Copyright (C) 2017 Ispirer Systems LLC. All Rights Reserved.
The User is offered by Ispirer to use the Services for converting program codes
(hereinafter “Codes”) from source programming language into target programming
language using the website www.ismmws.com (the Website).
Once your personal profile is created, the Service will accept your code in one
of the supported source programming languages and will automatically convert it
into the requested target language without human interaction. One-time
conversion is available for no more than 100,000 characters. One free trial for each type of converting directions is available to each User and
allows to convert codes containing not more than 1,000 characters for testing/evaluation purposes only.
Any further code conversions are paid and require User’s personal Balance to be activated.
User’s personal Balance (the Balance) is available for the registered User. The
Balance contains a number of characters prepaid by the User via any payment
system suggested by Ispirer in accordance with the established rates. Ispirer
has the right to change rates without any notice. If Ispirer changes the rates,
the amount of already prepaid User’s characters remains unchanged. Time limit
for the use of prepaid characters – 1 (one) year since the last replenishment of
the Balance; if characters are unused within that time, they will expire.
Ispirer, at its own discretion, may change or remove features or functionality,
as well as change any of the Services provided through the Website from time to
time.
Ispirer does not accept any liability for the data uploaded or for the resulting
converted codes. It is solely the User’s responsibility to determine
the suitability of the data for its intended purpose. Ispirer assumes no
responsibility for the timeline, accuracy, reliability, completeness or
usefulness of any statement, opinion, advice, service or other information
contributed by any User or any third party. Ispirer will make reasonable efforts
to convert the code via the Services accurately, but does not accept liability
for its accuracy.
Once the code is converted, the User will be able to save, download or copy the
result. Both uploaded code and the result, as well as information about the type
of conversion, will be stored by Ispirer within 1 (one) year and open for User’s
access through the personal account. If the result was not downloaded within the
available timeframe it will be deleted and conversion can not be reclaimed.
Servers, which are used to provide functionality of the Services, are setup to
be secure. Ispirer does not hand over any User’s data to third parties without
prior written authorization from the User. User’s codes stored by Ispirer within
1 (one) year may be used by Ispirer to improve the Services only. Ispirer also
may, at its own discretion, monitor the Services and Users’ activities thereof
to determine and ensure compliance with these Terms and Conditions and to
protect itself and other Users from fraudulent, unlawful or abusive use of the
Services.
Technical support is not provided along with the Services. The User may refer to Ispirer
specific case or question via feedback form on the Contact us tab and Ispirer is
entitled to either decline or decide on that case in its sole discretion.
The User
may not modify or enhance or alter the Services in any way. The User may not
remove or alter any copyright notices or other proprietary notices on any copies
of the Services. The User may not also reverse engine or attempt to extract the
source code of the Services.
The User
may not copy, rent, lease, sell, license, sublicense or distribute in any other
way any part of the Services, the Services on a standalone basis or as part of a
developed application or service.
The User may not share the personal profile data and password enabling others to use the Services
without registering a new account with new email address.
The User is responsible for all activities that occur under
User’s personal account, regardless of whether the activities are undertaken by
the User, User’s employees or any third party (including User’s contractors and
agents) and, except to the extent caused by Ispirer’s breach of this Agreement,
Ispirer is not responsible for unauthorized access to User’s account. User has
to delete the personal profile if believes an unauthorized third party may be
using User’s account or if the account information is lost or stolen.
This Agreement
becomes effective on the date User starts to use the Services and will
automatically terminate if the User breach any of its terms.
The User may terminate this Agreement for any reason by removing User's personal
account. Ispirer may terminate this Agreement for any reason by providing User
with 30 days advance notice.
Ispirer may modify
this Agreement at any time by posting a revised version on the Website.
The User
agrees that the Services and the authorship, systems, ideas, methods of
operation, documentation and other information contained in it, are proprietary
intellectual properties and/or the valuable trade secrets of Ispirer or its
and/or licensors and are protected by civil and criminal law, and by
the law of copyright, trade secret, trademark and patent of the United States,
other countries and international treaties.
The User may use trademarks only insofar as to identify printed output produced by the
Services in accordance with accepted trademark practice, including
identification of trademark owner’s name. Such use of any trademark does not
give the User any rights of ownership in that trademark.
Ispirer and/or its suppliers own and retain all right, title, and interest in and to all
Services, including without limitations any error corrections, enhancements,
updates or other modifications to the Services, whether made by Ispirer or any
third party, and all copyrights, patents, trade secret rights, trademarks, and
other intellectual property rights therein. The User’s use of the Services does
not transfer to the User any title to the intellectual property, and the User
will not acquire any rights to the Services except as expressly set forth in
this Agreement.
Ispirer reserves all rights not expressly granted to the User in this Agreement.
THE SERVICE IS OFFERED TO THE USER “AS IS” AND ISPIRER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE.
ISPIRER DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THE USER MAY OBTAIN BY
USING THE SERVICE. ISPIRER MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR
TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR
OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION OF THIRD PARTY RIGHTS,
MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, FOR ANY PARTICULAR PURPOSE.
ISPIRER DOES NOT AND CANNOT WARRANT THE PERFORMANCE OF THE ISPIRER MIGRATION
AND MODERNIZATION WEB SERVICES 24/7 AND ISPIRER IN NO WAY IS
RESPONSIBLE FOR FAILURE IN PERFORMANCE OF THE ISPIRER
MIGRATION AND MODERNIZATION WEB SERVICES CAUSED BY TECHNICAL BUGS OR OTHER
CONDITIONS BEYOND REASONABLE CONTROL OF ISPIRER.
IN NO EVENT WILL ISPIRER BE LIABLE TO THE USER FOR ANY DAMAGES, CLAIMS OR COSTS
WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST
PROFITS OR LOST SAVINGS, EVEN IF AN ISPIRER REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY
THIRD PARTY. ISPIRER’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS
AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICE, IF ANY.
This
Agreement shall be governed by law of state of New York as well as by relevant
international intellectual property law treaties. Any controversy or claim
arising out of or relating to this Agreement, or the breach thereof, shall be
settled by arbitration administered by the American Arbitration Association
under its Commercial Arbitration Rules, and judgment on the award rendered by
the arbitrator(s) may be entered in any court having jurisdiction thereof. If
the AAA is selected as the administrating agency, the claim is filed together
with a filing fee based upon the amount of the claim.