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R-Tag Software LLC Terms of Use

This document describes terms of use for the R-tag.com website.
For terms of service of R-Tag Software LLC products, see our EULA.

1- Introduction
THESE WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND PRIVACY STATEMENT SET FORTH BELOW, DO NOT USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE BUSINESS ENTITY/ORGANIZATION YOU REPRESENT ("YOU" OR "YOUR") INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
The Website Terms of Use govern your use of the Website and all applications, content, software, online localization and services (collectively, "Content") available via the Website, except to the extent such Content is the subject of a separate fully executed agreement.
Note that R-Tag Software LLC Software Products are governed solely by R-Tag Software LLC End User License Agreements (the "EULA") under which they are sold or licensed. Confirm that neither you not your software application, infringe the intellectual property right of R-Tag Software LLC or others.
Personal data collected when you access and use the Site will be processed by R-Tag Software LLC in accordance with the R-Tag Software LLC Privacy Policy. For more information on the types of personal data collected on the site, how we handle your personal data and other related topics, please see the R-Tag Software LLC Privacy Policy.
2- Your use of the website
You will not use the Website in a way that violates any laws or these terms, infringes anyone's rights (including but not limited to intellectual property rights), is offensive, or interferes with the Website or its features.
3- Your Submissions
R-Tag Software LLC does not wish to receive, procure, nor solicit, confidential or proprietary materials and information from you through the Website. Any and all materials or information divulged during chats, online discussions, Support Center submissions, or made available to R-Tag Software LLC in any manner will be deemed NOT to be confidential by R-Tag Software LLC. You acknowledge that submissions to R-Tag Software LLC will not be considered confidential or proprietary and that R-Tag Software LLC will be under no obligation to keep such information confidential. You further acknowledge that R-Tag Software LLC will have an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such materials or information, and you also agree R-Tag Software LLC is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. This includes any submissions, changes, updates or corrections.
By submitting ideas, suggestions, documents, requests, recommendations, corrections, proposals or other feedback ("Contributions") to R-Tag Software LLC or its affiliates, you grant to R-Tag Software and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose and make and incorporate into any of its software, services or offerings any Contributions. Further, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) neither R-Tag Software LLC nor any of its affiliates are under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) R-Tag Software LLC and its affiliates shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide without any payment, attribution or other obligation; (d) R-Tag Software LLC or its affiliates may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from R-Tag Software LLC or any of its affiliates under any circumstances.
4- Outbound links
The Website may provide links and references to non- R-Tag Software LLC Websites and resources ("External Sites"). Links to External Sites are provided for informational purposes and in no way represent an endorsement or approval by R-Tag Software LLC. R-Tag Software LLC makes no representations or warranties regarding the validity or quality of any content, software, or service hosted on any External Site. You agree that use of External Sites is done so at your own risk and subject to any applicable third-party terms.
By using the website, you acknowledge and agree that R-Tag Software LLC is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources. Your correspondence or business dealings with, or participation in promotions of, any websites that You find or link to through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such websites. You agree that R-Tag Software LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such websites on the Service.
5- Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING ANY PRODUCTS, SERVICES, INFORMATION, DATA, CONTENT OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE WEBSITE, IS AT YOUR SOLE RISK, THE WEBSITE, INCLUDING ANY PRODUCTS, SERVICES, INFORMATION, DATA, CONTENT OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE WEBSITE, IS PROVIDED ON AN "AS IS" BASIS AND R-TAG SOFTWARE LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; YOU UNDERSTAND AND AGREE THAT R-TAG SOFTWARE LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND THAT THE QUALITY OF ANY PRODUCTS, SERVICES, DATA, CONTENT, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL AS WELL AS NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM R-TAG SOFTWARE LLC OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MINIMUM PERIOD ALLOWED BY LAW. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU ARE RESIDENT IN SUCH A JURISDICTION, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.
R-Tag Software LLC may change or discontinue part or all of the website or any Content at any time.
6- Limitation of Liability and indemnification
Except as expressly provided otherwise in a signed agreement between you and R-Tag Software LLC, in no event shall R-Tag Software LLC be liable for any special, incidental, indirect, or punitive and consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Website and associated Content, even if R-Tag Software LLC has been advised of the possibility of such damages. You understand that the Content made available on the Website may produce inaccurate results. You assume full and sole responsibility for any use of the Website and its Content and bear the entire risk for failures or faults. You agree that regardless of the cause of failure or fault or the form of any claim, your sole remedy and R-Tag Software LLC's sole obligation shall be governed by this agreement and in no event shall R-Tag Software LLC's liability exceed the price paid to R-Tag Software LLC for the products and/or services provided via the website.
You agree to indemnify and hold R-Tag Software LLC and its contractors, licensors, subsidiaries, affiliates, officers, agents, employees and partners harmless from and against any and all claims, demands and expenses, including attorneys' fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of the Terms of Use, your violation of any third party's rights; or your use or involvement with a contract for hire engagement.
7- Trademarks
All intellectual property rights associated with the Website and its Contents are the sole property of R-Tag Software LLC. The Content is protected by US and International copyright laws.
Certain areas of the Website may contain other proprietary notices, conditions of use, and copyright information, the terms of which must be observed and followed.
R-Tag Software LLC. grants you a limited, personal, nontransferable, revocable license which cannot be sub-licensed to access and use the Website and its Content only in a manner expressly authorized by R-Tag Software LLC and the Website Terms of Use. Except to the extent required by law, the Content made available on the Website may not be reverse-engineered, modified, reproduced, republished, translated into any language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of R-Tag Software LLC. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by R-Tag Software LLC.
R-Tag Software LLC has made every effort to supply third-party trademark information on the Website. All third-party trademarks represented on this web site may be the property of their respective owners.
Microsoft, Windows, Windows NT, Visual Studio, Visual Basic, Visual C++, Access, Outlook, Word, Excel, FoxPro, Visual InterDev are trademarks or registered trademarks of Microsoft Corporation.
Apple, iPhone, and iPad are trademarks or registered trademarks of Apple Inc.
Google and Android are trademarks or registered trademarks of Google Inc.
Borland, Delphi, C++Builder, RAD Studio, Embarcadero are trademarks or registered trademarks of Embarcadero Technologies Inc.
Linux is the registered trademark of Linus Torvalds in the U.S. and other countries.
Crystal Reports is a trademark of Business Objects, an SAP company.
All other trademarks or registered trademarks are property of their respective owners.
8- Export control
By accessing any software or technology available via this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed exports of goods, services, or technology. You acknowledge that you understand the software and technology may be subject to the U.S. Export Administration Regulations (the "EAR") and other U.S. and foreign laws and may not be exported, re-exported or transferred to any prohibited destination, to any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government, or for any end-use prohibited in accordance with Part 744 of the EAR.
9- Modification to service and Termination
By accessing or logging into the Website, you agree to these terms. R-Tag Software LLC reserves the right to make changes and revisions of its Privacy Policy and Website Terms of Use at our sole discretion at any time. Your continued use of the Website after any such revisions have been published constitutes your agreement to the revised terms. If you do not agree to these terms, your sole remedy is not to use the Website.
R-Tag Software LLC reserves the right at any time to modify or discontinue temporarily or permanently the Website with or without notice. You agree that R-Tag Software LLC shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
R-Tag Software LLC, at its sole discretion and without prior notice, may make changes to all content, including but not limited to products, pricing and subscription terms, as well as, may without notice terminate your access and use of all or any portion of the Website and its Content at any time, with or without cause. Upon such termination, you must immediately discontinue use of the Website.
10- Waiver and Severability
The Terms of Use constitute the entire agreement between You and R-Tag Software LLC and govern Your use of the Website, superseding any prior agreements between You and R-Tag Software LLC; provided, however, that these Terms may be supplemented or replaced by, and shall not supersede, any terms entered into between You and R-Tag Software LLC specifically applicable to any paid service offered by R-Tag Software LLC. You also may be subject to additional terms and conditions that may apply when You use third party software.
The failure of R-Tag Software LLC to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision. If any provision of these terms is held to be unenforceable, that provision will be modified so as to be enforceable, or if such modification is not possible, will be removed and the remaining provisions will remain in full force.
11 - Jurisdiction
The Website Terms of Use and the relationship between You and R-Tag Software LLC shall be governed by the laws of the State of California, U.S.A. You and R-Tag Software LLC agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the state of California. The term of use gives you specific legal rights; you may have others that vary from state to state and form county to county. R-Tag Software LLC reserves all rights not specifically granted in the Website Terms of Use.
12 - Miscellaneous incl feedback
If You have any questions or comments about the Website or these Terms or Use, or have anything else to communicate to us (feedback, requests for support, etc.) you may contact our customer service department at support@r-tag.com.