Mindview Suite Subscription Tos En.
Mindview Suite Subscription Tos En.
These are the Terms of Service (Agreement) that govern Your rights to use the Service and the free trial of the
Service. This Agreement, unless explicitly stated, also govern any additional features that may be added to the
Service. This Agreement is subject to Terms of Service (TOS) and End User License Agreement (EULA) for
services and software applications included in the Subscription. This Agreement takes precedence over the
other TOS and EULA agreements should they conflict with these Terms.
BY ACCEPTING THIS AGREEMENT, BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT,
YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF
OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH
ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR
"YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF
YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND
MAY NOT USE THE SERVICES.
You must be 13 or older, or 16 or older in the European Union, to register for an individual MatchWare
Account. Schools that participate in the primary and secondary education Subscription program may assign an
account to a child under 13 (under 16 in the EU) subject to applicable laws and MatchWare’s Privacy Policy.
1. DEFINITIONS
"Account" means the Account purchased from MatchWare in which several Users can be created.
"Account Owner" means the company or other legal entity and Affiliated Enterprise of that company or entity
that purchase an Account.
"Affiliated Enterprise" means a subsidiary or affiliated company to the Account Owner, in which the Account
Owner holds controlling interests. This is generally defined by the Account Owner holding more than 50% of
the shares. This Agreement allows a global Affiliated Enterprise to be enrolled.
"MatchWare" means the MatchWare company described in Section 14.3 (Governing Law and Who You Are
Contracting With).
"Service" means services such as MindView Online, MindView Drive, MindView Assist, Public Maps,
MatchWare websites, MatchWare Support, Online User Guides, and software applications MindView for
Windows and MindView for macOS, included and accessible through this Subscription.
"Subscription" means the subscription purchased from MatchWare, which defines how many Users are
allowed to access the Service for the period of time covered by the Subscription.
"Effective Date" shall be the date of invoice for the Service.
"External User" means a User or Account Owner belonging to another Account. The Service allows You to
collaborate with External Users from other Accounts.
"Free Trial" means the Service made available by MatchWare for testing purposes without any expense to You
for a designated period of time. MatchWare reserves the right to determine the length of the trial period and
to change the feature offering made available during such trial period. MatchWare reserves the right to charge
You for specific customization of the trial version such as, but not limited to, user configuration and general
setup. You will be notified by MatchWare if any customization fees apply.
"Viewer" means a Read Only version of the Service. The Service will become a Viewer when the Subscription
has expired.
"User Guide" means the online User Guide for the Service, as updated from time to time.
"Users" means individuals who are authorized by You to use the Service under Your Account, for whom
Subscriptions to a Service have been purchased, and who have been supplied user identifications and
passwords by You. You cannot share the same identification and password between multiple Users. Users may
include but are not limited to Your employees, consultants, contractors and agents; or third parties with which
You transact business.
"Third Party Applications" mean any external applications that the Service is dependent on to perform specific
functions such as, but not limited to, screen sharing and data management systems.
"You" or "Your" means the Account Owner or any authorized User of the Account. The Account owner and
Users are also referred to as Internal Users.
"Your Data" or "Content" means all electronic data or information submitted by You to the Services.
2. USE OF SERVICE
2.1 Your Responsibilities
A. You shall be responsible for acceptance and compliance with this Agreement.
B. You may not make the Service available to anyone other than Users, sell, resell, rent or lease the Service.
C. You shall use reasonable commercial efforts to prevent unauthorized use of the Service and inform
MatchWare immediately when such unauthorized usage is known.
D. You shall be responsible for maintaining the confidentiality of usernames and passwords.
E. You shall be responsible for the contents submitted through the Service in terms of legality, accuracy and
integrity of Your Data. You may not store or submit tortuous, infringing or libelous material, nor Data that
violates with third party rights.
F. You may not store and submit any Malicious Code such as viruses, worms, Trojan horses etc.
G. You may not interfere or disrupt the Service or servers or networks related to the Service, including
attempting to gain unauthorized access to the Service and its related systems.
H. You may not upload, email, transmit, post or make available any Data that is of a "spamming" nature.
I. You may reassign the Subscription to another user, but not within 90 days of the last assignment, so long as
there is no possibility of it being used by more than one person.
J. You may not re-assign a DSA (Disabled Student Allowance) Subscription or license available in the United
Kingdom.
5.2 Disclosure
You acknowledge, consent and agree that MatchWare may access, preserve and disclose Your Data if required
by law to do so or in a good faith belief that such actions are reasonably necessary to enforce these Terms of
Service, comply with the legal process, respond to claims that Your Data violates the rights of third parties,
respond to Your requests for customer service and protect the rights, property and personal safety of
MatchWare, Users and the public. You agree that MatchWare reserves the right to modify and change general
practices and limits from time to time.
5.3 Statistics
You acknowledge, consent and agree that MatchWare may use Your Data for usage statistics to enhance
future development of The Service, as long as MatchWare removes all references to You and personal
information of Users included in Your Data.
6.6 Clipart
This Service may contain clipart ("Clipart") such as images and icons etc. All intellectual copyright for the
Clipart is owned by MatchWare A/S or licensed by MatchWare A/S.
MatchWare grants You a non-exclusive, non-sublicensable right to use the Clipart in documents and websites
created with this Service. There is no royalty due for such use to MatchWare. The Clipart may not be
sublicensed or made available to any person or entity that does not have a legal license of this Service.
8. SUPPORT
MatchWare will provide online support (Level 1) for the Service at no additional charge.
To access the FAQ: https://faq.matchware.com/en/
Submit questions under the “Contact” tab.
Phone support (Level 1) is provided for technical issues (including Service defects), but not custom
configurations, operational inquiries or general use. Phone support can be obtained at these offices during
normal business hours:
MatchWare US: 1-800-880-2810, 9am to 6pm EST
MatchWare UK: +44 208 940 9700, 9am to 6pm GMT
MatchWare France: (0)810000172, 9am to 6pm GMT+1
MatchWare Germany: 040 543764, 9am to 6pm GMT+1
MatchWare DK: +4586208820, 9am to 5pm GMT+1
For Level 2 and 3 support, which includes custom configuration, operational inquiries, general use and training,
You must purchase Support Packages.
MatchWare will use its best efforts to recreate and resolve defects with respects to the Service. However, You
might be asked to validate Your issues in an isolated environment in order to proceed with a resolution. If
MatchWare needs to access Your Data, You must provide MatchWare written consent and acceptance
therefore.
Support is available in English, French, German, and Danish.
Business hours and languages supported are subject to change by MatchWare at any given time as long as the
support level is not reduced.
9.1 Suggestions
MatchWare will have worldwide, irrevocable, royalty-free, perpetual license to use, develop and include in the
Service any suggestions, recommendations or improvement requests or feedback from You, including Users, to
the Service.
10. CONFIDENTIALITY
10.1 Definition of Confidential Information
"Confidential Information" means information of value to the owner of such information, not generally known
to the public, and treated as confidential. Confidential Information shall include Your Data, MatchWare
Confidential Information shall include the Service, and Confidential Information may include Terms of Service
in this Agreement. For the avoidance of doubt, Confidential Information includes all proprietary software,
documentation, and business information, including, but not limited to, software applications, software
application releases, licensing, pricing, techniques, algorithms, processes, financial information, sales and
marketing information.
However, Confidential Information (other than Your Data) does not include information that: (a) is publicly
available prior to or at the time of disclosure, or later becomes publicly available through no act of the
Receiving Party; (b) was, prior to disclosure hereunder, rightfully known to the Receiving Party (other than in
connection with this Agreement) without confidentiality restriction; (c) is developed by the Receiving Party
independently of any of the Confidential Information received in confidence from Disclosing Party, as
evidenced by the Receiving Party's written records; or (d) is rightfully received by the Receiving Party from a
third party without restriction and without breach of any obligations of confidentiality running to the
Disclosing Party.
Each party acknowledges that, as a result of this Agreement, it may gain access to certain Confidential
Information of the other party. For purposes of this Agreement, the party disclosing Confidential Information is
considered the "Disclosing Party", and the party receiving such Confidential Information is considered the
"Receiving Party".
During the term of this Agreement and for a period of five (5) years thereafter, each Receiving Party agrees:
a. To hold the Disclosing Party's Confidential Information in strict confidence, using the same degree of (but
no less than reasonable) care and protection that it exercises with its own Confidential Information of a
similar nature;
b. Not to reproduce, reverse engineer, decompile, or disassemble the Confidential Information by any means
or for any purpose;
c. Not to directly or indirectly disclose, distribute, or otherwise make available any Confidential Information of
the Disclosing Party to a third party;
d. Not to copy or use Disclosing Party's Confidential Information for any purpose other than as necessary to
fulfill Receiving Party's obligations or exercise its rights under this Agreement;
e. To disclose the other party's Confidential Information only to its employees with a need to know in order to
fulfill such party's obligations hereunder and who have been informed of and have agreed to abide by the
provisions of this Agreement; and
f. To disclose Confidential Information of the Disclosing Party to the extent that such disclosure is approved in
writing by the Disclosing Party or is required by law or by the order of a court or similar judicial or
administrative body, provided that the Receiving Party notifies the Disclosing Party of such required
disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party's
reasonable request and expense, in any lawful action to contest or limit the scope of such required
disclosure.
14.2 Notices
Notices under this Agreement shall be sufficient only if personally delivered, delivered by a major commercial
rapid delivery courier service, delivered by facsimile transmission confirmed by first class mail, or mailed by
certified or registered mail, return receipt requested, to a party at its address set forth herein or as amended
by notice pursuant to this subsection. If not received sooner, notice by mail shall be deemed received seven (7)
days after deposit. Who You should direct notices to depends on where You are domiciled, see Section 14.3.
14.7 No Waiver
No waiver of any term or condition of this Agreement shall be valid or binding on either party unless the same
shall have been mutually assented to in writing by both parties. The failure of either party to enforce at any
time any of the provisions of this Agreement, or the failure to require at any time performance by the other
party of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver
of such provisions, nor in any way effect the ability of either party to enforce each and every such provision
thereafter.