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Welcome to Hexagon Software, a website owned and operated by Hexagon Software LLC,
A Washington Limited Liability Company, for purposes of promoting and marketing
Hexagon Software (collectively “Hexagon”, “Hexagon Software”, “us”, or “we”). By
using this site you accept that you have read, understand and agree to be bound
by these Terms of Use ("Terms of Use" or "Agreement").
We reserve the right to modify Hexagon Software services, products and this site
for any reason, and without notice, without liability to you, any other user or
any third party. We also reserve the right to modify these Terms of Use from time
to time without notice. You are responsible for regularly reviewing these Terms
of Use so that you will be apprised of any changes.
These Terms of Use and any other policies of the Company posted by us on this website
or elsewhere, constitute the entire agreement between you and Hexagon Software regarding
the use of this website, superseding any prior agreements between you and Hexagon
Software relating to your use of this website. The failure of Hexagon Software to
exercise or enforce any right or provision of these Terms of Use shall not constitute
a waiver of such right or provision in that or any other instance. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall continue
in full force and effect.
Eligibility
You represent and warrant that you are at least 18 years of age if a resident of
the United States of America (19 years of age if a resident of any country or territory
not part of the United States of America) and that all registration information,
profile and other personal and/or business information that you submit to Hexagon
Software is truthful and accurate. You acknowledge that some areas of this site
may contain material, graphics, content or links to other sites over which Hexagon
has no control and for which Hexagon shall not be liable. You agree that you will
update all personal and/or business, and account information as necessary to keep
it accurate. If you misrepresent your age or your authority, we may terminate your
Hexagon Software account and/or access or use of this site at any time without warning,
and without liability. You are solely responsible for maintaining the security and
confidentiality of your password and other member account information, if applicable.
You agree not to permit others to use your password or other member account information,
and you agree to notify Hexagon Software immediately of any unauthorized use of
that information. Hexagon Software will not be responsible for any loss or damage
arising out of the unauthorized use of your password or other member account information;
and you agree to indemnify and hold harmless Hexagon Software, its officers, directors,
agents, employees, subsidiaries, and affiliates for any unauthorized, improper,
or illegal use of that information. You further represent and warrant that your
use of Hexagon’s services and this website will not violate any applicable law or
regulation.
Privacy
Use of Hexagon Software services and this website is also governed by our Privacy
Policy.
Additional Terms
You hereby agree that you will not use this website for any illegal or unauthorized
purpose. International users agree to comply with all local rules regarding online
conduct and acceptable content, including laws regulating the export of data from
the United States or your country of residence. Other examples of illegal or unauthorized
uses include, but are not limited to:
- modifying, adapting, translating, or reverse engineering any portion of any Hexagon
Software service or product or this website;
- submitting false or misleading information;
- using any robot, spider, site search/retrieval application, or other device to retrieve
or index any portion or the Hexagon Software service or data contained within or
submitted to this website;
- creating user accounts by automated means or under false or fraudulent pretenses;
- creating or transmitting unwanted electronic communications such as "spam," or chain
letters to other users or otherwise interfering with other users’ use of this website
and any Hexagon Software services or products;
- transmitting any viruses, worms, defects, Trojan horses or other items of a destructive
nature;
- collecting any information about other users (including usernames and/or email addresses)
for unauthorized purposes;
Affiliated Sites
Hexagon Software has no control over, and no liability for any third party websites,
content or materials. Hexagon Software works with a number of partners and affiliates
whose internet sites may be linked with us. We make no guarantees about the accuracy,
content, or quality of the information provided by such sites, and we assume no
responsibility for unintended, objectionable, misleading, or unlawful content that
may reside on those sites. Similarly, from time to time in connection with your
use of Hexagon Software, you may have access to content owned by third parties.
You acknowledge and agree that Hexagon Software makes no guarantees about, and assumes
no responsibility for, the accuracy, currency, content, or quality of this third
party content, and that unless expressly provided otherwise, this Agreement shall
govern your use of any and all third party content.
Disputes
By using this website, you agree that if there is any dispute about or involving
the website or Hexagon Software, you agree that the dispute shall be governed by
the laws of the State of Washington without regard to conflict of law provisions
and you agree to exclusive personal jurisdiction and venue in the state and federal
courts of the United States located in the State of Washington, King County.
Disclaimers
Hexagon Software is not responsible for any incorrect or inaccurate content posted
on the website or in connection with the products and/or services offered by Hexagon
Software.
Hexagon Software further disclaims any and all responsibility and liability for
the conduct of any user of this website. Hexagon Software assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, any user communication. Under no circumstances shall Hexagon Software
be responsible for any loss or damage, including personal injury or death, resulting
from use of this website, attendance at any Hexagon Software event, from any content
posted on or through the Hexagon Software’s website, or from the conduct of any
users of the Hexagon Software website, products or services, whether online or offline.
Use of this website and its content is provided "AS-IS" and as available and Hexagon
Software expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Hexagon Software cannot guarantee and does not promise any specific
results from use of the Hexagon Software services or products or this website. YOU
AGREE THAT YOUR USE OF THE HEXAGON SOFTWARE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
U.S. Export Controls
Software available in connection with the Hexagon Software Services (the "Software")
is further subject to United States export controls. No Software may be downloaded
from this website or otherwise exported or re-exported in violation of U.S. export
laws. Downloading or using any data, code or programs from this website is at your
sole risk.
Limitation on Liability
IN NO EVENT SHALL HEXAGON SOFTWARE BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR DATA OR ANY DAMAGES ARISING FROM YOUR
USE OF THE WEBSITE, EVEN IF HEXAGON SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HEXAGON
SOFTWARE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO EITHER THE AMOUNT PAID, IF ANY, BY
YOU TO HEXAGON SOFTWARE FOR USE OF THE HEXAGON SOFTWARE WEBSITE OR $25.00, WHICHEVER
IS LESS.
Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HEXAGON SOFTWARE,
ITS SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS
HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’
FEES MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF HEXAGON SOFTWARE
IN VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY OR
OTHER RIGHTS OF ANY PERSON OR ENTITY. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY
LIMIT THE EFFICACY OF SUCH RELEASES.
Other
This Agreement is accepted upon your use of the Hexagon Software Website or any
of the Hexagon Software services or products. This Agreement constitutes the entire
agreement between you and Hexagon Software regarding the use of the website. The
failure of Hexagon Software to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The section
titles in this Agreement are for convenience only and have no legal or contractual
effect. Hexagon Software is a trademark of Hexagon Software LLC. If any provision
of this Agreement is unlawful, void or unenforceable, that provision is deemed severable
from this Agreement and does not affect the validity and enforceability of any remaining
provisions.
Contact Us
If you have any questions about this Terms of Use Agreement, please contact
us at the following email address:
info@hexsw.com
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