Any reference to “Webswing” shall mean Webswing Ltd. with its registered office at 93 Upper George's Street, Dun Laoghaire, A96 V1K8 Dublin, Ireland, or any of its affiliates.
Thank you for visiting www.webswing.org (“Website”) which is managed by Webswing. These Terms will apply whenever you browse or use this Website, including all its pages, contents, resources, as well as any linked pages or documents owned and operated by Webswing. These Terms apply also when you Sign In / Sign Up to our Webswing Client Portal (“Client Portal”) and to downloading the product, documentation, any other materials hereto, or using any services provided by Webswing (“Webswing Technology”). If you do not agree with these Terms or any part of it, please leave the Website and don’t use Webswing Technology. The materials contained and referenced in this Website are protected under applicable copyright and trademark laws. THE ACCESS TO THE WEBSITE SHALL BE DEEMED TO BE AN ACCEPTANCE OF THE PRESENT TERMS.
3. PERMISSION TO USE
The permission under these Terms is granted to temporarily download and use the Webswing Technology available on the Website together with demo examples or on Client Portal (“Temporary Permission”) for evaluation purposes only. This Temporary Permission shall automatically terminate if you violate any of the restrictions given by these Terms and may be terminated by Webswing at any time.
All subjects using Webswing Technology for commercial purposes or within the commercial organization need to acquire valid license to Webswing Technology. These Terms and Permission to Use do not apply to your access to and use of the products and services which are subject of commercial subscription in production and commercial environment.
Webswing Technology available for downloading on the Webswite, or Client Portal serves for evaluation purposes only and is marked as an evaluation version. It allows you to evaluate Webswing technology for free. This doesn't grant you any warranty and restricts you to use this version in production environments for commercial purposes or within the commercial organization.
Since Webswing Technology’s version 21.1 released in April 2021, using Webswing Technology under the conditions of Affero General Public License (“AGPL”) is not allowed and source code is not publicly available. Using Webswing Technology under the AGPL is possible up to the Webswing Technology’s version 20.2 only.
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5. DISCLAIMER – WARRANTIES AND LIMITATIONS
The Website is provided for general information purposes only. The content of this Website may include technical, typographical, or photographic errors. Webswing shall not be liable any way for errors or omissions in the Website. Although Webswing will make every reasonable effort to include accurate and current information on the Website, however, Webswing does not make any commitment to do so.
The Webswing Technology on the Website is provided “as is”. Webswing makes no representations or warranties, either express or implied, of any kind related to the information provided, and hereby disclaims and negates all such representations and warranties, created by law, contract or otherwise, including without limitation, warranties or conditions of merchantability, fitness for a particular purpose, title or non-infringement of intellectual property or other violation of rights.
In no event shall be Webswing liable for damages of any kind arising from use or access to the Website and/or inability to access and/or use the information on the Website, or from any modification to the information on the Website that Webswing may make at any time, including without limitation direct, indirect, special, consequential or incidental damages, even if Webswing was aware of the possibility of such damages.
You hereby indemnify, defend, and hold harmless Webswing and all of its affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors, and assigns (“Webswing Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses incurred by Webswing and/or Webswing Indemnified Parties in connection to any claims arising out of your use of the Webswing and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreement to these Terms. Webswing reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.
7. INTELLECTUAL PROPERTY RIGHTS
Except as otherwise indicated, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Webswing or its affiliates, its licensors, or other providers of such material and are protected international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All these rights are reserved. No license to or right in any such trademarks, patents, domain names, technologies, products, processes and other proprietary information or rights is hereby granted to you.
Under these Terms, you must not: modify or copy Webswing Technology; use the Webswing Technology for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Website; remove any copyright or other proprietary notations from the Webswing Technology; or transfer the materials to another person or “mirror” the Webswing Technology on any other server.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your Temporary Permission and right to use the Website will stop immediately and you must destroy any downloaded materials in your possession whether in electronic or printed format.
You expressly acknowledge that all access and use of this Webswite and its content is at your own risks and under your own responsibility. The links displayed in this Website can give an access to sites submitted to the laws of other countries. Therefore, all information, data about products or their various uses and/or applications set out in these different sites will only be valid under applicable laws and regulations of those countries. It is therefore the duty of the user to check their compliance with its own applicable laws and regulations.
You may link to Webswing’s homepage, provided you do so in a way that is fair and legal and does not damage Webswing’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
9. GOVERNING LAW
The use of this Website shall be governed by the laws of Ireland, and the courts of Dublin shall have exclusive jurisdiction over any disputes arising out or from such use for the Website or content hereof.
These Terms are updated and therefore valid since April 8th 2021