Website Terms of Use

Introduction

Your use of Safe Software Inc.’s website (the “Website”) and all related content, including but not limited to software, online data converters, documentation, images, videos, etc., is subject to these Terms of Use, 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, the “TOU”). Please read the TOU carefully before using the Website.

Accepting these Terms of Use

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.

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 Converters

From time to time, Safe may provide free, online data converters or translators (“Free Converters”), such as the Easy Translator. Schedule A to these TOU apply to your use of Free Converters.

License of Your Content

By posting, publishing, uploading, or distributing any messages, data, software, workspaces, information, text, graphics, links, content, or other materials (collectively, "Postings") 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 Postings or incorporate such Postings 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 Postings you provide to Safe.

The above paragraph does not apply to any files or data that you upload for use with a Free Converter.

Restrictions on Use

You agree not to 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.

Right to regulate

You acknowledge that Safe has the right, but no obligation, to monitor all activity relating to the Website. Safe may disclose any information necessary to operate the Website, to protect Safe, third parties, Safe’s customers, and to comply with legal obligations or governmental requests. Safe reserves the right, in its sole and absolute discretion, to monitor and edit Postings and registrations, remove them, and cause them not to be registered, posted, published, uploaded or distributed at any time and for any reason or no reason. Safe reserves the right to change the Website at any time at its sole discretion without notice to users. Safe may deny access to the Website to anyone at any time for any reason whatsoever.

Compliance with law

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

Registration

Certain sections of the Website require you to register. If registration is requested, 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. Each registration is for a single individual only. Safe does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use.

Password-protected areas

If Safe grants you access to password-protected areas of the Website, you agree to keep your password confidential and to send notice to Safe immediately if your password is compromised. 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 information by a third party.

Links to Other Sites

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.

DISCLAIMER

THE WEB SITE, INCLUDING THE FREE CONVERTERS AND ALL OTHER 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 WEB SITE, INCLUDING THE FREE CONVERTERS AND OTHER CONTENT, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEB SITE 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 WEB SITE, FREE CONVERTERS, OR OTHER CONTENT.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE, FREE CONVERTERS, OTHER CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SAFE FOR DISSATISFACTION WITH THE WEB SITE IS TO STOP USING THE WEB SITE 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 CONVERTERS

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

Your Data

The Free Converters 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 Converters.

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 Converters 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 Converter 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: August 2016
Copyright © 2016 Safe Software Inc. All rights reserved.