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Terms of Use

Last updated: April 30, 2007

Introduction:
By visiting ApplicationAspect.com you agree to abide by the Terms of Use described below. We have created these rules and guidelines to protect you and to ensure that Application Aspect's website is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use this site. Copyright © 2006-2007 Application Aspect. All other rights reserved.

Legal Notice and Disclaimer:
Application Aspect obtains all information, downloadable files and software contained herein from sources believed by Application Aspect to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, Application Aspect shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the Application Aspect website. Application Aspect makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the Application Aspect website. Information and software may be changed at any time without notice of any kind. The information and software on this site are provided "as is" without expressed or implied warranties of any kind. Application Aspect expressly disclaims all warranties with regard to the information and/or software, including but not limited to all implied warranties of merchantability and fitness for a particular purpose. In no event shall Application Aspect be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on Application Aspect's website.

Links to Third Party Sites:
The links to third parties contained within this website will allow you to leave Application Aspect’s site. The sites that are linked to Application Aspect’s site are not under the control of Application Aspect. Application Aspect is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. Application Aspect provides these links only as a convenience to you, the user of the website; and the inclusion of any link does not imply endorsement by Application Aspect of the linked site.

Any rights not expressly granted by Application Aspect herein are expressly reserved.

Application Aspect Website Terms of Use

1. Acceptance of Terms of Use

www.ApplicationAspect.com:
The access to Application Aspect’s site is provided free of charge to you by Application Aspect ("Application Aspect ") under these Terms of Use. Although portions of Application Aspect’s site may be viewed simply by visiting the site, in order to access member area and/or receive additional services from Application Aspect you may need to register as a member of Application Aspect’s site. If you register as a member of Application Aspect’s site community, these Terms of Use will govern your use of Application Aspect’s site, including access to technical support and other features.

BY SIGNING ON TO APPLICATION ASPECT’S SITE AND/OR BY COMPLETING THE REGISTRATION PROCESS AND/OR BY SELECTING THE "BUY NOW" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.

These Terms of Use govern your use of Application Aspect’s site and all services provided in connection with Application Aspect’s site. Application Aspect shall not be liable to you for any breach of these Terms of Use. In addition, Application Aspect does not bear any fiduciary responsibility to any user of this website. If you do not agree to these Terms of Use, please do not enter or register at Application Aspect’s site. The Terms of Use for your continued use of Application Aspect’s site will be posted on the site. Please check this area before using Application Aspect’s site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur from time to time, please arrange to terminate your registration with Application Aspect’s site immediately (i) by notifying Application Aspect of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Application Aspect’s site. Your continued use of Application Aspect’s site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.

From time to time Application Aspect may supplement these Terms of Use with additional Terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on Application Aspect’s site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

2. Registration Information/Privacy Policy

Collection of Personal Information
When you engage in certain activities on this site, Application Aspect may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Application Aspect may require that you provide certain personal information, such as your name, mailing address, e-mail address, and other personal identifying information. Your personal information will not be leased, sold, rented or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. Occasionally, Application Aspect allows access to database information to bonded mailing houses only for the purpose of allowing for the printing of mailing labels that are used for Application Aspect's own direct mail and promotional purposes. In those instances, the third party is bound by these terms.

Application Aspect collects this information in order to record and support your participation in the activities you select. If you order a product, for example, the information is used to register your license and rights, if any, to upgrade discounts, technical support, or other benefits that may be made available to registered users. Application Aspect also uses information that you provide as part of our effort to keep you informed about product upgrades, special offers, and other Application Aspect products and services.
Your personally identifying information will not be used by Application Aspect for editorial purposes unless you first agree in writing. Application Aspect may also use such information for Application Aspect promotional and marketing purposes. Application Aspect respects your privacy.

Use of Cookies
When you visit ApplicationAspect.com, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, which allows you to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.)

While Application Aspect uses cookies to track your visit to ApplicationAspect.com, and our Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Application Aspect with personal information.

Please note that Application Aspect is not responsible for the content or privacy practices of third party Web sites to which ApplicationAspect.com may link.

Users may contact us with any further questions.

Application Aspect Contact Information:
Attn: Raverus d.o.o., Application Aspect
Frana Bosnjakovica 4
Zagreb, 10000-HR
Croatia

3. Modifications of these Terms of Use
Application Aspect may modify these Terms of Use from time to time at its sole discretion. Each time you log on to Application Aspect’s site, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with Application Aspect’s site immediately (i) by notifying Application Aspect of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Application Aspect’s site.

4. Modifications of the Application Aspect Site
Application Aspect may modify or discontinue Application Aspect’s site with or without notice to you and without liability to you or to any third party.

5. Content of Messages
You agree not to use Application Aspect’s site to send or post on Application Aspect’s site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Application Aspect reserves the right to delete any such material from Application Aspect’s site. Application Aspect will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this section.

You agree not to post or use Application Aspect’s site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) Application Aspect permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to Application Aspect’s site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to the Rights. The burden of determining that Rights do not protect any information, software, images or any other content on Application Aspect’s site rests with you. You acknowledge that Application Aspect may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

6. Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected when and where discovered, and Application Aspect reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Application Aspect will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

7. Third Party Services
Special routing icons may be included within Application Aspect’s site, the activation of which will allow you to access and learn more about Application Aspect and other services provided by Application Aspect or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.

8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF APPLICATION ASPECT’S SITE IS AT YOUR SOLE RISK. APPLICATION ASPECT’S SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLICATION ASPECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICATION ASPECT MAKES NO WARRANTY THAT APPLICATION ASPECT’S SITE WILL MEET YOUR REQUIREMENTS, OR THAT APPLICATION ASPECT’S SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES APPLICATION ASPECT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF APPLICATION ASPECT’S SITE. APPLICATION ASPECT WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF APPLICATION ASPECT’S SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF APPLICATION ASPECT’S SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT APPLICATION ASPECT DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH APPLICATION ASPECT’S SITE. APPLICATION ASPECT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER APPLIACTION ASPECT NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN APPLICATION ASPECT’S SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. APPLICATION ASPECT ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.

APPLICATION ASPECT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN APPLICATION ASPECT’S SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPLICATION ASPECT OR THROUGH APPLICATION ASPECT’S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

APPLICATION ASPECT MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH APPLICATION ASPECT’S SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH APPLICATION ASPECT’S SITE.

APPLICATION ASPECT IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT RESIDE OR IS POSTED OUTSIDE APPLICATION ASPECT’S SITE. AS A CONVENIENCE TO APPLICATION ASPECT’S USERS, APPLICATION ASPECT MAY PROVIDE LINKS TO THIRD PARTY SITES AND TO RESOURCES THAT ARE BEYOND APPLICATION ASPECT’S CONTROL. APPLICATION ASPECT MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH APPLICATION ASPECT MAY PROVIDE LINKS AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST APPLICATION ASPECT WITH RESPECT TO SUCH SITES.

9. Limitation of Liability
APPLICATION ASPECT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE APPLICATION ASPECT’S SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH APPLICATION ASPECT’S SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF APPLICATION ASPECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Promotional Messages
Application Aspect may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Application Aspect makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from Application Aspect, and you agree that Application Aspect shall not have any liability with respect thereto.

11. Indemnification
You agree to indemnify and hold each officer and/or employee of Application Aspect, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Application Aspect’s site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

12. Remedies for Breach of these Terms by You
In the event that Application Aspect determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of Application Aspect’s site, Application Aspect reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to Application Aspect’s site, (iii) delete all content provided by you to Application Aspect’s site, (iv) discontinue your registration with Application Aspect’s site and/or any other Application Aspect community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action that Application Aspect deems appropriate.

13. Miscellaneous
In the event that any provision of the Terms of Use conflicts with the local and/or international law or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Application Aspect may assign, without notice, its rights and obligations under these Terms of Use and upon such assignment Application Aspect may be relieved of any further obligation hereunder.

You represent to Application Aspect that you have the authority to register with Application Aspect’s site according to these Terms of Use.

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on Application Aspect’s site by Application Aspect) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Application Aspect, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

 
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