BlueStripe Software is a privately held corporation, located in Morrisville, North Carolina, USA.
Copyright © 2008-2014. BlueStripe Software, 2803 Slater Road, Morrisville, North Carolina 27560. All rights reserved.
Acceptance of Terms
Description of Services
BlueStripe Software may provide you with access to a variety of resources, materials and downloads, including business, educational and technical news and information (collectively, “Services”). The Services, including any updates and enhancements, are subject to the Terms.
Use of Software
Any software that is made available to download from this Site (“Software”) is the copyrighted work of BlueStripe Software and/or its licensors (if any). You must be a registered BlueStripe Software subscriber in order to download and/or use the Software. Furthermore, your right to download and/or use the Software will be subject to the terms and conditions of the BlueStripe Software End User License Agreement (“BlueStripe Software License Agreement”), which you must first agree to by clicking on the “I AGREE” (or similar prompt) prior to downloading. Any use, reproduction or redistribution of the Software not in accordance with such BlueStripe Software License Agreement is prohibited.
Materials Available Pursuant to the Site
Subject to the Terms, BlueStripe Software authorizes you to view and use the information and materials obtained from this Site directly or sent by BlueStripe Software via email or post pursuant to a request by you via the Site (collectively, “Materials”), provided that: (1) you retain all copyright and other proprietary notices contained in the original Materials on any authorized copies of the Materials; and (2) your use of the Materials is subject to the Limitation of Use restrictions set forth below.
The origins of such Materials may be internal or external to BlueStripe Software. While third party Materials are believed to be reliable, such third party Materials has not been independently authenticated, tested or verified in whole or in part by BlueStripe Software. All Materials provided on BlueStripe Software websites, including any Material from third parties, is “as is”, and BlueStripe Software makes no express or implied claims, representations or warranties as to its accuracy, validity or veracity. BlueStripe Software shall not be liable, in any way, for your use of these Materials, any results that may occur from such use, or any consequences from decisions made in reliance on these Materials.
In addition, certain downloads from BlueStripe Software websites may contain third party software. Any download of software is governed by the terms of the BlueStripe Software License Agreement between BlueStripe Software and the user. BlueStripe Software makes no claims, representations or warranties that the software will operate properly, securely, effectively or efficiently. BlueStripe Software disclaims all liability concerning the download of software from the websites, including, but not limited to damage to the user’s hardware, software, network or systems, loss of data, application failure, backup errors or problems related to connectivity, security, compatibility, functionality or efficiency.
Limitation on Use
Unless otherwise specified in the Terms and/or the BlueStripe Software License Agreement, the Services and Materials are for your personal and non-commercial use. You may not modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services or Materials. You may not copy or reproduce any information, products or services obtained from the Services or Materials, except as specified under the guidance of the BlueStripe Software License Agreement, and as required for licensed software installation. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any Materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by BlueStripe Software via email or post).
Policy on Privacy
When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration (“Your Data”), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate accounts or access rights of users who may have provided inaccurate or incomplete information during registration, or for any other reason at our sole discretion.
The Services may contain e-mail services, bulletin board services, chat areas, news groups and other forums designed to enable you to communicate with others (“Communication Services”). You understand that by using this Site you may be exposed to content that is offensive, indecent, or objectionable. You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, where applicable, related to the particular Communication Service. We may, but are not obligated to, monitor or review these areas and the content of any such Communication Services. We will have no liability related to the content of any such Communication Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any material posted to this Site that in the sole opinion of BlueStripe Software violates community standards, will be removed and the account of the poster may, at BlueStripe Software’s sole discretion, be revoked or suspended. Any material that meets the standards described above might be edited by BlueStripe Software solely for the purpose of clarity and length.
Materials Provided to BlueStripe Software or Posted at the Site
BlueStripe Software does not claim ownership of the materials you may provide to BlueStripe Software (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting BlueStripe Software, its affiliated companies and necessary sublicensees a non-exclusive, royalty-free, worldwide license to use your Submission in connection with the operation of their businesses (including, without limitation, all BlueStripe Software Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. BlueStripe Software is under no obligation to post or use any Submission you may provide and BlueStripe Software may remove any Submission at any time in its sole discretion.
Links To Third Party Web Sites Content
Links to third party web sites or content on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products, sweepstakes or materials found there, or any results that may be obtained from using them.
If you decide to access any of the third party sites linked to this Site, or decide to participate in any sweepstakes or contests offered by third parties pursuant to links on BlueStripe Software’s Site, you do this entirely at your own risk.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS OF THE BLUESTRIPE SOFTWARE LICENSE AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED ON THE BLUESTRIPE SOFTWARE LICENSE AGREEMENT, ALL SOFTWARE, MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BLUESTRIPE SOFTWARE, FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS (IF ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Neither BlueStripe Software, nor its subsidiaries and affiliates and their respective licensors (if any) and suppliers, warrant the accuracy, completeness or quality of any of the Materials or Services.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL BLUESTRIPE SOFTWARE, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, SOFTWARE OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This site is controlled and operated by BlueStripe Software from its offices in the United States of America. BlueStripe Software makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.
Software, Services, Materials, tools, and technical data delivered by or to BlueStripe Software may be subject to U.S. export controls or the trade laws of other countries. You and BlueStripe Software agree to comply with all export control regulations and acknowledge that both parties have the responsibility to obtain such licenses to export, re-export or import as may be required. You and BlueStripe Software agree not to export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws. You and BlueStripe Software will not use or provide Software, Services, Materials, tools, and technical data for nuclear, missile, or chemical biological weaponry end uses.
You agree to indemnify and hold BlueStripe Software and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Submission, your use of or connection to the Site (including any use by you on behalf of your employer), your violation of the Terms, or your violation of any rights of another.
Jurisdiction and Venue
These Terms are to be governed and construed by the substantive law of the State of North Carolina. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Site, litigation must be brought in state or federal court in the State of North Carolina.
The failure of BlueStripe Software to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 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 or the Terms must be filed within three (3) months after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, any Software downloaded from this site is governed separately by the BlueStripe Software License Agreement.
Restricted Rights Legend
Any Software that is downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Program Product clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, or successor provision(s), as applicable. Manufacturer is BlueStripe Software Corporation, 2803 Slater Road, Morrisville, North Carolina 27560.
“BlueStripe Software Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations BlueStripe Software uses in connection with its products and services. You agree to comply with the BlueStripe Trademark and Logo Usage Requirements located at http://bluestripe.com/trademarks.html. You may not remove or alter any BlueStripe Software Trademarks, or co-brand your own products or material with BlueStripe Software Trademarks, without BlueStripe Software’s prior written consent. You acknowledge BlueStripe Software’s rights in BlueStripe Software Trademarks and agree that any use of BlueStripe Software Trademarks by you shall inure to BlueStripe Software’s sole benefit. You agree not to incorporate any BlueStripe Software Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
The names of actual companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.
For a description of the refund/return policy that may apply to your purchase of Software and/or Services, please review the specific terms and conditions contained in the applicable BlueStripe Software License Agreement or other agreement you consented to be bound to in connection with the use of Software and/or Services.