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eXpressTransit Website Terms of Use


1. INTRODUCTION

PLEASE READ THESE WEBSITE TERMS OF USE AND PRIVACY STATEMENT CAREFULLY BEFORE USING ANY PENTIRA, LLC WEBSITE (THE "WEBSITE"). 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 OR THE ORGANIZATION YOU REPRESENT ("YOU" OR "YOUR") INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

2. SCOPE

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 agreement.

Note that Pentira, LLC Software Products are governed solely by the License agreements (the "EULA") under which they are sold or licensed. Always check the Pentira, LLC Software EULA to make certain that neither You nor Your software application, infringe the intellectual property rights of Pentira, LLC or others.

Pentira, LLC reserves the right to modify and update its Privacy Statement and Website Terms of Use as needs dictate and as legal requirements are updated. If and when a change is made to our Privacy Statement or Website Terms of Use, this page will be duly updated to reflect the change. Your continued use of the Website after any changes to these Privacy Statements/Terms of Use will mean that You accept those changes.

3. PRIVACY STATEMENT

Pentira, LLC Respects Your Privacy

All Information Pentira, LLC collects from You are stored and maintained on secured servers. Pentira, LLC does not lend, lease, sell, or market information it obtains from its customers or those who provide us personally identifiable information. Pentira, LLC does not disclose purchase information or licensing information to third parties.

If You Purchase or License a Pentira, LLC Product

Pentira, LLC collects personally identifiable information whenever You purchase/license a Pentira, LLC product. Information includes Name, Address, Phone Number, Email address, Payment Information, Product Purchases, Licenses Owned, Employee/Contact Details, etc. The information we collect allows Pentira, LLC to communicate with You regarding upcoming product updates, new product releases, company news and other important business matters. To help prevent software piracy, Pentira, LLC also collects information on the number of installations of a given product You've purchased via our product licensing mechanisms. At any time, You can contact us at clientservices@expresstransit.net or by phone in the United States at +1 (608) 846-7621 and remove Your name from any mailing list. By doing so, You will not be contacted by Pentira, LLC at any time in the future.

Cookies

Pentira, LLC may use cookies for technical purposes so as to improve the Website experience or to make use of persistent cookies to remember You between visits to the Website or store Your product installation preferences. You can disable Cookies by modifying the appropriate settings within Your web browser. If You do not wish to store personally identifiable information in Cookies and do not make the appropriate selections within Your web browser, do not use this Website.

4. LEGAL, COPYRIGHT, and TRADEMARK INFORMATION

All intellectual property rights associated with the Website and its Contents are the sole property of Pentira, LLC. The Content is protected by US and International copyright laws. All Pentira, LLC Service Marks so designated and all Pentira, LLC Products referenced on the Website are either trademarks or registered trademarks of Pentira, LLC. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress of Pentira, LLC and may not be used in any manner without the express written consent of Pentira, LLC.

Pentira, 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.

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.

Except for the rights of use and other rights expressly granted by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any manner without the prior written consent of Pentira, LLC.

Pentira, 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 Pentira, 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 Pentira, 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 Pentira, LLC.

5. YOUR SUBMISSIONS

Pentira, LLC does not wish to receive, act to procure, nor desire to 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 Pentira, LLC in any manner will be deemed NOT to be confidential by Pentira, LLC. You acknowledge that submissions to Pentira, LLC will not be considered confidential or proprietary and that Pentira, LLC will be under no obligation to keep such information confidential. You further acknowledge that Pentira, LLC will have an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such materials or information, and You also agree Pentira, LLC is free to use any ideas, concepts, know-how or techniques that You send to us for any purpose.

6. THIRD-PARTY SUBMITTED CONTENT AND SUPPORT

The Website provides You the opportunity to provide and receive technical support assistance with third parties (the Pentira, LLC End-User Community) via online forums, chats and the Support Center. Pentira, LLC makes no representations or warranties regarding the validity or quality of the technical support assistance You obtain from third-parties on the Website. You agree that use of third-party technical support assistance is done so at Your own risk.

7. OUTBOUND LINKS

The Website may contain links and references to non-Pentira, 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 Pentira, LLC. Pentira, 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.

8. TERMINATION

Pentira, LLC, at its sole discretion, may 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.

9. DISCLAIMER OF WARRANTIES

THE CONTENT PROVIDED ON THE WEBSITE AND ALL RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS" BASIS AND ARE FOR INFORMATION PURPOSES ONLY. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Content, including but not limited to localization tools, provided on the Website may contain technical inaccuracies or typographical errors. Content, including but not limited to pricing, subscription terms may be changed or updated without notice. Pentira, LLC may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

10. LIMITATION OF LIABILITY

To the extent permitted by applicable law, in no event shall Pentira, 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 Pentira, 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 PENTIRA, LLC'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL PENTIRA'S LIABILITY EXCEED THE PRICE PAID TO PENTIRA, LLC FOR THE SERVICES RENDERED VIA THE WEBSITE.

11. INDEMNIFICATION

You agree to indemnify and hold harmless Pentira, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the Website, including but not limited to Your violation of this Agreement.

12. EXPORT RESTRICTIONS

Pentira, LLC expressly complies with all export restrictions imposed by the government of the United States of America. You must agree not to export or re-export applicable Content available within this Website to any country, person, entity or end user subject to United States export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied Your export privileges.

13. MISCELLANEOUS

The Website Terms of Use shall be construed, interpreted and governed by the laws of the State of Wisconsin, U.S.A. The Website Terms of Use gives You specific legal rights; You may have others that vary from state to state and from country to country.

Pentira, LLC reserves all rights not specifically granted in the Website Terms of Use.

Should You have any questions concerning this EULA, or if You desire to contact Pentira, LLC for any reason, please contact us directly in the United States at +1 (608) 846-7621, or write: Pentira, LLC Legal Department / 508 Riverside Drive, DeForest WI 53532.

14. COPYRIGHT NOTICE

Copyright © 2007 – 2014 Pentira, LLC All rights reserved.

15. TRADEMARKS

eXpressTransit are registered trademarks of Pentira, LLC.

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.

Linux® is the registered trademark of Linus Torvalds in the U.S. and other countries.

All other trademarks or registered trademarks are property of their respective owners.