Terms of Use

General

Transware plc and its subsidiaries and associated companies (collectively “Transware”) provide you with access to this website and the services and information available on this website, or other websites as indicated below, (the “Services”). Access to and use of the Services is governed by these Terms of Use (the “Agreement”). By accessing or using the Services, you indicate your agreement to be bound by this Agreement, and your acknowledgment of and agreement to its terms.

Services

The Services may include services or information located on third party websites controlled by such third parties. In such instance the Services may include content not generated or controlled by Transware. Transware does not control the quality, safety, truth, accuracy or legality of any part of the Services located on third party websites nor does it control the availability or technical capabilities of such websites. Transware is not liable or responsible for services or information provided as part of the Services, or for actions you might take in reliance on such services or information. You agree to release and hereby release Transware, its officers, agents, subsidiaries, affiliates, employees, successors, assigns and contractors from all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with services or information provided as part of the Services.

Only Personal Use is Authorized

Under this Agreement, Transware gives you limited permission to access and use the Services only for your personal, non-commercial use, and to copy, distribute and transmit information contained in the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal, non-commercial use. You may also print a copy of the information displayed on the Services for your personal use. That means, save as expressly set out above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own website any portion of the Services without Transware's prior express written consent or display through your own website any information from the Services without Transware's prior express written consent.

Your right to access the Services is subject to any limits established by Transware. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except such automated means as may be expressly made available by Transware, or authorized in advance and in writing by Transware (for example, Transwareapproved third party tools and services). The Transware website contains robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limiting the generality of the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by Transware).

The technology underlying, and content within, the Services is owned by Transware and/or its licensors and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of Ireland or elsewhere and may be subject to penalties. As between you and Transware, Transware owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TRANSWARE DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Transware's Potential Liability for the Services is Limited

SAVE AS REQUIRED BY MANDATORY REQUIREMENTS OF APPLICABLE LAW, NEITHER TRANSWARE NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. TRANSWARE WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS.

Privacy and Data Collection

Transware does not collect personal information from users of the Services unless users have explicitly given such information to Transware (for example, when sending us an e-mail with a question or as part of a contest or competition). Transware's information practices are further described in its privacy policy. Transware's privacy policy is part of this Agreement, and you agree that Transware's use of data as described in the privacy policy is not an actionable breach of your privacy or data protection rights. If you would like more information, please read our privacy policy. You should consider any communication that you transmit to Transware (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that Transware will not be liable or responsible if information that belongs to you is intercepted and/or used by an unintended recipient.

Control over Features, Functions, and Access to the Services

Transware reserves the right to change any information, features and functions of the Services without prior notice. Transware may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Transware determines, in its sole discretion, violate this Agreement, the rights of Transware or any third party, or is otherwise inappropriate.

Governing Law & Jurisdiction

This Agreement shall be governed by the laws of the Republic of Ireland and the courts of Ireland shall have exclusive jurisdiction in relation to any dispute or controversy arising out of your use of the Services.

Waiver

Transware's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision.

Severability

If any provision of this Agreement is found by a competent court or other authority to be invalid or unenforceable, the parties agree that the said court or other authority should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Time limit on claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be notified to Transware within one (1) year after such claim or cause of action arose or otherwise be absolutely and irrevocably waived.

Notice

You may direct any questions concerning this Agreement or give notice under this Agreement in writing to Transware to the following address:

Marketing Director
Transware, 7901 Stoneridge Drive, Suite 500, Pleasanton, California USA.
Tel: +1 925 734 3000
Fax: +1 925 224 8642
E-Mail: privacy@transware.com

Amendment

Transware may amend this Agreement at any time by posting the amended terms on its website. This Agreement may not be otherwise amended except in a written document signed by you and Transware. This agreement was last revised on Oct 20th, 2004.