CARIS Developer Website and Online Discussion Forum Disclaimer and Terms of Use

 

The CARIS Developer Website (the "Website") is designed to provide tools and support for developers. The CARIS Online Discussion Forum (the "Forum") and any services provided on the Forum are designed for CARIS users to discuss issues, receive advice, and share experiences with CARIS Software and the related subject matter areas. The Website, the Forum and the tools and services provided on the Website and Forum are hereinafter collectively referred to as the "Services".

The discussion content held in the Forum reflects the views of individual participants only and does not necessarily represent the views held by CARIS.

The Forum is not a replacement for the CARIS Helpdesk.

TThe following Developer Website and Forum Disclaimer and Terms of Use govern the Website located at developer.caris.com and the Forum presented on forums.caris.com. Please read this carefully before using the Services. By using or accessing the Services, you agree to become bound by all terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by you (the "Subscriber") under the following terms and conditions:

  1. Subscriber Contribution:
    • 1.1. All content contributed by a Subscriber to the Forum (the Subscriber Contribution) is perpetually and irrevocably licensed to CARIS under the Creative Commons Attribution Share Alike License. The Subscriber grants CARIS the perpetual and irrevocable right to use, copy, publish, display, distribute, adapt, modify, create derivative works, cache and store the Subscriber Contribution, in whole or in part, and to allow others to do the same, in any known or hereinafter developed medium, in order to provide the Services. Removal of the Subscriber Contribution from the forum by the Subscriber will not result in the revocation of the license and rights granted to CARIS.
    • 1.2. The Subscriber represents, warrants and covenants that the Subscriber has the right to grant CARIS and the Forum the rights set forth in clause 1.1.
    • 1.3. The Subscriber represents, warrants and covenants that his or her Subscriber Contribution will not:
      • 1.3.1. infringe, violate or otherwise interfere with any third party rights, including copyright, trademark, trade secrets or any other intellectual property rights;
      • 1.3.2. infringe third party privacy or publicity rights;
      • 1.3.3. be profane, libelous, defamatory, false, inappropriate, abusive, threatening, harassing, hateful, or offensive;
      • 1.3.4. encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise be in violation of any right of any third party or any local, state, national, or international law or regulation; or
      • 1.3.5. contain any malicious malware, including, but not limited to, viruses, trojan horses, worms, or time bomb that are designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
    • 1.4. Although CARIS has the right to remove any Subscriber Contribution, the Subscriber remains solely responsible for the content thereof and agrees to fully indemnify and hold CARIS, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless with respect to any claims contained in the Subscriber Contribution.
    • 1.5. CARIS reserves the following rights:
      • 1.5.1. the right to remove any Subscriber Contribution from the Forum;
      • 1.5.2. the right to edit any Subscriber Contribution to such extent as CARIS deems reasonable.
      • 1.5.3. the right to suspend or terminate the Subscriber’s right to use the Services at any time;
      • 1.5.4. the right to pursue any other remedy or relief available in equity or law, for any reason whatsoever, including concerns or complaints that the Subscriber has violated clauses 1.3.1 to 1.3.5;
      • 1.5.5. the right to re-post to the Forum any Subscriber Contribution removed by any Subscriber or former Subscriber;


  2. Inappropriate or Illegal Use
    • 2.1. The Subscriber is responsible for all of the Subscriber's activity in connection with the Services and accessing the Forum and the Website. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content by the Subscriber in violation of this Agreement may be grounds for termination of the Subscriber's right to the Services or to access the Forum and Website. The Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Network or Service user.
    • 2.2. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that is deemed by CARIS to be threatening or obscene), or engage in any kind of illegal activity, is expressly prohibited. Under no circumstances will the Subscriber use the Forum or Services to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Network or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Network, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material.


  3. Subscriber's responsibility
    • 3.1. It is the Subscriber's responsibility to exercise his or her judgment in evaluating or utilizing any information shared within the Forum. CARIS encourages the Subscriber to confirm the information shared in the Forum with other peer-reviewed sources before undertaking any action on it.
    • 3.2. Should the Subscriber post or otherwise use Subscriber Contribution outside of the Forum or Services, with the exception of content entirely created by the Subscriber, the Subscriber covenants that it will follow the rules of the Creative Commons Attribution Share Alike license as follows:
    • 3.3. The Subscriber will ensure that any such use of Subscriber Contribution visually displays or otherwise clearly indicates the source of the Subscriber Contribution as coming from the CARIS Online Discussion Forum.
    • 3.4. The Subscriber will ensure that any such use of any Subscriber Contribution on the internet includes a hyperlink directly to the original posting on the Forum.


  4. Disclaimers
    • 4.1. CARIS has no special relationship with the Subscriber and owes no fiduciary duty to the Subscriber. The Subscriber acknowledges that CARIS has no control over, and no duty to take any action regarding which users gains access to the Forum; what content the Subscriber accesses via the Forum; what effects the content may have on the Subscriber; how the Subscriber may interpret or use the content; or what actions the Subscriber may take as a result of having been exposed to the Content. Much of the content of the Forum is provided by and is the responsibility of the user or subscriber who posted the content. CARIS is not responsible for monitoring the content of the Forum and takes no responsibility for such content. The Subscriber releases CARIS from all liability for the Subscriber having acquired or not acquired content through the Forum. The Forum may contain, or direct the Subscriber to sites containing, information that some people may find offensive or inappropriate. CARIS makes no representations concerning any content contained in or accessed through the Forum, and CARIS explicitly abnegates all responsibility and liability for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Forum.
    • 4.2. Although CARIS will make reasonable efforts to store and preserve the material residing on the Forum, CARIS is not responsible or liable in any way for any failure to store, preserve or access the Subscriber Contribution or other materials that the Subscriber transmits or archives on the Forum. The Subscriber is strongly urged to take measures to preserve copies of any data, material, content or information that the Subscriber posts or uploads on the Forum.
    • 4.3. The Services, Content, and any software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. CARIS makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet the Subscriber's requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components.
    • 4.4. To the fullest extent allowed by law, CARIS disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or Services.
    • 4.5. By using the Forum and/or Website, the Subscriber acknowledges that CARIS is not responsible or liable for any harm resulting from
      • 4.5.1. use of the Forum and/or Website;
      • 4.5.2. downloading information contained on the Forum and/or Website, including but not limited to downloads of content posted by subscribers;
      • 4.5.3. unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers;
      • 4.5.4. the temporary or permanent inability to access or retrieve any Subscriber Contribution from the Network; or
      • 4.5.5. harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
    • 4.6. CARIS and the Forum will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
    • 4.7. Subscribers may gain access from the Forum to third party websites through hypertext or other computer links on the Forum. Third party sites are not within the supervision or control of CARIS or the Forum. Unless explicitly otherwise provided, neither CARIS nor the Forum make any representation or warranty whatsoever about any third party site that is linked to the Forum, or endorse the products or services offered on such site. CARIS and the Forum disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) the Subscriber might be requested to give any third party, and the Subscriber hereby irrevocably waive any claim against the Forum or CARIS with respect to such sites and third party content.


  5. Registration and Account Confidentiality
    • 5.1. The Subscriber may be required to register with CARIS to obtain access to the Services. The Subscriber is required to provide CARIS with accurate and complete registration information, and to ensure that the information is kept up-to-date. Failure to do so shall constitute a breach of this Agreement and may result in CARIS terminating the Subscriber's account.
    • 5.2. The Subscriber may not select or use as a profile name (a) a name of another person with the intent of impersonating that person; or (b) a name that is subject to any third party rights without having first obtained appropriate authorization.
    • 5.3. The Subscriber is solely responsible for maintaining the confidentiality of the Subscriber's password and for any use of, or action taken under, the password and accepts full responsibility for all activity conducted through the Subscriber's account. The Subscriber agrees to and hereby releases CARIS from any and all liability concerning such activity.
    • 5.4. The Subscriber agrees to notify CARIS immediately of any actual or suspected loss, theft, or unauthorized use of the Subscriber's account or password.
    • 5.5. CARIS reserves the right to refuse registration of, or cancel a profile name in its discretion.


  6. Limitation of Liability
    • 6.1. In no event shall CARIS, its directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the Services for any of the following:
      • 6.1.1. direct, indirect, incidental, punitive, or consequential loss (including, without limitation, pure economic loss, loss of use, loss profits, loss of business, loss of data, loss of images depletion of good will and like loss);
      • 6.1.2. damages or loss related to unauthorized use of the Services;
      • 6.1.3. damages or loss related to the non-performance of the Services;
      • 6.1.4. damages or loss related to errors or omissions; or
      • 6.1.5. damages or loss related to downloading or posting content.
    • 6.2. The Subscriber shall fully indemnify, keep indemnified and hold CARIS, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, from and against the following:
      • 6.2.1. all costs, including the costs of enforcement;
      • 6.2.2. any claim or demand made by any third party due to or arising out of the Subscriber's use of the Services;
      • 6.2.3. any claim or demand made by any third party due to or arising out of the violation of this Agreement by the Subscriber;
      • 6.2.4. any claim or demand made by any third party due to or arising out of an infringement by the Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.


  7. Legal Construction
    • 7.1. The Subscriber has read and understands this Agreement and agrees that it constitutes the complete and exclusive statement of the agreement between the Subscriber and CARIS with respect to the subject matter hereof which supersedes all proposals, representations, understandings and prior agreements whether oral or written, and all other communications between the Subscriber and CARIS relating thereto.
    • 7.2. Clause headings are inserted for convenience of reference only and shall not affect the interpretation of this Agreement.
    • 7.3. If the scope of any of the provisions of this Agreement is too broad in any respect to permit enforcement to its full extent, or if a court finds any provision of this Agreement invalid or unenforceable, then the Subscriber and CARIS agree that such provision shall be enforced to the maximum extent permitted by law and that such provisions shall be deemed to be varied accordingly. Any such variation shall not affect the validity and enforceability of the remainder of Agreement.


  8. Waiver
    • 8.1. No delay or failure of either party in enforcing against the other party any term or condition of this Agreement, and no partial exercise by either Party of any right hereunder, shall be deemed to be a waiver of any right of that Party under this Agreement.


  9. Force Majeure
    • 9.1. CARIS shall not be liable for any delay in meeting, or for failure to meet, any of its obligations under this Agreement due to any cause outside its reasonable control, including, without limitation, strikes, lock-outs, acts of God, war, riot, malicious acts of damage, fire, acts of any government authority, failure of the public electricity supply, or mechanical, electronic or communications failure or degradation.


  10. 10. Notices and Other Communications
    • 10.1. Any notice to CARIS or the Forum that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to info@caris.com or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid


  11. APPLICABLE LAW AND JURISDICTION
    • 11.1. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick, Canada, without regard to the conflict of laws principles that would apply the laws of another jurisdiction. Unless otherwise agreed, all disputes arising out of or in connection with this Agreement shall be adjudicated by the Court of competent jurisdiction in New Brunswick.


  12. Entire Agreement
    • 12.1. This Agreement, as modified from time to time, sets forth co the entire agreement and understanding between the Subscriber and CARIS as to the subject matter hereto.
    • 12.2. Nothing in this Agreement shall be deemed to constitute, create, give effect to, or otherwise recognize a joint venture, partnership, pooling arrangement, employment relationship, formal business entity, or any type of permanent arrangement and the Subscriber does not have any authority of any kind to bind CARIS in any respect whatsoever.


  13. Miscellaneous
    • 13.1. This Agreement is not assignable, transferable or sublicensable by the Subscriber except with CARIS prior written consent. CARIS may assign this Agreement in whole or in part at any time without the Subscriber’s consent.


  14. Feedback and Questions
    • 14.1. The Subscriber can use the feedback link on CARIS’ website to send us comments and/or criticisms regarding content posted and we welcome any feedback related to the content and administration of the Forum. However, CARIS reserves the right to make final decisions on all content posted.
    • 14.2. If you have questions or concerns about the above stated Disclaimer and Terms of Use of the Forum, please send us an email at info@caris.com.