SoftwareArchives Member User Agreement
Please take a moment to review this User Agreement (the "Agreement"). This Agreement is an agreement between you (referred to hereinafter as "You", "Your," "Member," or "User") and SoftwareArchives.com .
This Agreement applies to SoftwareArchives.com (collectively, the "Site"). This agreement also applies to the various services offered as well as other services that may be added (collectively, the "Services").
While the Sites each offer a different combination of services and tools, this agreement reflects our approach to memberships across our Site and Services.
1. Acceptance of Agreement
When you complete the member registration process, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (these "Terms") at any time at: http://www.softwarearchives.com/policy.cfm . Your continued use of our services signifies your binding acceptance of the changes. This Agreement will always be available on this page for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Subscription Service by visiting https://www.softwarearchives.com/members/cancel.cfm.
Our Sites and Services provide you with opportunities to link to, or otherwise use, sites and services offered through our third-party service providers, including email. Your use of these third-party services is subject to terms posted by these third-party service providers. We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to our visitors. Such third-party linked sites are not under SoftwareArchives control and SoftwareArchives is not responsible for and does not endorse their content. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties.
2. About Our Services
A). SoftwareArchives Sites and Services. As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various communication tools, personalized content and branded programming through SoftwareArchives Site and Services. Some Services offered on SoftwareArchives are presently provided free of charge. It is possible that this could change in the future.
B). Service Limitations. You agree that SoftwareArchives Site and Services, including the services of our third-party service providers, are provided "AS IS." SoftwareArchives Site and Services and our third-party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.
C). Service Changes and Discontinuation. SoftwareArchives reserves the right to change or discontinue, temporarily or permanently, the Site and Services at any time without notice. You agree that SoftwareArchives will not be liable to you or any third party for any modification or discontinuance of this Site and Services.
D). Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in SoftwareArchives Site and Services registration forms (we call this information "Registration Data"). Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.
E). Protect Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. Notify SoftwareArchives immediately of any unauthorized use of your password or account or any other breach of security. You must promptly change your password and notify SoftwareArchives of the problem.
F). Obey the Law. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property rights of others.
G). Content Restrictions. SoftwareArchives Site and Services attempt to provide some of the very best content available on the web and make it available to you on the Web for your personal, non-commercial use. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part of SoftwareArchives Site and Services are protected by international copyright and Trademark laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on SoftwareArchives Site and Services is strictly prohibited without the prior written permission of SoftwareArchives.com . Content that is publicly available on SoftwareArchives Sites and Service may not be stored in a computer, except for personal and non-commercial use.
H). Limits on Uses of User Information. By using any SoftwareArchives Site or Service, you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user's (whether specific to any particular user or as an aggregation) information accessible through SoftwareArchives, including but not limited to any Commercial Purpose. "Commercial purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences; using the data for targeted marketing campaigns; or using the data to offer services to SoftwareArchives users. SoftwareArchives reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above. You may not probe, scan or test the vulnerability of the Sites or Services, nor breach the security or authentication measures on the Site or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or Services, including any SoftwareArchives account not owned by you, to its source, or exploit the Sites or Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or with any other person's use of the Sites or Services. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to SoftwareArchives on or through the Site and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
3. Rights You Grant to the SoftwareArchives Sites
A). SoftwareArchives Advertising. The SoftwareArchives Site and Services rely on advertisers to help fund the services that we offer to our members. In order to continue our service, you agree that the SoftwareArchives Site and Services may display advertisements and promotions of all kinds in and with the services.
B). Account Access. In order to ensure that the SoftwareArchives Site and Services are able to provide high-quality services that are responsive to our members' needs, you agree that SoftwareArchives employees have access to your account and records as reasonably needed to investigate complaints.
4. Other Legal Stuff
A). Disclaimer of Warranties. You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. SoftwareArchives and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
SoftwareArchives 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 service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from SoftwareArchives Site and Services, our third party service providers, or through or from the Service will create any warranty not expressly stated in the Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.
B). No Endorsement of User Content. You acknowledge and agree that SoftwareArchives Site and Services do not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that SoftwareArchives Site and Services do not pre-screen any user posted content, but that SoftwareArchives and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Sites and Service. User is defined as any person who visits SoftwareArchives Sites and receives information or uses SoftwareArchives Services.
C). Limitation of Liability. You agree that the SoftwareArchives will not be liable to you for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the SoftwareArchives Sites have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service. If, notwithstanding the other provisions of this Agreement, SoftwareArchives is found to be liable to you for any damage or loss which arises out of our is any way connected to your use of the Sites or Services, SoftwareArchives liability shall in no event exceed the greater of (i) the total of any subscription or similar fees with respect to any Service or feature of .
D). Indemnification. You agree to protect and fully compensate SoftwareArchives Site and Services and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the Site or Services, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
E). Copyright Infringement. SoftwareArchives respects the intellectual property of others, and we ask our users to do the same. SoftwareArchives may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SoftwareArchives Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
SoftwareArchives Designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
F) More Stuff.
SoftwareArchives rights under this Agreement may not be waived unless SoftwareArchives agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with SoftwareArchives prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.
All matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of California, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and SoftwareArchives Site and Services.
II. Subscription Terms of Service
THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("SUBSCRIBER", "YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND SOFTWAREARCHIVES.COM ("OUR," "US," "WE" "SOFTWAREARCHIVES.COM"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING SOFTWAREARCHIVES.COM PREMIUM SERVICE (THE "SERVICE"). BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST DISCONTINUE THE REGISTRATION PROCESS.
1. Payment Obligation and Credit Card Authorization
You are responsible for paying periodic subscription fees. All listed fees are in U.S. dollars.
As a subscriber to SoftwareArchives Site and Services, you agree that we are permitted to charge your credit card (or other approved facility) to pay for the initial Service subscription, any automatic renewals and any other charges you may incur in connection with your use of SoftwareArchives Site and Services. The subscription fee will be billed at the beginning of your subscription and on each annual or monthly renewal thereafter, dependant on the original subscription term selected at registration, unless you cancel at least 5 days prior to the renewal date pursuant to the process set forth below.
2. Renewal and Cancellation of Your Subscription.
You give permission for us to automatically renew your subscription and charge your account up to five (5) days prior to the day on which your subscription is scheduled to end. However, you may "opt out" of this automatic renewal by visiting https://www.softwarearchives.com/cancel.cfm and canceling on your own or by using our online form to notify us. We will cancel your account upon receipt of such notification from you. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable. Only in cases of demonstrated fraud will these payments be refunded. Our services are subscription based. You acknowledge that canceling your subscription will not immediately terminate access to the Subscription Services. Your subscription will remain open until the paid period expires. You further acknowledge that we will not refund the remaining portion of your subscription. You acknowledge and agree that the authorization to charge your credit card for Services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order Services online.
Payment must be made by a major credit card accepted by SoftwareArchives.com, check, or money order (U.S. dollars only). If we do not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT SoftwareArchives.com, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
SOFTWAREARCHIVES.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY SOFTWAREARCHIVES.COM , EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT SOFTWAREARCHIVES.COM . SoftwareArchives MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your Subscription Service by visiting https://www.softwarearchives.com/members/cancel.cfm. Again, canceling will not immediately terminate access to your account and SoftwareArchives.com will not refund the remaining portion of your subscription. The subscription will remain open until the paid period expires YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. SOFTWAREARCHIVES IS NOT RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBCRIPTION EITHER IN WRITING, BY EMAIL, FAX, OR LETTER OR ON THE WEB SITE. YOU AGREE AND ACKNOWLEDGE THAT SOFTWAREARCHIVES.COM SHALL NOT REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT REMAIN UNADDRESSED PAST THE 60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
There shall be no Refunds, except in demonstrated cases of credit card fraud or under the terms agreed to when purchasing a product or service as agreed to during the payment process. You understand and agree that as a result of processing a refund SoftwareArchives.com incurs certain administrative costs, and that the fees below are a fair and accurate assessment of those costs. Should a refund be permitted, all refunds (except those due to demonstrated instances of credit card fraud) are subject to a restocking fee as follows:
- Subscriptions: $2.50 per charge refunded
3. Termination of Your Subscription
You may terminate your subscription at any time. When you terminate your account, it will not be automatically renewed and access will be terminated immediately, without refund. You acknowledge that SoftwareArchives.com, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if SoftwareArchives believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or any SoftwareArchives User Agreements. SoftwareArchives may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that SoftwareArchives may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that SoftwareArchives shall not be liable to you or any third-party for any termination of your access to the Service. YOU AGREE AND ACKNOWLEDGE THAT SOFTWAREARCHIVES.COM SHALL NOT BE REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST THE 60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
4. Trial Memberships
SoftwareArchives occasionally offers promotional trial memberships to its premium services at special discounted prices. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the Service at the end of the trial period, unless you cancel at least 24 hours before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. We will continue to bill your credit card for the Service at the standard Service rate and renewal term thereafter, dependant on the original subscription term selected at registration, until you cancel. Your subscription is cancelable at anytime by visiting https://www.softwarearchives.com/members/cancel.cfm.
5. Subscriber Information
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you subscribe to the Service, you will have an account and enter a password. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You must promptly inform SoftwareArchives of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until SoftwareArchives is notified by e-mail of a breach in security, you will remain liable for any unauthorized use.
You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of premium services is through a combination of an ID and a password. You must keep your password strictly confidential. SoftwareArchives will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
No warranty is made by SoftwareArchives regarding any information, services, or products provided through or in connection with premium services, and SoftwareArchives hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You hereby warrant and represent that you are in all respects qualified and competent to enter into this agreement.
8. Limitations of Liability
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
9. Use Restriction
The material on SoftwareArchives Site and Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. SoftwareArchives spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from SoftwareArchives Sites or Services, without express written permission from SoftwareArchives.com . You agree that if you do so, SoftwareArchives reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
This Agreement may be modified from time to time without notice to you and changes are effective immediately upon posting on the Sites or Services. Your continued use of the Service constitutes your binding acceptance of this Agreement, including any changes or modifications we may make. If any part of this Agreement or any future changes to this Agreement are not acceptable to you, your only recourse is to terminate this Agreement. We may change, suspend or discontinue all or any aspect of the Service at any time, including availability of any Service feature, database or content, without prior notice or liability. YOU AGREE AND ACKNOWLEDGE THAT SOFTWAREARCHIVES.COM SHALL NOT REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST THE 60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
Notices by SoftwareArchives to subscribers may be given by means of electronic messages or by a general posting on the Sites or Services.
12. The Agreement
This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or federal law. SoftwareArchives expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and SoftwareArchives with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SoftwareArchives with respect to the Service. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and SoftwareArchives will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the SoftwareArchives Site and Services or our third party service providers will create any warranty not expressly stated. SoftwareArchives makes no representation or warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) any third party provided software, drivers, mods, or other materials are non-infringing, accurate or reliable (iv) the results that may be obtained from the use of the Services will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (vi) any errors in SoftwareArchives or third party software will be corrected.
No material will be sent to you via email or postal service. Our service is provided online only and failure to obtain your download will not be exchanged for tangible goods or sent via email.
14. The parties have agreed that this Agreement shall be written in English.
Direct Questions or Notices to SoftwareArchives.com as follows:
Attn: Customer Service
PO Box 2160
North Hills , CA 91393