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Ispirer Migration and Modernization Web Services

Terms and Conditions

ISPIRER MIGRATION AND MODERNIZATION WEB SERVICES TERMS AND CONDITIONS

Copyright (C) 2017 Ispirer Systems LLC. All Rights Reserved.

GENERAL TERMS & CONDITIONS

These Terms and Conditions create an agreement between you and Ispirer Systems LLC. (“Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ISPIRER MIGRATION AND MODERNIZATION WEB SERVICES (“SERVICES”). BY USING THE ISPIRER MIGRATION AND MODERNIZATION WEB SERVICES, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST CEASE TO USE THE SERVICES.

This Agreement is entered into by and between Ispirer Systems LLC. (“Developer” or “Ispirer”) and the User. The “User” is any person or organization that will use the Services offered by Ispirer. Each User represents the ability to enter into contracts lawfully; if the User enters into this Agreement for an entity, the User represents its legal authority to bind that entity.

All the Ispirer Migration and Modernization Web Services are owned by Ispirer Systems LLC., copyrighted and made available to the Users.

1.   SERVICES OFFERED

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.

2.   BALANCE, PRICING AND PAYMENT

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.

3.   CHANGES

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.

4.   ACCURACY AND VALIDITY OF DATA

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.

5.   DATA PROCESSING

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.

6.   DATA PROTECTION AND MONITORING

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.

7.   TECHNICAL SUPPORT

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.

8.   USER’S RESTRICTIONS

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.

9.   DURATION, TERMINATION AND MODIFICATION OF THE AGREEMENT

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.

10.   PROPRIETARY RIGHTS AND NON-DISCLOSURE

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.

11.   NO WARRANTY

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.

12.   LIMITATION OF LIABILITY

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.

13.   APPLICABLE LAW AND SETTLEMENT OF DISPUTES

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.

Developer:

Ispirer Systems Limited a corporation organized and existing under the laws of theUnited States, with its head office located at 19125 North Creek PKW, STE 120, Bothell, WA 98011, USA.

http://www.ispirer.com/
www.ismmws.com