Acceptance of Terms
Description of Services
OpenCRM may provide you with access to a variety of resources, materials and downloads, including business, educational and technical news and information (collectively, "Services"). The Services, including any updates and enhancements, are subject to the Terms.
Use of Software
Any software that is made available to download from this Site ("Software") is the copyrighted work of OpenCRM and/or its licensor's (if any). You must be a registered OpenCRM subscriber in order to download and/or use the Software. Furthermore, your right to download and/or use the Software will be subject to the terms and conditions of the OpenCRM End User License Agreement ("OpenCRM License Agreement"). Any use, reproduction or redistribution of the Software not in accordance with such OpenCRM License Agreement is prohibited.
Materials Available Pursuant to the Site
Subject to the Terms, OpenCRM authorises you to view and use the information and materials obtained from this Site directly or sent by OpenCRM via email or post pursuant to a request by you via the Site (collectively, "Materials"), provided that: (1) you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials; and (2) your use of the Materials is subject to the Limitation of Use restrictions set out here.
Limitation on Use
Unless otherwise specified in the Terms and/or the OpenCRM License Agreement, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services. If you breach any of these Terms, your authorisation to use this Site automatically terminates and you must immediately destroy any Materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by OpenCRM via email or post).
You may obtain direct access via the Site to certain confidential information of OpenCRM and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with OpenCRM and its suppliers. Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or OpenCRM written request, You must cease use of Confidential Information and return or destroy it. The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from OpenCRM, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to OpenCRM adequate to afford OpenCRM the opportunity to object to the disclosure.
eSign of Sales Orders
All Sales Orders that are eSigned through OpenCRM.co.uk, Add-ons.co.uk or Software Add-ons Customer Service Portal are subject to the Terms and Conditions of Sales that are provided with the Sales Order that has been sent to you by Email. These Terms and Conditions of Supply supersede any terms that are not implicitly provided as an addendum and signed by an authorised representative of Software Add-ons.
Policy on Privacy
When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration ("Your Data"), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration.
The Services may contain e-mail services, bulletin board services, chat areas, news groups and other forums designed to enable you to communicate with others ("Communication Services"). You understand that by using this Site you may be exposed to content that is offensive, indecent, or objectionable. You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, where applicable, related to the particular Communication Service. We may, but are not obligated to, monitor or review these areas and the content of any such Communication Services. We will have no liability related to the content of any such Communication Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any material posted to this Site that in the sole opinion of OpenCRM violates community standards, will be removed and the account of the poster may, at OpenCRM discretion, be revoked or suspended. Any material that meets the standards described above might be edited by OpenCRM solely for the purpose of clarity and length.
Materials Provided to OpenCRM or Posted at the Site
Links to Other Web Sites
Links to third party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed all of these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS OF THE OpenCRM AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED ON THE OpenCRM AGREEMENT, ALL SOFTWARE, MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OpenCRM, FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSOR'S (IF ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Neither OpenCRM, nor its subsidiaries and affiliates and their respective licensors (if any) and suppliers, warrant the accuracy, completeness or quality of any of the Materials or Services.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL OpenCRM, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, SOFTWARE OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. This site is controlled and operated by OpenCRM from its offices in the United Kingdom . OpenCRM makes no representation that materials or services at this Site are appropriate or available for use outside the United Kingdom, and access to them from territories where their contents are illegal is prohibited.
Software, Services, Materials, tools, and technical data delivered by or to OpenCRM may be subject to export controls or the trade laws of other countries. You and OpenCRM agree to comply with all export control regulations and acknowledge that they have the responsibility to obtain such licenses to export, re-export or import as may be required. You and OpenCRM agree not to export or re-export to entities on the most current UK export exclusion lists or to any country subject to UK embargo or terrorist controls as specified in the current export laws. You and OpenCRM will not use or provide Software, Services, Materials, tools, and technical data for nuclear, missile, or chemical biological weaponry end uses.
You agree to indemnify and hold OpenCRM and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Your Submission, Your use of or connection to the Site (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
Jurisdiction and Venue
These Terms are to be governed and interpreted under the laws of England . In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Site, litigation must be brought in an English court.
The failure of OpenCRM to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, any Software downloaded from this site is governed separately by the OpenCRM License Agreement.
"OpenCRM Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations OpenCRM uses in connection with its products and services. You may not remove or alter any OpenCRM Trademarks, or co-brand your own products or material with OpenCRM Trademarks, without OpenCRM prior written consent. You acknowledge OpenCRM rights in OpenCRM Trademarks and agree that any use of OpenCRM Trademarks by You shall inure to OpenCRM sole benefit. You agree not to incorporate any OpenCRM Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies. The names of actual companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.
For a description of the refund/return policy that applies to your purchase of Software and/or Services, please review the specific terms and conditions contained in the applicable OpenCRM License Agreement or other agreement you consented to be bound to in connection with the use of Software and/or Services.