INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the Bricsys Site and the text, software, music, sound, photographs, video, graphics, domain names, URL's, advertisements, commercially produced information, and other materials contained on the Bricsys Site (Bricsys content), including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property), are the sole property of Bricsys nv Bricsys) or its third party licensors, and, except as provided in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except as provided in this Agreement, Bricsys does not grant to you any express or implied rights to Bricsys or any third party's Intellectual Property. The Bricsys Intellectual Property is protected by copyright, trade secret, and other intellectual property laws and by international treaties, all of which provide rights and obligations that are supplemental to the rights and obligations set forth in this Agreement.
USE OF BRICSYS CONTENT
You understand and agree that you are permitted to use Bricsys Content only as expressly authorized by Bricsys or its third party licensors, as applicable. You may download, view, copy and print Bricsys Content, subject to the following: (a) the Bricsys Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the Bricsys Content may not be modified or altered in any way.
All Bricsys graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of Bricsys. Bricsys trademarks and trade dress may not be used in connection with any product or service that is not Bricsys, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bricsys. All other trademarks not owned by Bricsys that appear on the Bricsys Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bricsys
LINKS TO OR COMMUNICATIONS WITH THIRD PARTY WEB SITES AND SERVICES
Any links, including click-through and other advertisements and promotions, on the Bricsys Site to third party web sites or resources are provided solely for your convenience. By clicking on any link to a third party web site you acknowledge and agree that, unless expressly stated otherwise: (1) you will be leaving the Bricsys Site; (2) Bricsys has not reviewed, does not monitor, and has no control over the content, advertising, order fulfillment, billing, customer service, products, or availability of any third party web sites or resources, and you bear all risks associated with the use of third party web sites or resources; and (3) Bricsys is not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on third party web sites or resources, or for your purchase of products from third party web sites whose products may also be offered through the Bricsys Site.
PERSONALLY IDENTIFIABLE INFORMATION
IDEA SUBMISSION POLICY
Bricsys will not accept or consider unsolicited ideas, including without limitation ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when Bricsys products or services (collectively, Bricsys Products) might seem similar to ideas submitted to Bricsys. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to Bricsys or anyone at Bricsys. If, despite this request, you still send us your ideas and materials, please understand that Bricsys will not treat your ideas or materials as confidential or proprietary.
In consideration of your use of the Bricsys Site, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify Bricsys of any unauthorized use of your account or any other breach of security of which you are aware.
You agree not to:
(a) upload, download or transmit via the Bricsys Site any User Materials that are offensive, vulgar, profane, obscene, sexually explicit, pornographic, inflammatory, harassing, excessively violent, threatening, tortuous, invasive of another's privacy or publicity rights, abusive, hateful, libelous or defamatory, plagiarized, harmful to minors, racially, ethnically, or otherwise objectionable in any way, infringe any patent, trademark, copyright, rights of publicity, or other intellectual property right, would constitute or encourage a criminal offense, violate the rights of any party, would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law, contain direct links (by a single click) to web sites that contain information of the kind described in this section, or constitute unsolicited promotions, advertising materials, "spam," chain-letters, or other such solicitation;
(b) use the Bricsys Site to publicly broadcast, transmit, or display User Materials for "pay-per-download" or other commercial purposes, or which include a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Bricsys Site or any Internet host;
(c) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted User Materials including impersonating another person or entity;
(d) disrupt or interfere with the security of, or otherwise abuse, the Bricsys Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Bricsys Site or affiliated or linked services, or use any device or software designed to circumvent technological measures employed to control access to the Bricsys Site or products made available on the Bricsys Site;
(e) harvest or otherwise collect information about others, including e-mail addresses, without their express consent;
(f) sublicense, lease, rent, sell, resell, or otherwise transfer rights to the Bricsys Site or exploit for any commercial purposes any use of the Bricsys Site;
(g) modify, translate, decompile, reverse-engineer, disassemble, or create derivative works based on the Bricsys Site, or bypass the Bricsys Site and directly access any individual components of or products that are included in the Bricsys Site; or
(h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other legal notices displayed on the Bricsys Site or in Bricsys Content printed or downloaded through the Bricsys Site, or contained in or included with products or services received through the Bricsys Site.
NO OTHER WARRANTIES
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE Bricsys END USER LICENSE AGREEMENT, THE Bricsys SITE AND PRODUCTS OFFERED THROUGH THE Bricsys SITE UNDER THIS AGREEMENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Bricsys DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. Bricsys AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE Bricsys SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. Bricsys AND ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR THE Bricsys SITE OBTAINED FROM Bricsys OR A THIRD PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. YOU UNDERSTAND AND AGREE THAT ANY Bricsys CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE Bricsys SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF THE Bricsys SITE ARE GOVERNED SOLELY BY THE THIRD PARTY'S TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND Bricsys HAS NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Bricsys, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE Bricsys SITE, THE PRODUCTS OFFERED THROUGH THE Bricsys SITE, INCLUDING WITHOUT LIMITATION THE Bricsys PRODUCTS OR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF Bricsys WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. Bricsys CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE Bricsys SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF Bricsys FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, $100.00.
You agree to indemnify and hold Bricsys and its suppliers, licensors, vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Bricsys Site, and User Materials you submit, transmit, store, upload or download through the Bricsys Site, any product received by you through the Bricsys Site, or any violation of this Agreement or the rights of others.
COPYRIGHT POLICY - NOTICE TO Bricsys REGARDING ALLEGED COPYRIGHT INFRINGEMENT
Bricsys respects the Intellectual Property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), Bricsys has designated an agent to receive notifications of alleged copyright infringement associated with the Bricsys Site. Bricsys will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:Bricsys nv
Phone: + 32 (0)9 244 01 90
Fax: + 32 (0)9 244 01 99
When notifying us of the alleged copyright infringement, please include all of the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Bricsys reserves the right to terminate your use of the Bricsys Site for any actual or alleged copyright infringement.
All notices to a party shall be in writing and shall be made via our contact form for notices to Bricsys, or to the e-mail address that you provide to Bricsys as part of your Customer Information for notices to you, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices to Bricsys may be sent by regular mail, postage prepaid to Bricsys address provided below. Bricsys may also broadcast notices or messages, or other matters of importance, on this web site; such broadcasts will constitute notice to you.
EXPORTYou may not export from Belgium or allow the export or re-export of any part of the Bricsys Site or products obtained via the Bricsys Site, in violation of any restrictions, laws or regulations of the Belgian Autorithy You agree to defend and indemnify Bricsys from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising out of any claim that the Bricsys Site, or any product or other information or materials obtained from Bricsys were exported or otherwise accessed, shipped or transported in violation of this Section and all applicable laws and regulations.
Entire Agreement. This Agreement (and any additions or modifications to this Agreement mutually agreed to in writing by the parties), and any applicable End User License Agreement(s), shall constitute the entire agreement and understanding between you and Bricsys with respect to the Bricsys Site and purchases made via the E-Store. While Bricsys reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of Bricsys execute a separate written agreement.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the provision at issue or of the remaining provisions of this Agreement.
Applicable Law. This agreement is subject to applicable Belgian laws, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in Belgium. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment. Bricsys may assign its rights and duties under this Agreement without the assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without the prior written consent of Bricsys. All rights and obligations under this Agreement will bind and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns.
The person who downloads any trial software from Bricsys, subscribes automatically to the Bricsys Newsletter, which now and then will be send. The Bricsys Newletter contains news and product information. Each Bricsys Newsletter has an unsubscribe function that can be used at any time.
The following provisions specifically relate to the E-Store portion of the Bricsys Site. All other provisions of this Agreement apply to the E-Store as well:
Order Acceptance. Your receipt of an electronic or other form of order confirmation does not constitute Bricsys acceptance of your order for products or services offered through the Bricsys Site, nor does it constitute confirmation of Bricsys offer to sell you a particular product or service. Bricsys reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until Bricsys has accepted your order and prepared your order for shipment or for download. We may require additional verifications or information before accepting any order. Price and availability of products and services offered through the Bricsys Site are subject to change without prior notice. To the extent we provide information on the availability of Bricsys Products or products and services provided by third party vendors, suppliers, publishers, and manufacturers (collectively Third Party Products), we attempt to be as accurate as possible. However, Bricsys does not warrant that product descriptions, product availability or other information on the Bricsys Site is accurate, complete, reliable, current, or error-free. Bricsys will not be liable for any lack of availability of Bricsys Products or Third Party Products you may order through the Bricsys Site. If your purchase order or any other communication with Bricsys contains provisions inconsistent with this Agreement, this Agreement will prevail.
Security. The purchase area of the E-Store is designed to be secure. This means that any information you send us is protected by encryption. All messages are sent in an encrypted "digital envelope" and authenticated to verify the identity of both the sender and the receiver of the transaction. However, no connection to the Internet is completely secure. If you experience fraudulent use of your credit card as a result of shopping with Bricsys, notify your credit card company in accordance with its reporting rules and procedures. Most companies will either cover all of the fraudulent purchases or hold you liable for a maximum of $50. Should your credit card company discover credit card fraud and hold you liable for some portion of the unauthorized charges, and provided the purchase was made through our secure server, Bricsys will reimburse you for the maximum liability of $50.
Limited Warranty. Bricsys offers through the E-Store both Bricsys Products and Third Party Products. Certain Bricsys Products and Third Party Products may be subject to End User License Agreements in addition to this Agreement. In the event of a conflict between any provision of a Bricsys End User License Agreement and this Agreement, the provision of the Bricsys End User License Agreement will control as to the particular conflicting provision.
Bricsys Products. During the period within thirty (30) days after you download a Bricsys Product or within thirty (30) days after you receive a Bricsys Product if the product is shipped to you rather than downloaded (Warranty Period), Bricsys will, at Bricsys sole option and without charge, replace the Bricsys Product if it fails to conform to the product's accompanying documentation in effect at the time of shipment or download, or refund the purchase price of the Bricsys Product, provided that Bricsys will not have any liability whatsoever for any damage to or defect in a Bricsys Product resulting directly or indirectly from your abuse or misuse of the product. For you to receive the benefit of this limited warranty, the following must occur: (1) you must notify Bricsys of your claim of an alleged defect or nonconformity within the Warranty Period; (2) you must return any Bricsys Product to Bricsys (if the product was shipped), or certify in writing to Bricsys that the product has been destroyed (if the product was downloaded); and (3) Bricsys must determine that the Bricsys Product is defective or nonconforming. If the Bricsys Product has been shipped to you and the package is unopened, you may return the Bricsys Product to Bricsys, at your expense, any time within the Warranty Period for a refund of the purchase price.
Technical Support for Bricsys Products. During the Warranty Period, Bricsys will provide technical support to you for Bricsys Products, without charge. If you wish to purchase a technical support package beyond the Warranty Period, you may do so through the E-Store.
Third Party Products. All Third Party Products ordered through the E-Store are subject to the terms and conditions of the End User License Agreement between you and the third party vendor (Third Party) (if any), and any other Third Party policies and procedures. All warranties, maintenance, updates, liabilities or other obligations related to Third Party Products will be provided for by the Third Party, and Bricsys will not be responsible for any Third Party Products, except that Bricsys will coordinate returns of Third Party Products to Third Parties.
Taxes. Prices listed through the Bricsys Site do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges. You will be solely responsible for, and will pay to Bricsys upon demand, any such tax, charge or ssessment, unless you have furnished to Bricsys an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.
MODIFICATIONS TO AGREEMENT OR Bricsys SITE
Acknowledgment. You acknowledge that (i) you have read and understand this Agreement; and (ii) the Agreement has the same force and effect as a signed agreement.