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Terms of Use

1) Site Publisher

This website is owned by Axway Inc.

Registered head office

1209 Orange Street Wilmington Country of New Castle State of Delaware 19801

Executive Management

6811 E. Mayo Blvd, Suite 400
Phoenix AZ 85054 US

Contact:
Telephone: +1 480-627-1800
E-mail: webmaster@axway.com

Site host

Rackspace Hosting
9725 Datapoint Drive
San Antonio, TX 78229
www.rackspace.com
privacy@rackspace.com

2) Definitions

“Personal Data” refers to the data concerning individuals, enabling their direct or indirect identification. Such data are collected by the Site Publisher exclusively upon consultation or registration by the Users on the Site as individuals. It is emphasised that no personal data of a so-called “sensitive” nature (i.e. notably ethnic origin, political, philosophical or religious beliefs, trade union affiliation, individual morals) is collected.

“Information” refers to all the contents of information nature or not available on the Site.

“Product” refers to any software or software package published and/or marketed by the Site Publisher or, if such is the case, by the Companies in the Group.

“Service” refers to a service provided by the Site Publisher or, if such is the case, by the Companies in the Group.

“Site” refers to the website presenting the Products and Services of the Site Publisher, and enabling the on-line distribution of the Information.

“Companies in the Group” refers to all the Companies in the Axway Software group, or to a Company in the group when it is not necessary to identify it specifically. It is emphasised that these Companies in the Group are independent corporations and legal entities. The use of the expression “Companies in the Group” should therefore not be considered as evidence of a joint and several liabilities, whether between the companies in the group or towards the Site Users, or more generally towards third parties.

“You” or “the User” refers to any visitor to the Site, professional or not, customer or not of the Site Publisher.

3) Scope

The Site Publisher has put this Site on line in order to introduce to You its products and Services, as well as information related to its activity. The use of this Site implies that you agree to be bound by the Terms of Use, including the “Privacy Policy”. The Terms of Use are available at any time from the following address:

Axway Inc.
Attn: Webmaster
6811 E. Mayo Blvd., Suite 400
Phoenix, AZ 85054 USA
webmaster@axway.com 

In addition, it is emphasised that the Site Publisher may offer other services through this Site, for which specific terms of use will have to be agreed before any use. In that case, these specific terms will complete the Terms of Use.

4) Information available on the Site

The Site Publisher makes its best efforts to offer You checked, accurate and complete information as and when You collect it, within the limits however of its own knowledge and of the information made available to it.

i) Information on the Products and Services

The Products and Services that are presented to You are not an offer for sale but a general presentation of the range of Products and Services marketed by the Site Publisher and/or the Companies in the Group.

The Site Publisher and/or the Companies in the Group may modify the information about the Products and Services contained in this Site at any time and without notice.

ii) Financial information

The information displayed on this Site may contain forecasts concerning the financial situation, the operations results, the activities and the strategy of the Site Publisher and/or the Companies in the Group. More specifically, declarations concerning in particular the targets, the growth estimates or other operations results trend are conjectural. These estimates are based on assumptions that may turn out to be inaccurate, and depend on risk factors such as, in particular, the economic and financial outlook. The Site Publisher and/or the Companies in the Group assume no responsibility or guarantee on the update of the forecasts due to new information or to future or other events.

iii) Patently unlawful information

The Site Publisher makes its best efforts to ensure that the content of its Site respects the applicable laws and Your rights. As such, and if information might appear as “patently unlawful”, You may require from the Site Publisher, attaching imperatively evidence of your right to take action, the deletion, modification or correction of the Information concerned from the following address:

Axway Inc.
Attn: Webmaster
6811 E. Mayo Blvd., Suite 400
Phoenix, AZ 85054 USA
webmaster@axway.com 

5) Intellectual Property

The Site Publisher and/or the Companies in the Group own all the intellectual property rights concerning the Site, or the relevant rights of use.

Access to the Site does not convey any right over the intellectual property rights concerning the Site, which remain the sole property of the Site Publisher and/or the Companies in the Group or their partners.

The elements accessible on the Site, such as, but not limited to, texts, photographs, pictures, icons, sounds, videos, software, databases, data are also protected by intellectual and industrial property rights, or other privative rights that are owned by the Site Publisher and/or the Companies in the Group.

Except as specifically set forth on the Site (provisions inviting You expressly to download a document available on the Site), You may under no circumstances copy, represent, modify, transmit, adapt on whatever support and by whatever means, or exploit in any way all or part of the Site without prior written agreement of the Site Publisher.

Unauthorised exploitation of all or part of the Site, and for whatever reason, may lead to any appropriate action, including being sued for infringement of intellectual property rights.

Only the use of a non-substantial qualitative and quantitative part of the Site is authorised for strictly private and non-commercial purposes.

i) Documents available on the Site

With regards to the documents available on the Site that You are expressly invited to download, their reproduction is authorised for solely information purposes and for personal and private use: any reproduction and use of any copy for other purposes are strictly forbidden, and subject to prior written approval of the Site Publisher. In any case, the authorised reproduction of information displayed on the Site will have to mention the appropriate copyrights.

ii) Distinctive signs

Unless otherwise mentioned, the corporate names, logos, products and brands reproduced and/or mentioned on the Site are the property of the Site Publisher and/or of the Companies in the Group or that of their partners. They may not be used without prior written authorisation issued by the aforesaid Companies.

6) Personal data registration

For some of the services offered on the Site (registration for an event or seminar, registration to access downloadable documents, registration for an application), the Site Publisher requires that You register.

By registering, You undertake to supply truthful, accurate, up to date and complete information about Yourself or Your Company, as requested on the registration form.

Personal Data and other personal information that may be required are processed according to the Privacy Policy implemented by the Site Publisher for the treatment of Users’ Personal Data. This policy is detailed in the Privacy Policy, which can be accessed at any time at the following address:

Axway Inc.
Attn: Webmaster
6811 E. Mayo Blvd., Suite 400
Phoenix, AZ 85054 USA
webmaster@axway.com 

We remind You that, in compliance with the applicable laws, You have a right of opposition, modification, correction or deletion of Your Personal Data. You may exercise it according to the provisions of the Privacy Policy.

7) Limited liability

i) Information

In consideration of the nature and the purpose of the Information as set forth in Article 4 of the Terms of Use “Information available on the Site”, You acknowledge that You use such Information under Your sole responsibility, and fully bear the risks in relation to the trust you place in it.

As such, the Site Publisher and/or the Companies in the Group may under no circumstances be liable for direct or indirect damages arising out of or related to the use of such Information, and more generally for the use of its Site, the oversights, the non-availability of Information and/or the presence of viruses on its Site.

Similarly, the Site Publisher and/or the Companies in the Group will not guarantee the exhaustivity, accuracy, completeness and timeliness of the Information displayed on the Site.

ii) Hypertext links

The Site Publisher and/or the Companies in the Group formally decline any responsibility over the contents of sites to which it offers links. These links are offered to You as a service. The decision to activate the links is solely Yours.

The insertion of hypertext links pointing at all or part of the Site is prohibited without prior written authorisation of the Site Publisher.

Should you wish to create a hypertext link with the Site, you shall obtain prior written authorisation of the Site Publisher by contacting: 

Axway Inc.
Attn: Webmaster
6811 E. Mayo Blvd., Suite 400
Phoenix, AZ 85054 USA
webmaster@axway.com

7.1.3. Downloaded documents

During the registration procedure allowing You to download documents from the Site, you are required to give Your User name (i.e. a valid e-mail address) and a password (to Your convenience). You are responsible for the confidential nature of Your password.

Any download from the Site is implemented at your own risks. You will be responsible for any potential damage suffered by your computer, or any loss of data subsequent to the download of such documents.

8) Updates of the Terms of Use

The Site Publisher may update these Terms of Use at any time, and without notice. Therefore, You are invited to regularly refer to the latest Terms of Use in force when you connect to the Site.

9) Applicable Law

The Site and the Information it contains being mainly intended for American Users shall be governed by and construed in accordance with the laws of Arizona.

Any dispute arising from the interpretation and/or execution of the General Terms of Use of the Site shall be submitted to the exclusive jurisdiction of the Courts of Arizona.

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