BY CLICKING ON THE “I AGREE” BUTTON BELOW, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE DKSYSTEMS CUSTOMER CARE WEB SITE TERMS OF USE STATEMENT AND PRIVACY STATEMENT SET FORTH HEREIN AS IF YOU HAD PROVIDED A SIGNATURE.  IF YOU CHOOSE NOT TO ACCEPT THIS AGREEMENT, CLICK THE “I DISAGREE” BUTTON BELOW, IN WHICH CASE YOU MAY NOT ACCESS THE DKSYSTEMS CUSTOMER CARE WEB SITE OR ITS CONTENT.

This statement pertains specifically to your access and use of the Customer Care section of the DKSystems corporate Web site.  This statement supplements the Terms of Access statement that applies to our corporate Web site which may be found at

 http://www.dksystems.com/copyright.html

This statement was last updated on March 3, 2003.

 

Terms of Use

ACCEPTANCE OF TERMS
The Customer Care Web site requires prior registration and agreement by you to the following Terms of Use.   DKSystems may, at any time and in its sole discretion, modify these Terms of Use for any reason and without any prior notice.  Your continued use of this Web site will be conditioned upon the Terms and Conditions under which this Web site is offered at the time of your use. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Customer Care Web site home page.

DESCRIPTION OF CUSTOMER CARE DELIVERABLES
DKSystems has designed this Customer Care Web site to provide its customers with convenient access to a variety of resources that enhance the use and operation of the DKSystems products licensed by our customers.  These resources include access to the DKSystems customer support help desk system, product download areas, communication forums and product information (collectively "Customer Care Deliverables"). Your access and use of these Customer Care Deliverables are subject to these Terms of Use.

AUTHORIZED USE OF THIS WEB SITE AREA
As a licensed customer of DKSystems, you are authorized to access this Customer Care Web site and utilize the Customer Care Deliverables applicable to and in a manner consistent with your license and contractual status with DKSystems.  This site and all Content available via this site are the copyrighted property of DKSystems, and/or its various third party providers.  Third party providers may own portions of the material found on this site and such material is the copyrighted work of the respective third party provider.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Customer Care Web site without the prior written consent of DKSystems.   In addition, the trademarks, logos and service marks displayed on this site are registered and/or common law trademarks of DKSystems, its affiliates, and/or various third parties.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Customer Care Web site ("Software") is owned by DKSystems and/or its licensors. If the Software is a DKSystems product, your use of the Software is governed by the terms and conditions of the license agreement in effect between your organization and DKSystems (the “License Agreement”).  If the Software is a third party product, your use of the Software is governed by the terms and conditions of the license agreement in effect between the third party software owner and your organization.

The Software is made available for download solely for use by authorized licensees as defined in the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited. 

For your convenience, DKSystems may make available as part of the Customer Care Deliverables the ability for you to download evaluation copies of third party software products provided by DKSystems alliance partners.  Your use of such evaluation copies will be governed by the evaluation software license agreement included with evaluation software or as otherwise communicated in the software download process.  DKSystems is not responsible for these third party software products and does not make any assurances with regard to the accuracy of the results or output that you derive from the use of these third party software products.

If your organization is a United States government entity, the following statement applies to your download of DKSystems Software from this Customer Care Web site:

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this Customer Care Web site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is DKSystems Incorporated, 444 N. Michigan Avenue, Suite 3300, Chicago, Illinois 60611.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to download and use documents (such as white papers, product technical descriptions, datasheets and FAQs) from this Customer Care Web site is granted to you, provided that (1) all copyright notices which appear in the documents are completely retained on all copies downloaded and made by you, (2) use of these documents is for informational and non-commercial or personal use only in conjunction with your use and operation of the Software, and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use of these documents for any other purpose is expressly prohibited.

THE DKSYSTEMS CUSTOMER CARE WEB SITE, THE SITE CONTENT (INCLUDING ALL DOCUMENTS), AND THE PRODUCTS AND SERVICES DESCRIBED ON OR PROVIDED THROUGH THE DKSYSTEMS CUSTOMER CARE WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  DKSYSTEMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON ITS WEB SITE. Certain data or information presented in or through this site MAY BE provided by sources believed to be reliable.  However, DKSYSTEMS DOES NOT ALWAYS HAVE A role in the production or review of SUCH information and makes no warranty, either expressed or implied, as to its contents, accuracy or performance.  DKSYSTEMS shall not be responsible for any loss due to inaccuracies in such third party information provided.  documents could include technical inaccuracies or typographical errors.  Changes are periodically added to the information herein. DKSystems and its partners may make improvements and/or changes in these documents and/or the Software described in these documents at any time. 

DKSYSTEMS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL DKSYSTEMS OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY PORTION OF THE DKSYSTEMS CUSTOMER CARE WEB SITE, ANY SITE CONTENT, ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE DKSYSTEMS WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES, WHETHER OR NOT THERE IS NEGLIGENCE BY DKSYSTEMS AND WHETHER OR NOT DKSYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions.

AUTHORIZED USER ACCOUNT, PASSWORD, AND SECURITY
In order to access the Customer Care Deliverables on this Customer Care Web site, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will be assigned a user name and a password by DKSystems that will be required each time you log on to this Customer Care Web site. 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. You agree to notify DKSystems immediately if you become aware of any unauthorized access or use of your account or any other breach of security. DKSystems will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account on this Customer Care Web site at any time, without the permission of the registered account holder.

ACCESS AND PARTICIPATION IN THE COMMUNITY FORUM AREA OF THIS CUSTOMER CARE WEB SITE
This Customer Care Web site includes a community forum area designated as the Power User Group Community Forum, that incorporates e-mail services, bulletin board services, chat areas, news groups, forums and/or other message or communication facilities designed to enable you to communicate with other Power User Group Community Forum participants and with DKSystems.  Access to this Community Forum area requires a separate registration by you and requires you to read and accept specific rules and policies applicable to your access and participation in this Community Forum area.

SUBMISSIONS

"Submissions" means all comments, feedback, suggestions, photos, surveys, reports, e-mail and other information or materials that you submit to DKSystems. Submissions will not be confidential and will become the property of DKSystems upon submission to us. By providing any such Submissions, you agree to assign to DKSystems, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to us will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not DKSystems, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. DKSystems does not prescreen or monitor any Submissions as a matter of policy. 

TERMINATION
This Agreement may be terminated by you at any time by discontinuing use of the DKSystems Customer Care Web site. This Agreement may be suspended or terminated by DKSystems (i) automatically upon any violation of this Agreement, with or without prior notice to you at DKSystems' sole discretion; (ii) upon termination of your DKSystems maintenance support contract; (iii) upon termination of your trial subscription to the site; or (iv) at any time, for any reason, or no reason at all, with or without prior notice to you. Upon any termination by DKSystems, you agree to discontinue any efforts to access this site.

INDEMNIFICATION
You shall defend and indemnify DKSystems and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this Web site.

INFORMATION PROVIDED TO DKSYSTEMS VIA THIS CUSTOMER CARE WEB SITE
You may provide specific information about your product installation to DKSystems through the Customer Support facility provided on this Customer Care Web site.  DKSystems will use this information solely to conduct appropriate product error resolution activities in accordance with your organization’s maintenance support contract with DKSystems.

LINKS
Links in this Customer Care Web site may be incorporated by DKSystems that allow you to leave this Customer Care site to visit other Web sites that may be of relevance or interest to the topic you are reviewing.  You acknowledge that linked sites are not under the control of DKSystems and DKSystems is not responsible for the contents or privacy policies of any linked site or any link contained in a linked site, or any changes or updates to such sites. DKSystems provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DKSystems of the linked site or any information contained in a linked site.

Linking to this Web site (other than to the home page www.dksystems.com) without the express written permission of DKSystems is strictly prohibited.  DKSystems reserves the right to cancel and revoke any permission it may give to link to the home page at any time, for any reason, without any prior notice, and without any liability to you or any other person.  You are expressly prohibited from creating a link to this site that bypasses any password-protected or security function of the Customer Care Web site.  Framing, mirroring, scraping or data mining any content on this Web Site in any form and by any method is strictly prohibited.

CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the copyrights of others.  If you believe that your copyright is being infringed on the site, please notify our Agent Designated to Receive Notification of Copyright Infringement. To be effective, such notification must be in writing and must include:

•            The name, address, and physical or electronic signature of the complaining party

•            The name or other identifying information that identifies the copyrighted work

•            The nature of the alleged infringement

•           The location (web address or URL) where the infringement is alleged to have occurred

•           A statement by the owner of the copyright that it has a good faith belief that there is no legal basis for the use of materials complained of

•           A statement that the notification is accurate and that the complaining party is or is authorized to act on behalf of the copyright owner

 

The Agent Designated to Receive Notification is    (NAME)       . Notification of Copyright Infringement may be delivered to:

 

 

NAME

DKSystems Incorporated
444 North Michigan Avenue
Suite 3300
Chicago, Illinois 60611 USA

 

Phone: 312.644.2700
Fax: 312.644.2703

 

E-mail:             ccrequests@dksystems.com

RELATIONSHIP
Your use of this Site is independent of DKSystems and not as an employee, agent, partner, or joint venturer with DKSystems for any purpose.

GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the state of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Cook County, the state of Illinois, United States of America, in all questions and controversies arising out of your use of this Web site and this Agreement.

ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

SEVERABILITY
These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

HEADINGS
The headings used in these Terms of Use are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

ENTIRE AGREEMENT
These Terms of Use, together with those incorporated herein or referred to herein constitute the entire Agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

QUESTIONS ABOUT THESE TERMS OF USE
If you have any questions about these Terms of Use or wish to report an unauthorized use of your account password, please contact DKSystems at ccrequests@dksystems.com.