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SoftPlan+ Terms of Service

February 19, 2013

TERMS OF SERVICE

The terms of service (the “Terms”) govern your access to and use of the features and services of SoftPlan+ , including website data sharing and available content (the “Services”), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with SoftPlan Systems Inc.
 The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you using the SoftPlan+ startup screen. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
SoftPlan Systems Inc reserves the right to adjust the price of the services at any time.

YOUR PRIVACY

By using our Services you provide us with information, files, and folders that you submit to the SoftPlan+ server.  You retain full ownership of all your content.
If you contact SoftPlan Technical support regarding problems you may be having with any particular project you agree to allow SoftPlan technicians access to your drawings to allow resolution of your problem and to modify any data as may be required.
SoftPlan technicians will endeavor to minimize any alteration of your data but while attempting to resolve the problem some data may be altered or removed unintentionally.
Following access to your data by SoftPlan personnel it is your responsibility to review the content to ensure completeness and  accuracy.

REDISTRIBUTION OF CONTENT

The SoftPlan+ services make available to you additional content including symbols and textures as well as training material. You may not redistribute this content by any means including hard copy or internet sharing.
This content is provided for use within your SoftPlan projects and may be shared only as content integrated with your SoftPlan projects.

YOUR RESPONSIBILITIES

Information you place into the SoftPlan+ services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not SoftPlan Systems , will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current

PAYMENTS

If there is a charge associated with the services, you agree to pay that charge. The price stated for the service excludes all applicable taxes, unless stated otherwise. You are solely responsible for paying such taxes or other charges.
We may suspend or cancel the services if we don't receive an on time, full payment from you. Suspension or cancellation of the services for non-payment will result in a loss of access to and use of your account and its content.
To pay the charges for a service, you will be asked to provide a credit card as payment method at the time you sign up for that service. You agree to keep your billing account information current at all times.

LIABILITY LIMITATION.

We strive to keep the services up and running; however, all online services suffer occasional disruptions and outages, and SoftPlan Systems Inc is not  liable for any disruption or loss you may suffer as a result. You should regularly backup the content that you store on the services. Having a regular backup plan and following it can help you prevent loss of your content
 Placing a copy of your SoftPlan project on SoftPlan+ servers will increase the probability that lost or corrupted data can be  successfully recovered, however SoftPlan Systems Inc makes no guarantee or warranty that the system and service will avert, avoid or prevent the loss of data or information due to any combination of natural disasters or technological or human failures.
SoftPlan Systems Inc  shall not be liable for nonperformance, delay, errors, data loss, loss of profits, business interruption or any other commercial damages caused by any event .
In  the event the company should be found liable in any respect for loss, damage or injury due to a failure of the equipment, software or services provided under this agreement, it's liability shall be limited to $250.00, as the agreed upon liquidated damages and not as a penalty.

THIRD PARTY CLAIMS/INDEMNIFICATION.

SoftPlan Systems Inc shall not be liable for claims made against you arising out of your use of the programs, or the services, and you hereby indemnify, defend and hold SoftPlan Systems Inc and its members, employees, agents and affiliates, harmless from and against any and all claims, of every nature or type, that may be brought or asserted against you or any of your members, employees, agents or affiliates by any other party arising out of (i) your use of the programs or the services, (ii) your breach of its obligations, duties and responsibilities under this agreement, or (iii) any breach or default by you under any representations, warranties, guarantees, or other written or oral statements made by or on behalf of you or any person under your control
SOFTWARE AND UPDATES
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the SoftPlan trademarks, logos, domain names, or other brand features.

TERMINATION

You can stop using SoftPlan+ Services any time by notifying SoftPlan Systems Inc. If you choose to cancel the SoftPlan+ services your SoftPlan program will revert to the last fully paid program.
A program is considered fully paid if you either paid the full invoiced price, have paid all the installments when purchased on an installment plan, or if the amount you have paid in SoftPlan+ fees is equal to the upgrade purchase price.
Drawings you have updated with the SoftPlan+ version will not be compatible with your older program. If you wish to access these drawings you must purchase an upgrade to the current SoftPlan version
We reserve the right to suspend or end the Services at any time, with or without cause. We may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services.

THE "SERVICES" ARE AVAILABLE “AS-IS”

You expressly acknowledge and agree that use of the licensed application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. to the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application ("services") are provided "as is" and “as available”, with all faults and without warranty of any kind, and SoftPlan Systems Inc hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. SoftPlan Systems Inc does not warrant against interference with your enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that defects in the licensed application or services will be corrected. no oral or written information or advice given by SoftPlan Systems Inc or its authorized representative shall create a warranty. should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

GENERAL.

These Terms shall be governed and construed in accordance with the laws of the State of Tennessee without regard to conflicts of law provisions.
If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

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