1.2 The Terms are entered into by and between Bora Software Ltd. ("Bora") and You. Bora® provides the https://borasoftware.com website, information and other on-line resources accessible via borasoftware.com (the "Services") to You, subject to the Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the current Services, including the release of new Bora resources.
3.1 The Services and any software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in third-party advertisements or information presented to You through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Bora or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
3.2 You must not modify, decompile, or reverse engineer any Software Bora discloses to You, and must not remove, overprint, or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Software or Information from the Services.
3.3 "Bora Trademarks" means all names, marks, brands, logos, designs, trade dress and other designations Bora uses in connection with Products or Services. Customer may not remove or alter any Bora Trademarks, nor may it co-logo Products or material associated with Customer's services. Customer acknowledges Bora's rights in Bora Trademarks. Customer agrees not to incorporate any Bora Trademarks into Customer's trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
4.1 You agree not to use the Services in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to transmit through the Services any Material that is controversial or infringes a third party right. You agree not to use any Bora domain name as a pseudonymous return email address for any communications that You transmit from another location or through another service; and You may not pretend to be someone else or spoof their identity when using the Services. Furthermore, You agree not to transmit unsolicited or bulk communications to any Bora account holder or to any borasoftware.com® or affiliated email address (regardless of whether You use the Services to transmit any such communication).
4.2 You agree not to use the Services for any unlawful activities not otherwise covered above, including (without limitation) attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making direct threats of physical harm. Additionally, You agree not to use the Services to:
You agree that Bora would be irreparably harmed by the use, by You or others, of Bora's Services or facilities in connection with the transmission of spam newsgroup postings or unsolicited email in violation of these Terms, and that Bora is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Bora reserves the right to block, filter or delete unsolicited email.
You agree to indemnify and hold Bora, and its subsidiaries, affiliates, officers, agents, co-branders, alliance members, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Services, including any use by Your employees, Your violation of the Terms, or Your violation of any rights of another.
7.1. Bora may send notices to You via either email or regular mail. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Services. Bora reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Bora may make changes to the Bora website, including regarding products, services, programs, and prices, at any time without notice. Bora, in its sole discretion, may terminate Your password, account, use of the Services or use of any other Bora service, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Bora believes that You have violated or acted inconsistently with the letter or spirit of the Terms.
7.2. Any termination of Your access to the Services under any provision of the Terms may be effected without prior notice, and Bora may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Services. Further, Bora will not be liable to You or any third-party for any termination, modification, or suspension of the Services.
8.1 The Services may provide, or third parties may provide, links to other Internet sites or resources. Because Bora has no control over such sites and resources, You acknowledge and agree that Bora is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Bora will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
8.2 This Website may be linked to other websites which are not under the control of and are not maintained by Bora. Bora is not responsible for the content of those sites. Bora is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Bora of those sites.
9.1 YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND INFORMATION (AS DEFINED IN SECTIONS 1.2) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE DEVOID OF ANY WARRANTY. BORA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BORA MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. IN NO EVENT WILL BORA OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION FROM BORASOFTWARE.COM.
9.2 BORA MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
9.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BORA OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. BORA'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
10.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, BORA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF BORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO:
10.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST BORA FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE/INABILITY OF USE OF THE WEBSITE MATERIALS.
10.3 YOU AGREE TO HOLD BORA HARMLESS FROM, AND YOU COVENANT NOT TO SUE BORA FOR, ANY CLAIMS BASED ON USING THE WEBSITE.
11.1 Bora is committed to respecting others' intellectual property rights, and we ask our users to do the same. Bora may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights.
11.2 All information, documents, products, software, and services (the "Materials") provided on this Website were provided by or to Bora by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted work of Bora and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Bora or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Bora. You also may not, without Bora's prior express written permission, "mirror" any Material contained on this Website on any other server.
11.3 Nothing on this Website shall be construed as conferring any license under any of Bora's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
11.4 Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
13.1 The Terms constitute the entire agreement between You and Bora and govern Your use of the Website borasoftware.com and Services, superseding any prior agreements between You and Bora (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other Bora services, third-party content or third-party software. Sections 9. Disclaimer of warranty, 10. Limitation of liability and 11. Intellectual Property survive the termination of the Terms.
13.2 English law and EU Regulations in force in England govern any action related to the Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods in connection with the use of services, software, website and any other intangible goods. You and Bora agree to submit to the personal and exclusive jurisdiction of the courts located within the jurisdiction of England and Wales, United Kingdom.
13.3 Bora controls and operates this Website from its headquarters in various locations in the United Kingdom and European Union and makes no representation that these Materials are appropriate or available for use in other locations. If You use this Website from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
13.4 The failure of Bora 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 endeavour 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 one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
13.5 These Terms represent the entire understanding relating to the use of the Website.