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Gyrasoft Website Terms of Use & Conditions

1. INTRODUCTION

PLEASE READ THESE WEBSITE TERMS OF USE AND PRIVACY STATEMENT CAREFULLY BEFORE USING ANY GYRASOFT 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 Gyrasoft Products are governed solely by the License agreements (the "EULA") under which they are sold or licensed. Always check the Gyrasoft Software EULA to make certain that neither You nor Your software application, infringe the intellectual property rights of Gyrasoft or others.

Gyrasoft 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

Gyrasoft Respects Your Privacy

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

If You Register for a Free Gyrasoft Product or a Free 14-day Evaluation License

Gyrasoft collects information such as Name, Email address, installation date, uninstall date and the actual Gyrasoft products you install when you register for free products or trial versions of our software from the Website and other Gyrasoft web properties. The information we collect is used for licensing, quality assurance and communication purposes only and allows us to inform registered users of upcoming product updates and new product releases. If You've registered with Gyrasoft and want to be removed from any mailing list, You can do so by writing to us at support@gyrasoft.com or by phone in the United States at (478) 988-4773. Alternatively, You can contact us and be removed from our Email list. By doing so, You will not be contacted by Gyrasoft at any time in the future.

If You Register for Our Forums or Support Center

Gyrasoft collects information such as Public Name whenever You register and participate in our Support Center or Forum discussions. The information we collect may be used to display Your information to others when posting on Support Center or Forums. If You do not want any personally identifiable information to be made available to others – such as Your name – do not register for our Support Center or Forums. If You've registered for our Support Center or Forums and want to be removed from our user database, write to use at support@gyrasoft.com or call us in the United States at (478) 988-4773.

If You Purchase or License a Gyrasoft Product

Gyrasoft collects personally identifiable information whenever You purchase/license a Gyrasoft product. Information includes Name, Address, Phone Number, Email address, Payment Information, Product Purchases, Licenses Owned, Employee/Contact Details, etc. The information we collect allows Gyrasoft to communicate with You regarding upcoming product updates, new product releases, company news and other important business matters. To help prevent software piracy, Gyrasoft 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 at support@gyrasoft.com or call us in the United States at (478) 988-4773 and remove Your name from any mailing list. By doing so, You will not be contacted by Gyrasoft at any time in the future.

Cookies

Gyrasoft 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.

Customer Experience Program

When you optionally join the Customer Input Program, your computer or device automatically transmits information to Gyrasoft about the usage of Gyrasoft products and software development technologies. This information is used to address issues within Gyrasoft products and improve quality/usability.

Opt in/Opt out

The Customer Input Program is strictly optional and you can opt in or opt out of the program at any time by executing the Gyrasoft installer and making the appropriate selection within the installation program.

Privacy

The Customer Input Program does not transmit personally identifiable information such as your name, address or phone number.

What we collect

The Customer Input Program only collects information related to Gyrasoft controls and libraries. This information includes usage of Gyrasoft controls at design time within Visual Studio and usage of Gyrasoft demos. No information is collected from applications/demos you create.

4. LEGAL, COPYRIGHT, and TRADEMARK INFORMATION

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

Gyrasoft 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 Gyrasoft.

Gyrasoft 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 Gyrasoft 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 Gyrasoft. 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 Gyrasoft.

5. YOUR SUBMISSIONS

Gyrasoft 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 or Forum submissions, or made available to Gyrasoft in any manner will be deemed NOT to be confidential by Gyrasoft. You acknowledge that submissions to Gyrasoft will not be considered confidential or proprietary and that Gyrasoft will be under no obligation to keep such information confidential. You further acknowledge that Gyrasoft will have an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such materials or information, and You also agree Gyrasoft is free to use any ideas, concepts, know-how or techniques that You send to us for any purpose. This includes any submissions, changes, updates or corrections made via the Website Localization Service.

6. THIRD-PARTY SUBMITTED CONTENT AND SUPPORT

The Website provides You the opportunity to provide and receive technical support assistance with third parties (the Gyrasoft End-User Community) via online forums, chats and the Support Center. Gyrasoft 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.

The Website provides a Localization Service that is maintained and updated by third-parties (the Gyrasoft End-User Community). Gyrasoft makes no representations or warranties regarding the validity or quality of the Localization Service You obtain from third-parties on the Website. You agree that use of third-party Localization Services obtained via the Website is done so at Your own risk.

7. OUTBOUND LINKS

The Website may contain links and references to non-Gyrasoft Websites and resources (“External Sites”). Links to External Sites are provided for informational purposes and in no way represent an endorsement or approval by Gyrasoft. Gyrasoft 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

Gyrasoft, 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. Developer Express Inc 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 Gyrasoft 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 Gyrasoft 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 GYRASOFT’S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL GYRASOFT'S LIABILITY EXCEED THE PRICE PAID TO GYRASOFT FOR THE SERVICES RENDERED VIA THE WEBSITE.

11. INDEMNIFICATION

You agree to indemnify and hold harmless Developer Express Inc, 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

Gyrasoft 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 Georgia, 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.

Gyrasoft 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 GYRASOFT for any reason, please contact us directly in the United States at (478) 988-4773, or info@gyrasoft.com.

14. COPYRIGHT NOTICE

Copyright © 2005 – 2014 Gyrasoft, LLC. All rights reserved.

15. TRADEMARKS

Gyrasoft, the Gyrasoft logo, SQL*Plus Assist, RMANassist, SQLsmith, SQLdiff, SQLSamurai, DropEdit are registered trademarks of Gyrasoft, 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.

Borland, Delphi, C++Builder, RAD Studio, Embarcadero are trademarks or registered trademarks of Embarcadero Technologies 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.