PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY BEFORE USING WWW.AIMSOFTWARE.COM (THIS “WEBSITE”). BY USING THIS WEBSITE AND ANY CONNECTED WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED, UNDERSTOOD AND AGREE TO, THESE TERMS AND CONDITIONS. YOU SHOULD NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS.
License to Use the Website
Access to certain AIM product information on this Website is restricted and is only available to AIM customers who have individual agreements with AIM (“Individual Agreements”). Such restricted information is considered confidential and proprietary information of AIM and is only available for access by AIM customers authorized for such access in accordance with Individual Agreement via individual user accounts and passwords issued by AIM and on the terms of such Individual Agreements and these Terms ad Conditions. You shall not attempt to gain access to any Website information that you are not authorized to access. If you are authorized to access Website restricted information via password, you shall ensure your password is adequately protected and shall not transfer your password to any unauthorized parties. You must not allow third party access to your account and you are responsible for all activity that occurs under your account, including any activity by unauthorized users. You shall immediately notify AIM of any unauthorized access to or use of your password. Additionally, you will not access the Website under an anonymous or false name, and you will not permit any other person to access the Website under your name, or under anonymous or false name.
AIM reserves the right to modify the Website or any of the Website Materials at any time. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Website. AIM may, at any time, in its discretion terminate your access to this Website.
Use and Content Restrictions
You may not use the Website or any of Website Materials in any of the following ways:
- In a way, which violates any applicable law, court order, regulation, or treaty or rights of others (including, but not limited to, copyrights and other intellectual property rights, privacy rights, criminal and international law, and export regulations of the US or any other jurisdictions).
- To post adult or sexually explicit content or material that exploits minors, is threatening or abusing, or depicts unlawful acts or acts of violence.
- To post any content or material that is libelous or defamatory, or violates or infringes upon the rights of or otherwise harms any third party.
- In a manner intended to promote fraudulent schemes or any other dubious money-making ventures.
- In a manner intended to abuse or violate the privacy or property rights of others, including but not limited to spamming activity or in a way to disguise the server identity or location.
- Excessively using the Website in such a way as to limit the bandwidth available to others.
- To use the Website for purposes of promotion, solicitation, or advertising or to promote or solicit competing Internet services.
- Engaging in harassment, whether through language, frequency, or size of messages.
- To post or transmit to the Website any content containing any malware or harmful or corrupt code, programming code, or data, or other code that otherwise adversely affects the functioning of the Website or interfere with or disrupt the Website or any other AIM websites, servers, or networks connected to AIM’s websites
AIM has the right, but not the obligation, to monitor all access to and use of this Website.
AIM will not have and expressly disclaims any liability related to the misuse, loss, modification, or unavailability of any content.
Warranties and Disclaimers
Any software, service or material available for download from this Website is the copyrighted property of AIM and/or its licensors. Any use or reproduction of any such software, service and materials, as well as any warranties and guarantees with respect to such software, service and materials, if any, are governed by the Individual Agreement applicable to such software, service and materials, as well as these Terms and Conditions (the Individual Agreement shall, however, always prevail). Any use or reproduction of third-party products or services purchased by you in connection with this Website shall be governed by a separate agreement applicable to such third party product or service.
AIM makes no representations or promises to develop, provide, or market any software, service or product discussed on this Website, and you shall not rely on any of the information provided or the prospect of availability of any software, service, or product currently in development or currently anticipated to be made available in the future. The Website Materials may be out of date, and AIM makes no commitment to update such Website Materials. Website Materials may refer to products, software or services that are not available in your country and it is your obligation to consult with the local AIM representative for information about the products, software and services that may be available to you. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, cancelbots and other items of a destructive nature.
Certain information available on this Website is provided by third parties. You hereby confirm that all such information is the sole responsibility of the party who originated it and that AIM has no responsibility for such content and does not guarantee accuracy, quality, or completeness of such content. References to any third parties, inclusion of any third party information or links to third party’s websites do not constitute an endorsement by AIM of such other party, their products or services.
This Website and all Website Materials are provided “AS IS” and AIM DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES REGARDING THE ACCURACY OF THE WEB SITE INFORMATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, AIM DOES NOT WARRANT THAT THE WEBSITE, ANY WEBSITE MATERIALS OR CONTENT PROVIDED TO YOU WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. AIM DOES NOT PROVIDE ANY WARRANTIES WITH RESPECT TO ANY CONTENT SUBMITTED BY ANY USER, OR GUARANTEE THE SECURITY OR BACK-UP OF ANY OF THE DATA STORED ON THE WEBSITE. NO WARRANTIES ARE PROVIDED WITH RESPECT TO WEBSITES AND RESOURCES OUTSIDE OF THE WEBSITE, EVEN IF LINKED TO AND FROM THE WEBSITE.
AIM’s obligations with respect to its products and services are governed solely by the contracts under which such products and services are provided and nothing on this Website should be construed to alter such contracts. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Your use of trademarks and trade names appearing on this Website is regulated by the Trademark Statement, which forms a part of these Terms and Conditions.
Limitation of Liability and Indemnity
IN NO EVENT WILL AIM, ANY OR ITS AFFILIATES, SUPPLIERS, LICENSORS OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY FOR ANY CLAIMS, LOSSES, INJURIES, SUITS, DEMANDS, JUDGMENTS, LIABILITIES, COSTS, EXPENSES OR DAMAGES FOR ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS WEBSITE OR ANY SITE LINKED TO IT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL AIM R ITS AFFILIATES, SUPPLIERS, LICENSORS OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR THE LIKE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER AIM HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
If any provision of this Agreement is adjudged by a court to be invalid, void or unenforceable, the Parties agree that the remaining provisions of this Agreement shall not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the Parties, and that this Agreement shall in any event otherwise remain valid and enforceable.
If you are accessing this Web Site as a representative of an organization, these Terms and Conditions bind both you individually and that organization, and references to “You” shall be construed to apply to you individually and the organization.
AIM administers this Website from its offices in Vienna, Austria. AIM makes no representation that any Website Materials are appropriate or available for use outside Austria, and access to them from territories where their contents are illegal is prohibited. If you choose to access this Website from outside Austria s will do so on your own initiative and you shall be responsible for compliance with all applicable local laws. These Terms and Conditions are governed by the laws of Austria, without giving effect to any principles of conflicts of laws.