This website is operated on behalf of RadView Software LTD. (“RadView”). When using this website (the “Services”), you agree to the terms and conditions contained in this document (“Terms of Use”). We may revise the Terms of Use from time to time, at our sole discretion and without notice to you, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted.
PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. If you are using the Services on behalf of your employer, you represent and warrant that you are authorized to accept these Terms of Use on your employer’s behalf.
User Obligations
You may use the Services solely for legitimate business purposes, and RadView reserves the right to modify or cease offering the Services at any time without notice. You agree not to do any of the following while using the Services:
- intentionally or unintentionally violate any applicable law or regulation; post or transmit any Content that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship, including without limitation export control laws;
- post or transmit any Content that infringes any RadView or third party right of any kind, including without limitation, trademark, patent, trade secret, copyright, publicity, or privacy rights, or that is unlawful, untrue, harassing, libelous, defamatory, tortuous, abusive, threatening, or that contains any virus or damaging computer code;
- access, tamper with or use non-public areas of the website or computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. If you are given access to any password-protected areas of this website, then you must keep such password secure and for your use only, and you must limit your access to permitted areas;
- frame or link to the website except as permitted in writing by RadView;
- impersonate or misrepresent your affiliation with any person or entity. For example, you agree not to falsely represent that you are a copyright holder of a work or the agent of a copyright holder. All personally identifying information that you provide through the Services must be accurate and kept current.
Links
The website may contain links to other websites or resources. You acknowledge and agree that RadView is not responsible or liable for (i) the availability or accuracy of such websites or resources; or (ii) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the website does not imply that we endorse the linked site.
Content and Monitoring
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information or service providers and users, are those of the respective author(s) or distributor(s) and not of RadView. You understand and acknowledge that RadView does not monitor any user-contributed content for accuracy or reliability.
Protection of Content
The website contains trademarks and other material furnished by RadView, and others. You should assume that all information provided on the website or through the Services, such as designs, illustrations, text and other materials, which was not furnished by you (collectively “Site Content”) is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of RadView or the copyrights holder. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the website.
Feedback
You may from time to time provide feedback to RadView related to Site Content, and the programs, products, specifications, test results and services of RadView. Such feedback shall include, without limitation, modifications, additions, fixes, improvements, enhancements, applications, test results, procedures, information, materials, suggestions, ideas, concepts, know-how, techniques, data, translations, developments and discoveries (collectively “Feedback”). You grant RadView a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license to copy, modify, perform, display, distribute, disclose, create derivative works of, and otherwise use and dispose of such Feedback, and to make, have made, use, sell, offer to sell, import and otherwise exploit any implementation of such Feedback, including without limitation the right to sublicense these rights through multiple tiers.
You agree that all right, title and interest (including without limitation all intellectual property) in and relating to the programs, products, specifications, test results and services of RadView and all ideas, information, materials, inventions, trade secrets, know-how, designs, discoveries, inventions, works of authorship, product ideas, test results, specifications, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials related thereto, that are made, conceived, disclosed and/or developed by RadView, alone or with others, and all improvements, modifications and derivative works thereof, are solely owned by RadView.
Notices
RadView will give you any necessary notices by posting them on the website. You authorize RadView to send notices via electronic mail as well if RadView decides, in its sole discretion, to do so. You agree to check the website for notices, and that you will be considered to have received a notice when it is made available to you by posting on the website.
Disclaimer of Warranties
THE SERVICES AND ALL SITE CONTENT IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. RADVIEW DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; THE ACCURACY OR RELIABILITY OF ANY SITE CONTENT; ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR THAT THE SERVICES OR SITE CONTENT WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RADVIEW OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGE RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH RESULT FROM YOUR ACCESSING OR USING ANY SITE CONTENT.
RADVIEW IS NOT RESPONSIBLE FOR ANY DECISIONS BASED UPON THE SITE CONTENT. IT IS YOUR RESPONSIBILITY TO TAKE APPROPRIATE DUE DILIGENCE TO ENSURE THAT THIS INFORMATION IS SUITABLE FOR YOUR PURPOSES, INCLUDING WITHOUT LIMITATION TO IMPLEMENT ANY PRODUCTS OR SERVICES BASED ON SUCH INFORMATION. SPECIFICALLY, YOU ACKNOWLEDGE THAT YOUR RELIANCE UPON SITE CONTENT WILL NOT CREATE ANY LIABILITY ON THE PART OF RADVIEW FOR ANY CLAIM BASED UPON THEORIES OF PRODUCT LIABILITY IN CONNECTION WITH THE PERFORMANCE OF ANY PRODUCT LISTED IN SITE CONTENT.
Indemnification
You agree to defend, indemnify, and hold harmless RadView and its officers, directors, employees, consultants, agents, members, founders and partners, from and against all claims, actions, liability, damages, expenses, costs and demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Services; your connection to the Services; your violation of the rights of others, these Terms of Use or any intellectual property or other right of any person or entity; and/or any intellectual property infringement by any other user of your account. These Terms of Use will inure to the benefit of RadView and its successors, assigns and members.
Limitation of Liability
Neither Radview, nor any other party involved in creating, producing, or delivering the Services shall be liable for any loss of profits, loss or inaccuracy of data, or incidental, reliance, special, consequential, punitive, direct or indirect damages or third party claims resulting from your access to, or use of, or inability to use the website and/or services, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we know of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you. In the event that this exclusion and limitation of liability does not apply fully or otherwise, you agree that the liability of RadView shall be limited to the greatest extent permitted by applicable law.
Export Regulations
You will not export, re-export or transfer any of the products, software, technology, technical information or services provided on this site or by RadView, in violation of the applicable laws and regulations of the United States and of any other country where You obtain such items. In addition to the above, these items shall not, in the absence of authorization by U.S. and local law and regulations, as required, be used by or exported or re-exported (i) to any U.S. sanctioned or embargoed country, or to foreign nationals or residents of such countries; or (ii) to any person, entity, organization or other party identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List, as published and revised from time to time; or (iii) to any party engaged in nuclear, chemical/biological weapons, or missile proliferation activities; or (iv) for use in the design, development or production of rocket systems or unmanned air vehicles. Further, you represent that you and your employees, contractors, affiliates and subsidiaries (and their employees and contractors) are not persons, entities, organizations or other parties identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List, as published and revised from time to time.
Forward Looking Statement
Some of the information on this web site may contain projections or other forward-looking statements regarding future events or the future financial performance of RadView. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. We refer you to the documents RadView files from time to time with the Securities and Exchange Commission, specifically, RadView’s Registration Statement on Form S 1. These documents contain and identify important factors that could cause actual results to differ materially from those contained in our projections or forward-looking statements.
General
You are responsible for compliance with applicable local laws, keeping in mind that access to the Services may not be legal by certain persons or in certain countries. If any part of these Terms of Use is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms of Use are personal to you and you may not transfer, assign or delegate these Terms of Use to anyone without the express written permission of RadView. Any attempt by you to assign, transfer or delegate these Terms of Use without the express written permission of RadView shall be null and void. The paragraph headings in these Terms of Use are included to help make the agreement easier to read and have no binding effect. These Terms of Use constitute the entire agreement between you and RadView with respect to the use of the Services and may only be superseded or amended by a written agreement signed by authorized representatives of the parties. The law of the State of Isreal., without regard to its conflicts of law provisions, will govern these Terms of Use. You and RadView agree to submit to the personal and exclusive jurisdiction of the courts located in Tel-Aviv, Israel. Any waiver of any provisions of these Terms of Use will be effective only if in writing signed by RadView.
Trademark Information
“RadView, Software Ltd..”,”RadView”, the RadView products and logo, and “radwiew.com”, are the trademarks of RadView. These trademarks may not be used without express written permission from RadView. All other trademarks, including HDMI, are the property of their respective owners.
Survival
The following Sections shall survive any termination of the Terms of Use: User Obligations, Disclaimer of Warranties, Indemnification, Limitation of Liability and General.
If you have any questions about these Terms of Use, please contact us at:
support at RadView.com
Last modified: June, 2010