Terms of use
Please read these terms and conditions carefully before accessing this Site.
This Site is operated by Bow IT Solutions, which is the trading name of Bow
Software Ltd.
Acceptance of terms
By accessing this Site in any way you agree to and are bound by the terms and
conditions set forth in this document and in any changes thereto that Bow Software
may publish from time to time (collectively, the "Terms of use"). If you
do not agree to all of the terms and conditions contained in the Terms of use, do
not access or use this Site.
Bow Software may change the Terms of use and other guidelines and rules posted on
the Site from time to time at its discretion. Your continued access or use of the
Site, or any Materials or Services, constitutes your acceptance of the changes.
Your access and use of the Site, Materials and Services will be subject to the most
current version of the Terms of use, rules and guidelines posted on the Site at the
time of such use. You should regularly check the "Terms of use" link on the
home page of bowitsolutions.co.uk to view the then-current terms. If you breach any
of the Terms of use, your authorisation to access or use this Site, Materials and Services
automatically terminates, and any Materials downloaded or printed from the Site in
violation of the Terms of use must be immediately destroyed.
The Site
Bow Software Ltd, its affiliates and agents ("Bow Software") make this web Site and the
Materials and Services available for your access and use subject to the Terms of use.
"Materials" means all information, data, documents (e.g. white papers, press
releases, datasheets, FAQs, etc.), communications, downloads, files, text, images,
photographs, graphics, videos, webcasts, publications, content, tools, resources,
software, code, programs and products made available or enabled via the site by Bow Software
or users of this Site.
"Services" means all services and resources offered or enabled via the site by
Bow Software and users of this Site, including download areas, developer tools services,
product and other information services and communications services such as bulletin boards,
calendars, chat areas, communities, e-mail, forums, newsgroups, personal webpages, photo
albums and other message or communication facilities designed to enable you to communicate
with others (collectively, "Communications Venues").
All materials provided by Bow Software are referred to collectively as "Bow Software
Materials".
Intellectual property; limited license to users; trademark information
The Materials and Services, as well as their selection and arrangement, are protected by
copyrights, trademarks, patents, trade secrets and all other intellectual property and
proprietary rights (collectively, "Intellectual Property Rights"), and any
unauthorised use of the Materials or Services may violate such laws and the Terms of use.
Except as expressly provided herein, Bow Software and its suppliers do not grant any express
or implied rights to use the Materials and Services. You agree not to copy, republish, frame,
download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell,
assign, distribute, display, perform, license, sublicense or reverse engineer the Site,
Materials or Services, any portions of the Site, Materials or Services or the selection and
arrangement of the Site, Materials or Services, except as expressly authorised herein. In
addition, you agree not to use any data mining, robots or similar data gathering and extraction
methods in connection with the Site, Materials or Services.
The trademarks, logos and service marks ("Marks") displayed on this Site are the
property of Bow Software Ltd or other third parties. You are not permitted to use the Marks
without the prior written consent of Bow Software Ltd or such third party that may own the Marks.
Use of site and services
You shall pay all costs and charges, including phone charges and telecommunications equipment
costs, that you incur in order to access or use the Site, Services and Materials. You must
adhere to all limitations on dissemination, usage and reproduction of any Materials that you
download from the Site that are subject to such limitations. You agree to use the Services
only to access, download, utilize, post, send or receive Materials in an appropriate manner
as related to the particular Materials or Services being accessed or used by you. As some
examples of improper activities when accessing or using the Site, Services or Materials, you
agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone
numbers, personal information or any other information about others.
- Use or attempt to gain access to or use another's account, password, Service, Materials
or computer systems or networks connected to any Bow Software server or to the Site without
authorisation from Bow Software, whether through hacking, password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or
proprietary rights notices, author attributions or other information such as origin or source
of the Material.
- Access or attempt to access any Material that you are not authorised to access or Materials
through any means not intentionally made available through the Site or Services.
- Make available any files containing Materials where you do not own or control, or have not
received the necessary licenses to, all Intellectual Property Rights, rights of privacy and
publicity and all other rights in and to such Materials.
- Use any Materials in any manner that infringes any Intellectual Property Rights or other
rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services,
Materials, systems resources, accounts, passwords, servers or networks connected to or accessible
through the Site or any affiliated or linked sites.
- Transmit unsolicited or bulk communications to any Bow Software account holder or to any
bowsoftware.co.uk or affiliated e-mail address.
- Post or otherwise submit any software, programs or files that are harmful or disruptive of
another's equipment, software or other property, including any corrupted files, time bombs,
Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any Materials posted by another that you know, or reasonably should know, cannot be
legally reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated
or linked sites, Materials or Services.
- Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
- Access or use the Site in any manner that could damage, disable, overburden or impair any Bow
Software server or the network(s) connected to any Bow Software server.
- Violate any applicable laws or regulations related to the access to or use of the Site, or engage
in any activity prohibited by the Terms of use.
- Post or otherwise submit any topic, name, material or information that is child pornography,
defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene,
profane, racist, unlawful, or otherwise objectionable.
- Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage
information or any portion thereof, or transmit, provide or otherwise distribute (whether or not
for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other
duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of Bow Software or any third party (including rights of privacy and publicity)
or abuse, defame, harass, stalk or threaten another.
- Use any Bow Software domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to
buy or sell goods or services), unless specifically allowed to do so by Bow Software.
When using Services or Materials, you will be subject to any posted guidelines, rules or licenses
applicable to such Services or Materials, in addition to the Terms of use. Materials and Services
provided by third parties (collectively, the "Third-Party Services") are governed by
separate agreements accompanying such Materials and Services. Bow Software offers no guarantees
and assumes no responsibility or liability of any type with respect to the Third-Party Services,
including any liability resulting from incompatibility between a Third-Party Service, Bow
Software Materials, Bow Software provided Services or another Third-Party Service. You agree
that you will not hold Bow Software responsible or liable with respect to the Third-Party Services.
Certain Services and Materials will only be made available to users who have paid Bow Software a
fee for such Services and Materials. Such users may additionally be required to enter into a
subscription agreement or other use agreement for that particular Service or Material. In addition
to these Terms of use, users of any Services that include Communications Venues may be required,
in Bow Software's sole discretion, to agree to a separate legal agreement on the Site or
otherwise. Your access to such Communications Venues will be denied for violation of either the
Terms of Use or the applicable agreement.
Bow Software, in its sole discretion, may (but has no obligation to) monitor or review the
Materials and Services at any time. Bow Software may at any time without notice and in its
sole discretion: (a) terminate a Service, access to or use of any Materials or an area of
the Site where Materials are posted or submitted; and (b) disclose any information related
to your use of a Service or Material, or the substance of any of your posted or submitted
Materials, as Bow Software deems necessary to comply with applicable law, regulation, legal
process or governmental request. You agree to use extra care when disclosing any personally
identifiable information about yourself or your children in any Services or when you post
or otherwise submit any Materials.
If you are required to establish an account in connection with a particular Service or
Material, you must complete the designated registration process for such Service or
Material. All required registration information that you provide must be current,
complete and accurate and kept up to date on a prompt, timely basis. If required, you
must also choose a password for such account. It is your sole responsibility to keep
your account details and other sensitive information confidential. If you become aware
of any unauthorised use of your account or any other breach of security, you shall
notify Bow Software immediately. If any Services or Materials provide password-restricted
access to your sensitive information (including customer lists and contractual terms),
then by accessing or using this Site and setting up a password-restricted account for
such Services or Materials, you consent to Bow Software's display of such
information via such Services or Materials and accept all risks of unauthorised access
to such information.
Use of software
Materials encompassing any software code, including programs, tools, utilities, files
and otherwise, and accompanying documentation that are made accessible via the Site
(collectively, "Software") are the copyrighted and patented work of Bow
Software or its suppliers. Use of such Software is governed by the terms of the
license agreement that accompanies or is included with the Software, or by the
license agreement expressly stated on the Site page(s) accompanying the Software.
Most terms and licenses may only be posted with the Software downloads or at the
Site page where the Software can be accessed. You will not be able to use, download
or install any Software that is accompanied by or includes a license agreement unless
you agree to the terms of such license agreement. If no license agreement accompanies
the Software, use of the Software will be governed by the Terms of use. You agree that
you will not decompile, reverse engineer or otherwise attempt to discover the source
code of the Software. The Software is made available solely in accordance with the
license agreement. Without limiting the foregoing, unless the accompanying license
agreement expressly allows otherwise, any copying or redistribution of the Software
is prohibited, including any copying or reproduction of the Software to any other
server or location for further reproduction, redistribution or use on a service bureau
basis. Any unauthorised use, copying or distribution of the Software is expressly
prohibited by law, and may result in severe legal penalties. Violators will be
prosecuted to the maximum extent possible.
Restriction and termination of use
Bow Software may block, restrict, disable, suspend or terminate your access to all
or part of the Site, Services and Materials at any time in Bow Software's sole
discretion, without prior notice or liability to you.
Links to third party sites
The Site, Services or Materials may include links that will take you to other sites
outside of the Site ("Linked Sites"). The Linked Sites are provided by Bow
Software to you as a convenience and the inclusion of the links do not imply any
endorsement by Bow Software of any Linked Site. Bow Software has no control of the
Linked Sites and you therefore acknowledge and agree that Bow Software is not
responsible for the contents of any Linked Site, any link contained in a Linked Site
or any changes or updates to a Linked Site. You further acknowledge and agree that
Bow Software is not responsible for any form of transmission (e.g. webcasting)
received from any Linked Site.
Warranties and disclaimers
The Site, Services and Materials, are provided by Bow Software under these terms of
use "as is" without warranty of any kind, either express, implied,
statutory or otherwise, including, but not limited to, the implied warranties of
title, non-infringement, merchantability or fitness for a particular purpose.
Without limiting the foregoing, Bow Software makes no warranty that (i) the site,
services or materials will meet your requirements; (ii) the site, services or
materials will be uninterrupted, timely, secure, or error-free; (iii) the
results that may be obtained from the use of the site, services or materials will
be effective, accurate, or reliable; (iv) the quality of the site or any services
or materials purchased or accessible by you will meet your expectations; and (v)
any errors or defects in the site, services or materials will be corrected.
The Site, Services and Materials may include technical or other mistakes,
inaccuracies, or typographical errors. Bow Software may make changes to the Site,
Materials and Services, including the prices and descriptions of any Software or
Products listed, at any time in its sole discretion and without notice. The Site,
Materials and Services may be out of date, and Bow Software makes no commitment
to update the Site, Materials and Services.
You acknowledge and agree that: (i) Bow Software does not control, endorse, or
accept responsibility for any Materials or Services offered by third parties,
including third-party vendors and third parties accessible through Linked Sites;
(ii) Bow Software makes no representations or warranties whatsoever about any
such third parties, their Materials or Services; (iii) any dealings you may have
with such third parties are at your own risk; and (iv) Bow Software shall not be
liable or responsible for any Materials or Services offered by third parties.
Bow Software does not control or endorse the materials found in any Services and
specifically disclaims any liability with regard to the Site, Services and any
actions resulting from your use of the Site and Materials and participation in any
Services. Managers, hosts, participants and other third parties are not authorised
Bow Software spokespersons, and their views do not necessarily reflect those of
Bow Software.
The use of the Site, Services or the downloading or other use of any Materials is
done at your own discretion and risk and with your agreement that you will be
solely responsible for any damage to your computer system, loss of data or other
harm that results from such activities. Bow Software assumes no liability for any
computer virus or other similar software code that is downloaded to your computer
from the site or in connection with any Services or Materials. No advice or
information, whether oral or written, obtained by you from Bow Software or via the
Site, Services or Materials shall create any warranty not expressly stated in the
Terms of use. Bow Software will not be liable for any loss that you may incur as a
result of someone else using your password or account with respect to the Site or
any Services or Materials, either with or without your knowledge.
Some jurisdictions do not allow the exclusion of implied warranties or limitations
on how long an implied warranty may last, so the above limitations may not apply to
you. To the extent permissible, any implied warranties are limited to ninety (90)
days.
International users
This Site can be accessed from countries around the world and may contain references
to Bow Software products, services and programs that are not available in your country.
These references do not imply that Bow Software intends to announce such products,
services or programs in your country. The Site is controlled, operated and
administered by Bow Software Ltd from its offices within the United Kingdom. Bow
Software makes no representation that the Site, Services or Materials are appropriate
or available for use at other locations outside the United Kingdom, and access to the
Site from territories where the Site, Services or Materials are illegal is prohibited.
If you access the Site from a location outside the United Kingdom, you are responsible
for compliance with all local laws. See the section on export control laws below for
further information.
Personal information and privacy
Bow Software will use and protect your data, such as your name and email address, in
accordance with the Bow Software Online Privacy Policy, the contents of which are incorporated by
reference into the Terms of use. Please be aware that your browser must be enabled to
accept cookies in order for you to use certain Materials and Services or to access the
members areas.
Limitation of liability
In no event shall Bow Software, its officers, directors, employees, partners or suppliers
be liable to you or any third party for any special, punitive, incidental, indirect or
consequential damages or losses of any kind, or any damages or losses whatsoever,
including those resulting from loss of use, data or profits, whether or not foreseeable
or if Bow Software has been advised of the possibility of such damages or losses, and
on any theory of liability, including breach of contract or warranty, negligence or
other tortious action, or any other claim arising out of or in connection with: (1)
the access or use of or the inability to access or use the Site, Services, or Materials;
(2) the statements or actions of any third party on or via the Site, Services or
Materials; (3) any dealings with vendors or other third parties; (4) any unauthorised
access to or alteration of your transmissions or other data; (5) any information that
is sent or received or not sent or received; (6) any failure to store or loss of data,
files, materials or other content; (7) any services available that are delayed or
interrupted; (8) any web site referenced or linked to from this Site; or (9) your access
to or use of or inability to access or use any linked site. Some jurisdictions prohibit
the exclusion or limitation of liability for consequential or incidental damages.
Accordingly, the limitations and exclusions set forth above may not apply to you.
Notification of copyright infringement
Bow Software will, in appropriate circumstances, terminate the accounts of users who
infringe the Intellectual Property Rights of others. Bow Software will investigate
notices of copyright infringement and take appropriate actions under the law. If you
believe that your work has been used or copied in a way that constitutes copyright
infringement and such infringement is occurring on this Site or on sites linked to from
this Site or in connection with the Services or Materials, please provide, written
notification of claimed copyright infringement to the Designated Agent for this Site
(identified below), which must contain the following elements:
- A physical or electronic signature of the person authorised to act on behalf of the
owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work or works that you claim have been infringed and
identification of what content in such work(s) is claimed to be infringing and which
you request to be removed or access to which is to be disabled;
- A description of where the content that you claim is infringing is located on the
Bow Software Site;
- Information sufficient to permit Bow Software to contact you, such as your physical
address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the use of the content
identified in your Notice in the manner complained of is not authorised by the
copyright owner, its agent, or the law;
- A statement by you that the information in your notice is accurate and that you are
the copyright owner or authorised to act on the copyright owner's behalf.
Bow Software's Designated Agent for Notice of claims of copyright infringement can
be reached as follows:
Charlotte Quickenden or Designated Agent – Copyright Infringement Claims
Bow Software Ltd
The Old Malt House
Bow
Crediton
Devon
EX17 6HB
United Kingdom
tel: +44 1363 881 406
email: legal@bowsoftware.co.uk
The Designated Agent should be contacted only if you believe that your work has been used
or copied in a way that constitutes copyright infringement and such infringement is
occurring on the Site or on sites linked to from the Site or in connection with the
Services or Materials. All other inquiries directed to the Designated Agent will not be
responded to. Such inquiries should be made through the
feedback procedure.
Spam e-mail and postings
Bow Software may without restriction block, filter, delete, publish or use anything
contained within or about unsolicited e-mail.
Advertisements and promotions
Bow Software may run advertisements and promotions from third parties via the Site,
Services or Materials in any manner or mode and to any extent. Your communications,
activities, relationships and business dealings with any third parties advertising or
promoting via the Site, Services or Materials, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, shall be solely matters between you and such third parties.
You acknowledge and agree that Bow Software is not responsible or liable for any loss or
damage of any kind incurred as the result of any such dealings or as the result of the
presence of such non-Bow Software advertisers on the Site or in connection with the
Services or Materials.
Indemnity and liability
You agree to indemnify and hold Bow Software and its officers, co-branders, other partners
and employees harmless from any claim or demand, including reasonable legal fees, made by
any third party due to or arising out of: (a) your access to or use of the Site, Services
or Materials (including any use by your employees, contractors or agents and all uses of
your account numbers, user names and passwords, whether or not actually or expressly
authorised by you, in connection with the Site or any Services or Materials); (b) your
connection to the Site, Services or Materials; (c) your violation of the Terms of use;
(d) the actions of any member of your Work Group; (e) your infringement of any third
party's Intellectual Property Rights when using any of the Software made available
on the Site, Services or in any Materials; (f) your violation of any rights of any third
party; (g) your access to or use of Linked Sites and your connections thereto; or (h) any
dealings between you and any third parties advertising or promoting via the Site, Services
or Materials.
General
The Terms of use and other rules, guidelines, licenses and disclaimers posted via the Site
or in connection with the Materials and Services constitute the entire agreement between
Bow Software and you with respect to your access to or use of the Site, Materials and
Services superseding any prior agreements between you and Bow Software on such subject
matter (including any prior versions of the Terms of use). Notwithstanding the foregoing,
to the extent that any terms set forth in the Terms of use expressly contradict any terms
of a written agreement between you and Bow Software regarding the use of specific Services
or Materials (including Service-specific terms of use and Software-specific licenses)
("Executed Agreement"), such contradictory terms set forth in the Executed
Agreement shall govern. You may also be subject to additional terms and conditions that
may apply when you use other Bow Software services, third party content or third party
software. You may not assign or otherwise transfer the Terms of use nor any right granted
hereunder without Bow Software's prior written consent. If for any reason a legal body
finds any provision of the Terms of use, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to effect the intent
of the parties as reflected by that provision, and the remainder of the Terms of use shall
continue in full force and effect. Any failure by Bow Software to enforce or exercise any
provision of the Terms of use or related right shall not constitute a waiver of that right
or provision. The section titles used in the Terms of use are purely for convenience and
carry with them no legal or contractual effect.
Last updated: 9th July 2008
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