Terms of Use

Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on or from this website (collectively, “HippooSoft Content”) are the copyrighted works of HippooSoft and its licensors.

HippooSoft and its licensors expressly retain all right title and interest in and to the HippooSoft Content, including, without limitation, all intellectual property rights therein and thereto.

Except as expressly permitted in these Terms of Use, any use of the HippooSoft Content may violate copyright and/or other applicable laws.

In addition to HippooSoft Content, the Site may contain information and materials provided to HippooSoft by third parties (collectively, “Third Party Content”).

Third Party Content is the copyrighted work of its owner, which expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto.

In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties.

Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

Except as provided in Section 2. below, HippooSoft grants you the limited, revocable, non-transferable, non-exclusive right to use the Site and the associated HippooSoft Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site under the condition that:

• such activity is solely for your personal, education or other non-commercial use;
• you do not modify or prepare derivative works from the Site Content;
• you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content;
• you do not otherwise reproduce, re-distribute or publicly display any of the Site Content;
• you do not copy any Site Content to any other media or other storage format.

If you elect to display, post, submit or otherwise make available to others, on the Site any content or works of authorship, including, without limitation, images, software, audio files, text, or any other materials (collectively, “User Content”), you hereby grant to HippooSoft a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute such User Content, for any purpose.

In addition, you hereby irrevocably represent and warrant to HippooSoft that:

• you have all necessary power, authority, right, title and/or licenses to grant to HippooSoft the foregoing right and license;
• the posting, submission, display by you of User Content on the Site, and the exercise by HippooSoft of the foregoing license does not and will not violate any law;
• such posting, submission or display does not and will not infringe any intellectual property right of any third party.

You hereby irrevocably agree to indemnify, defend and hold HippooSoft, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses arising out of or related to any third party claim resulting from a breach of the foregoing representations and warranties.

To the extent that the Site contains HippooSoft Content or Third Party Content that is software available for download (“Software”), such Software is subject to, and your use of such Software is governed by, an applicable license agreement (each a “License Agreement”) accompanying, provided with, linked to or embedded in, such Software.

You may not use any Software unless you first read and agree to all of the terms and conditions of the applicable License Agreement.

All trademarks, service marks and logos included on the Site (“Marks”) are the property of HippooSoft or third parties, and you may not use such Marks without the express, prior written consent of HippooSoft or the applicable third party.

HippooSoft may, but is not obligated to, monitor Site Content, User Content and your use of the Site.

HippooSoft reserves the right to accept, reject or modify any Site Content or User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content or User Content.

In connection with your use of the Site, you agree not to submit any User Content which:

• is unlawful;
• infringes or violates the intellectual property or other rights of any person or entity;
• violates any right of publicity or invades the privacy of others;
• constitutes obscene, pornographic, indecent, profane or otherwise objectionable material;
• is discriminatory, hateful or bigoted toward, or abusive of, any group or individual;
• is libelous or defamatory;
• violates any applicable law or government regulation;
• breaches any duty of confidentiality that you owe to anyone;
• provides any non-public information about HippooSoft or any other company or person without authorization.

You may not use the Site to post, transmit or link to individual’s personal data. You should always be mindful of the privacy of others and use discretion when sharing any private content relating to or belonging to others, including phone numbers, social security numbers, addresses, financial information, passwords, and government identification.

You may not use the Site to post, transmit or link to:

• any advertisement, promotional materials or solicitation related to any product or service that is competitive with HippooSoft products or services;
• software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses;
• any robot, spider, site search/retrieval application, or other application designed to retrieve, index, “data mine,” information from the Site.

If you become a registered user of the Site in order to gain access to support or other limited access parts of the Site, you agree:

• that the information you provide to HippooSoft in connection with your registration will be current, complete and accurate;
• not to choose a user name that violates any law or the intellectual property rights of others, or is offensive;
• not to transfer, sell, convey or assign the right to use the Site to any third party without prior written consent;
• not to permit any third party to use your user name and password to access the Site.

You further agree that you are responsible for the conduct of any party that uses your account, whether or not authorized by you, and for any breach of the security of the Site related to the use of your user name and/or password.

You hereby irrevocably agree to indemnify, defend and hold HippooSoft, its affiliates, directors, officers, employees and agents harmless from and against any and all losses, costs, damages, liabilities and expenses (including attorneys’ fees) arising out of or related to your use of the Site.

You hereby represent and warrant that:

• you understand and acknowledge that some Site Content may be subject to export, re-export and import restrictions under applicable law;
• you will not use the Site or any Site Content in a manner that violates the U.S. Export Administration Act of 1979 and the regulations of the U.S. Department of Commerce;
• you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.

ON BEHALF OF ITSELF AND ITS LICENSORS, HippooSoft HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, AVAILABILITY OF THE SITE AND THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT.

THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND/OR THE SITE CONTENT RESTS WITH YOU AND HippooSoft MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE AVAILABILITY WILL BE UNINTERRUPTED, OR THE SITE AND/OR THE SITE CONTENT WILL BE ERROR FREE.

This includes, without limitation, any and all direct, indirect, incidental, consequential, punitive, special, exemplary or statutory damages, including loss of business, loss of profits, loss of revenue, loss of data, loss of goodwill or any cost of cover or cost of procurement of substitute goods or services, even if HippooSoft has been advised of the possibility of such damages.

This applies regardless of the legal theory under which damages are sought, whether in breach of contract or in tort, including negligence.