials;
(2) any breach by you of your obligations under these terms and conditions;
and/or (3) your use of this website, including the information, content, services,
and/or products provided therein. You shall indemnify and hold harmless the
Indemnitee from and against any and all damages,
costs, liabilities, and attorneys’ fees incurred in defending and/or
resolving such Action. The foregoing indemnities shall survive expiration
or termination of this Agreement.
9. Notices to Cadinfo under this
Agreement shall be sufficient only if in writing and transmitted via personal
delivery or delivered by a major commercial rapid delivery courier service or
by certified or registered mail, return receipt requested, to: Cadinfo, Attention: Legal Department, 36 Juniper Drive,
Amherst, NH 03031.
10. These terms and conditions contain the entire agreement
between you and Cadinfo with respect to this website
and supersede all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Cadinfo with respect to this website. You hereby acknowledge
that you shall have no power or authority to assume or create any obligation
or responsibility on behalf of Cadinfo. These terms
and conditions may only be modified, and a party may only waive its rights
under these Terms, by a written document executed by both parties. Any failure
to enforce any provision of these terms and conditions shall not constitute
a waiver thereof or of any other provision hereof.
LINKING TO CADINFO
1. Subject to the terms and conditions set forth in this
website, Cadinfo hereby grants you permission to
provide a hypertext link from your website to Cadinfo’s
website (“Linking Consent Agreement”), provided that your website:
·
May link to, but not replicate, content contained in Cadinfo’s
website;
·
Must not create a border environment or browser around content
contained in Cadinfo’s website;
·
Must not present disparaging, misleading, or false information
about Cadinfo’s content, services, or products;
·
Must not misrepresent Cadinfo’s
relationship with you;
·
Must not imply that Cadinfo
is endorsing or sponsoring you or your content, services, or products;
· Must not use Cadinfo’s
trademarks, logos, trade names, trade dress, or other intellectual property
without prior written permission from Cadinfo;
·
Must not contain content that could be construed as obscene, libelous, defamatory,
pornographic, or inappropriate for all ages; and
·
Must not contain materials that would violate any
laws.
2. Cadinfo shall not be liable
to you for the content of Cadinfo’s website
or links on Cadinfo’s website to other websites.
3. You acknowledge that Cadinfo
may immediately terminate this Linking Consent Agreement at any time, without
penalty, with or without cause, and with or without notice. If the grant provided
in this Linking Consent Agreement is terminated, you must remove the subject
hypertext link to Cadinfo’s website within
three (3) business days of termination.
4. CADINFO SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES) SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE,
SUBSTITUTE GOODS/SERVICES, OR ANTICIPATED PROFITS OR LOST BUSINESS.
5. This Linking Consent Agreement shall be governed by the
laws of the State of New Hampshire, excluding its conflict of laws principles,
in the appropriate state or federal court in New Hampshire. This Linking Consent Agreement is
the entire understanding between the parties relating to the subject matter
referenced herein and supercedes all prior or contemporaneous understandings,
whether written or oral. You shall indemnify, defend, and hold harmless Cadinfo, and its directors, officers, employees, agents, shareholders,
and representatives, from any claim, action, allegation, damages, or liability
(including attorney’s fees) arising or relating to your breach of, or
negligent acts or omission relating to, your obligations under this Linking
Consent Agreement. The foregoing indemnities shall survive expiration or termination
of this Linking Consent Agreement. You may not assign this Linking Consent
Agreement, in whole or in part, without Cadinfo’s
prior written permission. You shall have no power or authority to assume or
create any obligation or responsibility on behalf of Cadinfo
nor may you hold yourself out, by implication or otherwise, as holding such
power or authority. This Linking Consent Agreement may only be modified, and
a party may only waive its rights under this Linking Consent Agreement by
a written document executed by you and Cadinfo.
Any failure to enforce any provision of this Linking Consent Agreement shall
not constitute a waiver thereof or of any other provision hereof. In the event
any term of this Linking Consent Agreement is found by any court to be void
or otherwise unenforceable, the remainder of this Linking Consent Agreement
shall remain valid and enforceable as though such term were absent.
INTELLECTUAL PROPERTY
1.
Copyright Information
Cadinfo is committed to respecting the
intellectual property rights of others, and we expect our users to do the same.
Cadinfo, in its sole discretion, may terminate the
accounts or access rights of users who violate others' intellectual property
rights. If you believe that your work has been copied in a way that constitutes
copyright infringement on our website, please provide the following information
to Cadinfo:
A.
An electronic or physical signature
of the person authorized to act on behalf of the copyright owner;
B.
A description of the copyrighted work
that you claim has been infringed;
C.
A description of where the material
that you claim is infringing is located on our website;
D.
Your address, telephone number, and
email address so that we can contact you;
E.
A statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
F.
A statement by you, made under penalty
of perjury, that the information in your notice to us is accurate and that
you are the copyright owner or authorized to act on the copyright owner's
behalf.
You may deliver this information by sending an e-mail to info@cadinfo.com or by mail at
Cadinfo
Legal Department
36 Juniper Drive
Amherst, NH 03031
2.
Trademarks
Cadinfo or Expert InfoCad
Corporation has applied for the following trademark to be registered with the
United States Patent and Trademark Office: “CADminer.” The mark “AutoCAD®” is a registered trademark
belonging to Autodesk, Inc. The mark “MicroStation®” is a registered trademark belonging to
Bentley Systems, Inc. These marks are used on this website only to describe the
compatibility of Cadinfo’s software with such
products belonging to the marks’ owners, and in no sense indicate or imply any
relationship, business or otherwise, between Cadinfo
and the owners of such marks. All other trademarks on this website are the
property of their respective owners.
EXPORT COMPLIANCE
It is the policy of Cadinfo to
comply fully with the export laws and regulations of the United States government. As part of this policy,
Cadinfo is providing this site as a service to our
partners and customers. Please note that this site is intended as a source
of information only and is not to be considered a source of legal guidance
or advice. Before considering the export of an Cadinfo
product, customers should review the License Agreement that came with the
product to verify if the terms of the agreement allow the product to be moved
out of a given country or region. Cadinfo products
and technology are considered “Country of Origin: U.S.A.” Therefore, the export or re-export
of these products, or transfer of these technologies, is subject to the export
laws and regulations of the United States, and Cadinfo
complies with laws fully to the best of its ability. The primary agencies
that administer and enforce these laws and regulations are the Bureau of Export
Administration and the Office of Foreign Assets Control.
