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1. The views expressed on this Website are those of the author and do not necessarily reflect the views of Quintiq. Quintiq has no obligation to monitor the Website or screen Content that is Shared on or through the Site. However, Quintiq reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content at its sole discretion.
2. The Website and the content made available on the Website are the intellectual property and copyrighted works of Quintiq or a third party supplier of Quintiq. All rights, title and interest not expressly granted with respect to the Website and its content provided on or through the Site are reserved. The content is made available on an "As Is" and "As Available" basis, and Quintiq reserves the right to terminate the permission to use the content at any time. The Website may provide links to other websites and access to the content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Website (“Third-Party Content). Quintiq is not responsible for Third-Party Content provided on or through the Website and you bear all risks associated with the access and use of such Website and Third-Party Content.
3. You agree not to use the Website and the content available on the Website for any purpose that is unlawful or prohibited by this Agreement. You may use the content made available on the Website solely for your personal, informational, noncommercial purposes and you may not redistribute the content. You agree not to access or use the Website in any manner that could damage, disable, overburden, or impair any Quintiq accounts, computer systems, networks or technology. You agree not to attempt to gain unauthorized access to any parts of the Website or any Quintiq accounts, computer systems, networks or technology. You agree not to interfere or attempt to interfere with the proper working of the Website or any Quintiq accounts, computer systems, networks or technology. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Quintiq accounts, computer systems or networks without Quintiq's express written permission.
4. You agree that you will only upload, share, post, publish, transmit, or otherwise make available on or through the Website that content (hereinafter “User Content”, including but not limited to: comment, reply, post) that you have the right and authority to distribute and for which you have the right and authority to grant to Quintiq all of the licenses and rights described in this Agreement. By making available User Content on this Website, you grant Quintiq a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the User Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any Quintiq product or service, and to display, market, sublicense and distribute the User Content as incorporated or embedded in any product or service distributed or offered by Quintiq without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Quintiq's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the User Content have been waived to the full extent allowed by law. Also, you agree that:
i. you will not make available any User Content that: (a) is binary executable code; (b) is false or misleading; (c) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (d) invades another's privacy or includes another's confidential, sensitive or personal information; (e) promotes bigotry, racism, hatred or harm against any group or individual; (f) is obscene or not in good taste; (g) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (h) you do not have the right and authority to Share and grant the necessary rights and licenses for; (i) violates or promotes the violation of any applicable laws or regulations; (j) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (k) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.
ii. You agree to indemnify and hold harmless Quintiq, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs, due to or arising out of the User Content, your violation of this Agreement or your violation or infringement of any third party rights.
iii. Quintiq does not want to receive confidential information from you through or in connection with the Website. Notwithstanding anything that you may note or state in connection with the User Content, it shall not be considered confidential information and shall be received and treated by Quintiq on a non-confidential and unrestricted basis.
iv. Quintiq may, in its sole discretion, at any time discontinue providing or limit access to the Website, any areas of the Website. You agree that Quintiq may, in its sole discretion, at any time, terminate or limit your access to or use of the Website. Quintiq will terminate or limit your access to or use of the Website if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that Quintiq shall not be liable to you or any third-party for any termination or limitation of your access to or use of Website.
5. All matters relating to your access to, and use of, the Website, its content and User Content made available on the Website shall be governed by the law of the Netherlands. Any legal action or proceeding relating to your access to, or use of, the Website shall exclusively be brought before the competent Court in ‘s-Hertogenbosch, The Netherlands. You and Quintiq agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QUINTIQ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE. QUINTIQ MAKES NO WARRANTY THAT: (A) THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN DISCRETION AND RISK. QUINTIQ SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
QUINTIQ RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE WEBSITE AND CONTENT PROVIDED ON OR THROUGH THE WEBSITE AT ANY TIME WITHOUT NOTICE.
IN NO EVENT SHALL QUINTIQ BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE WEBSITE OR ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.