Updated on February 6, 2018
“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and any other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Using the Website for any unlawful purposes or activities or in any way that infringes the rights of Devolutions or other users of the Website (collectively the “Users” and each a “User”) is strictly prohibited. The Website and its different features are intended for the permitted uses described in the section above and may not be used in connection with any other purposes except those that are specifically allowed, endorsed or approved by Devolutions. Without limiting the foregoing, you agree not to engage in the following prohibited activities (collectively, the “Prohibited Uses”):
Prohibited Uses or violations of Devolutions’ system or network security may result in civil or criminal liability. If you breach these restrictions, or otherwise exceed the scope of the licenses or other rights granted to you herein, you may be subject to prosecution and damages, as well as liability for infringement of Intellectual Property Rights. Devolutions will investigate occurrences which may involve such violations, will report them to law enforcement authorities having jurisdiction if needed and will cooperate with such authorities in prosecuting Users who are involved in such violations.
You may purchase, download or get access to most of our products and services from or through our Website. If you decide to purchase, download or use any such products or services, you agree and covenant to pay the applicable purchase price or fee in accordance with the conditions mentioned on the applicable purchase webpage or the invoice issued at the time of your purchase, failing which Devolutions shall have the right to cease or suspend providing those products or services to you at any time, in addition to any other rights or remedy it may have. If payment is made via a purchase order or check, you agree to remit the payment before or on the date specified on the invoice. All payments, fees and charges are non-refundable and there are no refunds or credits for partially used periods. Devolutions reserves the right to modify the pricing of these products and services at any time without prior notice.
Your rights and obligations and Devolutions’ rights and obligations with regard to your use of the products and services that you purchase and/or download from or through the Website are governed solely by the license or service agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements, unless expressly provided otherwise. By purchasing, downloading or using such products or services, you signify your acceptance to abide by the terms and conditions of such agreements.
We may use third-party applications to process payments. Only those payment methods accepted by our third-party payment processors can be used to pay the purchase price directly through the Website. You acknowledge and agree that payment charges may apply depending on your selected payment method. Such charges, if any, will be mentioned at the time you proceed with your payment.
Devolutions endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Devolutions cannot guarantee, and does not guarantee, that products and services advertised or displayed on the Website will be available when ordered or thereafter. Devolutions does not warrant that the content of the Website including, without limitation, product description, availability or pricing is accurate or complete.
Devolutions reserves the right, at any time and without prior notice or liability to you or any other person, to (a) correct any error, inaccuracy or omission displayed on the Website, and (b) change the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services or any other content displayed on the Website. Notwithstanding the foregoing, Devolutions does not make any commitment to update the Website or any of its content. All prices and other amounts appearing on the Website are quoted in U.S. Dollars unless otherwise specified.
Certain services and features of the Website are accessible only to Users or customers who have created a specific account with a password. If you are an existing customer, you may also be asked to enter the license key that was issued to you when purchasing one of our products, for instance when you wish to renew your current license or purchase other products as an existing customer. These passwords and license keys are used by us for authentication matters. Devolutions is not under any obligation to verify the actual identity or authority of any person using your password or license key to access and use the Website, and Devolutions may act upon any communication that is given with the use of such codes. However, Devolutions may, at its sole discretion and at any time, require proof of the identity of any person using a password or license key or otherwise seeking to access and use the Website by using a specific account, and has the right to deny such use or access in case of any reasonable doubt or for any security concern.
If you are asked to register for a product or service on the Website, to create an account or to provide specific information to access certain features, you must provide complete and accurate identification, contact, and other information required as part of the registration process, and accurately and promptly update that information if it changes. You will be solely responsible and liable for any and all loss, damage or additional costs that you, Devolutions or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your information.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure and confidential. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to notify Devolutions immediately of any breach or suspected breach of security or of any unauthorized use of your account, password or license key. Devolutions will not be liable for any losses caused by any unauthorized access or use of your account or password and you will be responsible for losses incurred by Devolutions or any other User due to someone else using your Devolutions password or account.
Some areas of our Website, such as our Devolutions Blog, allow you to post content such as comments, questions, images and other content or information, and to interact with other Users (any such content or information a User submits, posts, displays, publishes, uploads or otherwise makes available on our Website is collectively referred to as the “User Content”).
You are solely responsible for any User Content that you decide to post or share on our Website and for any interaction or communication that you may have with other Users, and Devolutions takes no responsibility and assumes no liability for any such User Content or any consequences relating to their posting.
You must not, and by using this Website you agree not to, post User Content:
You may not copy or use personal identifying or business contact information about other Users or members without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through our Website are prohibited.
Devolutions does not represent or guarantee the truthfulness, accuracy, or reliability of User Content posted by Users, and you understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate or otherwise unsuited to your purpose, and you agree that Devolutions shall not be liable for any damages you allege to incur as a result of User Content or your interactions with other Users on the Website. Devolutions acts as a passive conduit for the online publication of User Content and has no obligation to screen or monitor such User Content in advance or once posted by a User.
Additionally, you acknowledge that Internet transmissions are never completely private or secure. You understand that any message or information you send to or through the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
DEVOLUTIONS®, WAYK®, “Control the IT Chaos”™, any logos relating to Devolutions’ products and services, and other Devolutions’ graphics, symbols, logos, tag lines, designs, page headers, button icons, scripts and service names displayed on the Website are, unless indicated otherwise, trademarks, service marks or trade dress of Devolutions, some of which are registered in Canada, the United States, Europe and/or other countries. Devolutions’ trademarks, service marks and trade dress may not be used in connection with any other product or service or in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Devolutions’ prior written authorization.
We may from time to time and without notice interrupt or stop (permanently or temporarily) your access to the Website or to some of its features for necessary maintenance or updating purposes, and Devolutions shall have no liability for any loss or damage caused by such interruptions.
The Website may also be subject to limitations, delays and other problems inherent to your Internet network, your electronic communications or your use of an outdated web browser. Devolutions is not responsible for any such delays, delivery failures, data loss or other damages resulting from such problems, which you acknowledge are not under Devolutions’ reasonable control.
THE WEBSITE, ITS CONTENT AND FEATURES (INCLUDING ANY THIRD-PARTY SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DEVOLUTIONS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITY, PERFORMANCE, DURABILITY, SECURITY AND RELIABILITY.
DEVOLUTIONS DOES NOT WARRANT THAT THE WEBSITE OR ANY OF ITS COMPONENTS OR FEATURES (INCLUDING ANY THIRD-PARTY SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE) WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR IN A SECURE MANNER. DEVOLUTIONS DOES NOT WARRANT THAT THE WEBSITE OR ANY FILE OR DATA THAT YOU DOWNLOAD FROM THE WEBSITE ARE FREE OF COMPUTER VIRUSES, CONTAMINATION OR OTHER HARMFUL OR DESTRUCTIVE MECHANISMS.
YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO THE WEBSITE, YOUR USE OF THE WEBSITE OR OF ANY OF ITS FEATURES (INCLUDING ANY THIRD-PARTY SOFTWARE MADE AVAILABLE ON THE WEBSITE) OR YOUR DOWNLOAD OF ANY FILE, DATA OR CONTENT FROM THE WEBSITE IS MADE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY OF ITS FEATURES. YOUR SOLE REMEDY AGAINST DEVOLUTIONS FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING IT.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL DEVOLUTIONS BE LIABLE TO YOU OR ANY OTHER PERSON (AND YOU HEREBY AGREE TO RELEASE DEVOLUTIONS FROM ANY SUCH LIABILITY) ON ACCOUNT OF ANY ACCESS TO THE WEBSITE OR ANY USE OR MISUSE OF THE WEBSITE OR ANY OF ITS FEATURES OR THIRD-PARTY SOFTWARE MADE AVAILABLE THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL DEVOLUTIONS BE LIABLE FOR ANY ALLEGED OR PROVEN DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ANY OTHER ECONOMIC LOSS, EVEN IF DEVOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE LOSSES OR DAMAGES ARISE FROM RELIANCE ON THE WEBSITE OR ANY OF ITS COMPONENTS OR CONTENT, FROM DELAY OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY OF ITS COMPONENTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR ANY OF ITS COMPONENTS.