I. INTRODUCTION
These Terms of Service govern your use of this website; by accessing or
using this website, you, individually or acting as your principal’s agent
(“you”) accept these Terms of Service in full. If you disagree with these
Terms of Service or any part of these Terms of Service, you must not use
this website.
II. LICENSE TO USE WEBSITE
Unless otherwise stated, The Analytical Group, Inc. and/or its licensors own
the intellectual property rights in the website, and Material, information
and services (collectively, the “Material”) on the website. Subject to the
license below, all these intellectual property rights are reserved. The
Analytical Group, Inc. retains all rights not expressly granted herein. Nothing
in this Terms of Service constitutes a waiver of The Analytical Group Inc.'s
rights under United States Copyright law.
The Analytical Group, Inc. makes no claim to the data files, images, logos
or other information that you may upload to the website, nor to any reports,
charts, graphs, dashboards, etc. that you may generate by using the website.
Subject to your compliance with these Terms of Service, you may view,
download for caching purposes only, and print pages from the website for
your own use, subject to the restrictions set out below and elsewhere in
these Terms of Service. Any exceptions must be explicitly approved by The
Analytical Group, Inc.
You must not:
- Republish Material from this website (including republication on another website);
- Sell, rent or sub-license Material from the website;
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- Edit or otherwise modify any Material on the website;
- Decompile, disassemble, or otherwise reverse engineer any of the Material, provided through the website.
III. ACCEPTABLE USE
You must not use this website or the Material in any way that causes, or may
cause, damage to the website or impairment of the availability or
accessibility of the website; or in any way which is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal,
fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and
data harvesting) on or in relation to this website or the Material without
express written consent from The Analytical Group, Inc.
IV. TRIAL/EVALUATION PERIOD
Only the person and company that registered with The Analytical Group, Inc. is authorized to use the WinCross Executive
Premium Edition site for the 14-day evaluation period. The 14-day time period begins with the user registation and ends
after 14 consecutive calendar days.
Prohibited Uses -- You may not:
- transfer, distribute, rent, sublicense, or lease WinCross Executive or its documentation, except as provided herein.
- alter, modify, or adapt WinCross Executive or its documentation, or portions thereof including, but not limited to,
translation, uncompiling, disassembling, or creating derivative works.
- make copies of the documentation, WinCross Executive, or portions thereof.
- export WinCross Executive in violation of any United States export laws.
Upon expiration your access to Premium Edition services will cease. You may re-instate access by contacting sales@analyticalgroup.com.
V. PREMIUM EDITION SUBSCRIPTION TERMS AND CANCELLATION
Subscription to the Premium Edition of WinCross Executive is restricted to only the person and company that registered with
The Analytical Group, Inc. Subcription is on a continuous basis, meaning it will be automatically renewed for the same
subscription period unless you cancel. You may cancel your subscription any time by contacting us at sales@analyticalgroup.com.
If you cancel 3 business days prior to the expiry date your subscription will end and you will not be billed for the next period.
You will receive a confirmation email from The Analytical Group, Inc. confirming your cancellation.
Prohibited Uses -- You may not:
- transfer, distribute, rent, sublicense, or lease WinCross Executive or its documentation, except as provided herein.
- alter, modify, or adapt WinCross Executive or its documentation, or portions thereof including, but not limited to,
translation, uncompiling, disassembling, or creating derivative works.
- make copies of the documentation, WinCross Executive , or portions thereof.
- export WinCross Executive in violation of any United States export laws.
Upon cancellation your access to Premium Edition services will cease. You may re-instate access by contacting sales@analyticalgroup.com.
VI. DATA STORAGE
Files uploaded to the website are stored using a 1024-bit encryption algorithm.
The Analytical Group, Inc. also uses other industry-standard techniques to
safeguard files uploaded by you to the website. The website is NOT a data backup
service. You should maintain other copies of the files you upload for safekeeping.
VII. RESTRICTED ACCESS
Access to certain areas of this website is restricted. The Analytical Group,
Inc. reserves the right to restrict access to areas of this website, or
indeed this entire website, at its discretion. You must not share your user
ID and password with others either within your own organization or outside.
The Analytical Group, Inc. may disable your user ID and password in its sole
discretion without notice or explanation.
VIII. NO WARRANTIES
This website and the Material provided through the website are provided “as
is” without any representations or warranties, express or implied. The
Analytical Group, Inc. makes no representations or warranties (and its
licensors make no representations or warranties), either express or implied, in relation to this website
or the Material provided on this website and The Analytical Group, Inc.
expressly disclaims such representations and warranties on its behalf and on
behalf of its licensors.
Without limiting the generality of the foregoing paragraph and as a
non-limiting example, The Analytical Group, Inc. does not warrant that:
- This website will be constantly available;
- The information on this website is complete, true, accurate or non-misleading.
- The Material the website constitutes, or is meant to constitute, advice of any kind.
IX. CONFIDENTIALITY
The Material is the confidential information of The Analytical Group, Inc.
and its licensors. You agree to hold in confidence and not use (except to
exercise your rights or fulfill your obligations hereunder) or disclose the
Material. You also agree to take appropriate action by instruction or
agreement with your employees, consultants, and agents who are permitted
access to the website in order to exercise your rights under these Terms of
Service. However, you shall have no confidentiality obligation with respect
to any information which is or becomes publicly known through no act of your
own in breach of these Terms of Service, is independently developed by you
or is received unrestricted from another source who was not under an
obligation of confidentiality to The Analytical Group, Inc. or its
licensors.
X. LIMITATIONS OF LIABILITY
The Analytical Group, Inc. and its licensors will not be liable to you
(whether under the law of contact, the law of torts or otherwise) in
relation to the contents of, or use of, or otherwise in connection with,
this website and the Material: for any direct loss; for any indirect,
special, incidental or consequential loss; or for any business losses, loss of revenue,
income, profits or anticipated savings, loss of contracts or business
relationships, loss of reputation or goodwill, or loss or corruption of
information or data. These limitations of liability apply even if The
Analytical Group, Inc. has been expressly advised of the potential loss.
XI. EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty
implied by law that it would be unlawful to exclude or limit; and nothing in
this website disclaimer will exclude or limit The Analytical Group, Inc.’s
liability in respect of any:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- matter which it would be illegal or unlawful to exclude or limit, or to
attempt or purport to exclude or limit, its liability.
XII. REASONABLENESS
By using this website, you agree that the exclusions and limitations of
liability set out in this website disclaimer are reasonable. If you do not
think they are reasonable, you must not use this website.
XIII. OTHER PARTIES
You agree that you will not bring any claim personally against
The Analytical Group, Inc.’s officers or employees in respect of any losses
you suffer in connection with the website. Without prejudice to the
foregoing paragraph, you agree that the limitations of warranties and
liability set out in this website disclaimer will protect The Analytical
Group, Inc.’s officers, employees, agents, subsidiaries, successors, assigns
and sub-contractors as well as The Analytical Group, Inc.
XIV. UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be,
unenforceable under applicable law, that will not affect the enforceability
of the other provisions of this website disclaimer.
XV. INDEMNITY
You hereby indemnify The Analytical Group, Inc. and undertake to keep The
Analytical Group, Inc. indemnified against any losses, damages, costs,
liabilities and expenses (including without limitation legal expenses and
any amounts paid by The Analytical Group, Inc. to a third party in
settlement of a claim or dispute on the advice of The Analytical Group,
Inc.’s legal advisers) incurred or suffered by The Analytical Group, Inc.
arising out of any breach by you of any provision of these Terms of Service,
or arising out of any claim that you have breached any provision of these
Terms of Service.
XVI. GOVERNMENT RESTRICTED RIGHTS
If you are a governmental entity, the software included in the website is
commercial software and is provided under the most restrictive rights
applicable to such software.
XVII. BREACHES OF THESE TERMS OF SERVICE
Without prejudice to The Analytical Group, Inc.’s other rights under these
Terms of Service, if you breach these Terms of Service in any way, or for
other just cause as determined by The Analytical Group, Inc., The
Analytical Group, Inc. may take such action as The Analytical Group, Inc.
deems appropriate to deal with the breach, including suspending your access
to the website, prohibiting you from accessing the website, blocking
computers using your IP address from accessing the website, contacting your
internet service provider to request that they block your access to the
website and/or bringing court proceedings against you.
XVIII. VARIATION
The Analytical Group, Inc. may revise these Terms of Service from
time-to-time. Revised Terms of Service will apply to the use of this website
from the date of the publication of the revised Terms of Service on this
website. Please check this page regularly to ensure you are familiar with
the current version.
XIX. ASSIGNMENT
The Analytical Group, Inc. may transfer, sub-contract or otherwise deal with
The Analytical Group, Inc.’s rights and/or obligations under these Terms of
Service without notifying you or obtaining your consent. You may not
transfer, sub-contract or otherwise deal with your rights and/or obligations
under these Terms of Service.
XX. SEVERABILITY
If a provision of these Terms of Service is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect. If any unlawful and/or unenforceable
provision would be lawful or enforceable if part of it were deleted, that
part will be deemed to be deleted, and the rest of the provision will
continue in effect.
XXI. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and The
Analytical Group, Inc. in relation to your use of this website, and
supersede all previous agreements in respect of your use of this website.
XXII. LAW AND JURISDICTION
These Terms of Service will be governed by and construed in accordance with
the laws of Arizona, USA, and any disputes relating to these Terms of
Service will be subject to the exclusive jurisdiction of the courts of
Arizona.
XXIII. CONTACT US
If you have any questions regarding this Terms of Service or the practices
of this webite, please contact us by sending an email to sales@analyticalgroup.com
Last Updated: January 8, 2018