Website Terms of Use

Introduction

These Terms govern your use of the websites that link to these Terms. In these Terms, the word “Website” refers to each of these websites and the services, online tools, documentation, images, videos, and all other content offered on these websites. In addition, your use of the Website is subject to our Privacy Policy, and any other relevant terms and conditions, policies, and notices which are posted on a specific section or module of the Website (collectively with these Terms, the “TOU”). Please read the TOU carefully before using the Website.

Accepting these TOU

By using the Website, you signify your agreement with the TOU. If you do not agree with any of the TOU, do not use the Website. Safe Software Inc. (“Safe”) reserves the right to update the TOU at any time without notice to you. The most current version of the TOU will be posted on the Website.

Trademarks

"FME" is the registered trademark of Safe Software Inc. The FME and Safe Software logos are the trademarks and/or service marks of Safe. You may only use these trademarks in accordance with the Safe Software Trademark Usage Guidelines.

All other brand names, product names, or trademarks belong to their respective holders.

Copyright

The Website is controlled and operated by Safe. All content on the Website is protected by copyrights which are owned and controlled by Safe or by other parties that have licensed their materials to Safe. Unless otherwise specified, the content on this Website is for personal and non-commercial use and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell content obtained from the Website without written permission from Safe.

Unless otherwise stated, the sample data used on this Website originates from open data made available by the City of Vancouver. It contains information licensed under the Open Government License - Vancouver.

Notice Specific to FME Software Available on the Website

Any FME Software that is made available to download from the Website is the copyrighted work of Safe and/or Safe’s licensors. Use of the FME Software is governed by the terms of the end user license agreement which accompanies or is included with the FME Software (the "License Agreement"). The FME Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE FME SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Notice Specific to Content Available via the FME Hub

Some content is made freely available for download on the FME Hub. You are free to use and modify this content solely at your own risk. You may redistribute this content provided that you acknowledge the original author and, where possible, include a website link to the FME Hub.

Notice Specific to Free Online Tools or Services

From time to time, Safe may provide free, online tools or services (“Free Tools”), such as the Easy Translator or AVF Validator. Schedule A to these TOU applies to your use of Free Tools.

Notice Specific to Live Chat

A live chat agent may be made accessible via the Website. Safe may terminate any live chat conversation at any time for any reason, and will terminate any live chat conversation that contains prejudicial, obscene, harassing, or libelous messages.

Your Accounts

You may be required to create an account and specify a password in order to use certain services or features of the Website. You agree to provide accurate and complete registration information on your own behalf and not on behalf of any third party. It is your responsibility to inform Safe of any changes to that information or to change such information by signing in to your account. Do not permit other people to use your account. You agree to keep your password confidential and to notify Safe immediately if your account is compromised. You are entirely responsible for any and all activities under your account. You acknowledge that the Internet is a network of computers worldwide, and that information is routed via third party computers to and from Safe, and that Safe is not responsible for lapses in online security and does not assume liability for improper use of your account or information by a third party.

License of Your Content

By posting, publishing, uploading, or distributing any messages, data, software, workspaces, information, text, graphics, links, content, or other materials (collectively, "Content") for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) Safe a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Content or incorporate such Content into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Safe for any alleged or actual infringement or misappropriation of any proprietary right in any Content which you provide to Safe.

Links to Other Sites & Content Posted by Third Parties

The Website may contain links to other web sites. Such linked sites are not under Safe’s control, and Safe is not responsible for and does not endorse the content of linked sites. You will need to use your independent judgment regarding your interaction with such linked sites.

The Website may contain Content posted by third parties. Safe is not responsible for and does not endorse any third party Content. Accordingly, Safe may not be held liable, directly or indirectly, for any loss or damage cause in connection with any third party Content.

Use of the Website

Do not use the Website in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Website or any features on the Website (including any technological measures Safe may implement to enforce these TOU). In addition, you agree that you will not knowingly:

(a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;
(b) post or transmit to the Website any unlawful, fraudulent, harassing, libelous, or obscene information of any kind;
(c) post or send to the Website any information that contains a virus, bug, or other harmful item;
(d) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Website’s content other than as expressly permitted herein;
(e) post to or transmit via the Website any information in violation of another party’s copyright or intellectual property rights;
(f) take any action which could damage, disable, overburden or impair the Website infrastructure or Safe’s network system;
(g) re-deliver any of Website or the Content using “framing”, hyperlinks, or other technology without Safe’s permission;
(h) attempt to gain unauthorized access to any software, other accounts, computer systems or networks connected to any Safe server through hacking, password mining or any other means;
(i) take any action which may interfere with any other party’s use and enjoyment of the Website; or,
(j) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

You agree to comply with all governmental laws, statutes, ordinances, and regulations regarding your Website use.

When you use the Website or send communications to us through the Website, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Website. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating an account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we may contact you at that address or number in a manner consistent with our Privacy Policy.

Safe has the right, but no obligation, to monitor all activity relating to the Website. Safe reserves the right, in its sole and absolute discretion, to remove or edit Content, terminate your accounts, prohibit you from using the Website, and take all appropriate legal actions. Safe reserves the right to change the Website at any time at its sole discretion without notice to users.

DISCLAIMER

THE WEBSITE, INCLUDING THE FREE TOOLS AND ALL CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL DEFECTS AND ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAFE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAFE ASSUMES NO LIABILITY FOR DAMAGE TO ANY SYSTEM ON WHICH FME SOFTWARE OR OTHER CONTENT IS INSTALLED, FOR CORRUPTION OF ANY DATA TRANSLATED, OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES. SAFE MAKES NO WARRANTIES THAT THE WEBSITE, INCLUDING THE FREE TOOLS AND CONTENT, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS.

SAFE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT OR BUSINESS OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, FREE TOOLS, OR CONTENT.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, FREE TOOLS, CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SAFE FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Indemnity

You agree to indemnify and hold Safe harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against Safe by any third party due to or arising from your use of the Website.

Governing Law

The TOU shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Province of British Columbia and the laws of Canada. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of British Columbia.

Severability

If any provision of the TOU is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of the TOU shall continue in full force and effect.

SCHEDULE A - FREE TOOLS

You may access the Free Tools using the interfaces provided and in compliance with these TOU. The following additional terms apply to the use of Free Tools:

Your Data

The Free Tools may allow you to upload your files or data (collectively, "Your Data"). You retain ownership of any intellectual property rights that you hold in Your Data. You consent to Safe’s use of Your Data for the limited purpose of providing and operating the Free Tools.

You acknowledge that Your Data may be stored on a third party server located anywhere in the world. Safe regularly deletes all files and data from its servers once data conversions are completed. You acknowledge that the Internet is a network of computers worldwide, and that any information submitted to or from the Free Tools is routed via third party computers and that Safe is not responsible for lapses in online security and does not assume liability for improper use of Your Data by a third party.

Modification & Termination

Safe reserves the right to modify, add, or delete any Free Tools at any time and in its sole discretion. Functionality and offerings may be added, removed or eliminated. Usage limits may be added or revised at any time with notice to you. Registration or login requirements may be added from time to time.

Last update: May 2020
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