Terms and Conditions of Use
Please read these Terms and Conditions before accessing the Applied Human Factors, Inc. (AHF) website. The "AHF Site" includes all services, software, and content originating from or distributed on ahf-net.com and any of their domain aliases and subdomains. By accessing, downloading, installing, copying or otherwise using all or any portion of the AHF Site, you agree to these Terms and Conditions. If you disagree, you may not access, download, install, copy or otherwise use the AHF Site or any of its services, software, and content.
These Terms and Conditions constitute a legal agreement between you (an individual or legal entity) and Applied Human Factors, Inc. (hereinafter "AHF"), an incorporated company established and existing under US laws. Applied Human Factors uses the "AHF" and "REACH" marketing name for its software-related activities.
AHF may choose to modify these Terms and Conditions at any time and at its sole discretion. You agree to ensure your compliance with the latest version of these Terms and Conditions before accessing or using the AHF Site and its services, software, and content.
General
While visiting the AHF Site or using its services, software, and content, you may not post, transmit, or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the AHF Site its and services, software and content in a manner contrary to applicable law or that would serve to restrict or inhibit any other user from using or enjoying the AHF Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm, or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the AHF Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or copyright holder.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the AHF Site or to any server, or to any of the services or software offered on or through the AHF Site, by hacking, password mining or any other illegitimate or legitimate means.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate or outdated, and you bear all risks associated with seeing and/or using that content. Applied Human Factors has the right, but not the obligation, to remove any content that may, at its sole discretion, violate these terms and conditions or that is otherwise objectionable.
The AHF Site may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over other sites, and we are not responsible for any changes to, or content on them. Our inclusion on our site of any third-party content or a link to a third-party site is not an endorsement of that content or third party site.
Prices
AHF cannot guarantee the accuracy of pricing details on all materials on the AHF Site. The final amount of any purchase of AHF services or software will be clearly indicated before the order is finalized.
Software and Services License
AHF may, at its sole discretion, grant you a Demo License, a Commercial License or a NFR (Not For Resale, also called "Preview Center") License for services and/or software on the AHF Site. Unless otherwise stated, the Demo License Terms are applicable to your use of services and/or software on the AHF Site if you have not purchased or otherwise obtained a Commercial License for said services and/or software and have not obtained an NFR (Not For Resale, also called "Preview Center") License for said services and/or software.
Some of the software programs and services available for use on the AHF Site are intended for use by the disabled community. Under no circumstances shall any of these software programs or services be used to operate or control life-support software or equipment or to provide input to any program that operates or controls equipment that could cause damage or injury to the user or to others. These programs and services have NOT been tested for such purposes and such use IS NOT AUTHORIZED BY AHF.
The Demo License Terms are also applicable to your use of services and/or software on the AHF Site on any computers that are not covered under any NFR Licenses or Commercial Licenses you might have. The Commercial License Terms are applicable to your use of said services and/or software if you have purchased a Commercial License for said services and/or software. The NFR (Not For Resale) License Terms are applicable to your use of said services and/or software if you have been provided with an NFR License for said services and/or software by AHF or its subsidiaries.
Demo License Terms
AHF grants you a non-exclusive, non-transferable license to use the service or software for evaluation purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend the service or software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. The service or software may be time-limited, or disable any part of its feature set. The limitations of each specific service or software program might be stated on the AHF Site, in accompanying documentation, or during execution of said service or software. If you wish to use the service or software after the tryout period or if you wish to access functionality disabled for Demo purposes, you need to purchase a Commercial License to use the service or software.
Commercial License Terms
AHF grants you a non-exclusive license to use the service or software, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend the service or software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
The right to transfer the activated copy of the service or software to another computer is personal. You may transfer your license rights for an AHF service or software program only once and permanently to another person or legal entity under the conditions that you transfer said service or software in its entirety, you do not retain a copy of the service or software or any part thereof yourself and the receiving party reads and agrees to accept the terms and conditions of these Terms and Conditions.
NFR (Not For Resale) License Terms
AHF grants you a non-exclusive, non-transferable license to use the service or software for evaluation, promotional and/or review purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend the service or software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the NFR License null and void. If you wish to use the service or software for other than the stated purposes, you need to purchase a Commercial License to use the service or software. AHF may, at its sole discretion, decide to extend your allowed usage of the service or software beyond the stated uses and will inform you thereof via the website www.ahf-net.com or by contacting you by email, by phone, or in writing.
The rights to transfer your activation of the service or software to another computer are bound to you personally. You may not transfer your license rights for the service or software to another person or legal entity. If you know of anyone else who should obtain an NFR License for the service or software, please contact AHF through the 'About' section of the website www.ahf-net.com.
Limitation of License Validity
Any License to use a service or software program on the AHF Site granted to you under these Terms and Conditions License Agreement is limited to the current major version of said service or software. The major version of a service or software is defined as any version of said service or software of which the version number starts with the same number before the initial point: 2.0, 2.3.6, etc are all part of major version 2; version 3.0 belongs to major version 3. Marketing materials may use abbreviated or reasonably modified versions of the official version number.
Warranties
The services, software and any other content or information of the AHF Site are provided "as is" without warranty of any kind. The entire risk as to the results and the performance of the services, software and any other content or information on the AHF Site is assumed by you. To the maximum extent permitted by applicable law, AHF or any of its employees and affiliates shall not be liable for any consequential, incidental or direct damages suffered in the course of using the services, software, and other content on the AHF Site (see Limitation of Liability).
AHF does not and cannot warrant the performance or results you may obtain by use of the AHF Site, including any of its services, software, and content. AHF does not and cannot warrant that the AHF Site, including but not limited to any of its services and software operates error-free.
Intellectual Property Rights
Copyright and other intellectual, industrial, and/or proprietary rights on the AHF Site and any of its services, software, and content, and to any whole or partial copies that you make are owned by AHF or its licensors, unless otherwise specified. AHF permits you to use the AHF Site and any of its services, software, and content only in accordance with these Terms and Conditions. All rights not specifically granted by AHF are reserved by AHF. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of the AHF Site and any of its services, software, and content. AHF is willing to provide you the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that the AHF Site and any of its services, software, and content is the subject of copyright and other intellectual, industrial, or proprietary rights of AHF and/or third parties.
We do not claim any ownership in the intellectual property rights of others. All product, brand, or company names not belonging to AHF are the intellectual property of their respective owners.
Limitation of Liability
To the maximum extent permitted by applicable law, AHF or any of its employees and affiliates is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to damages rising from inability to use the AHF Site, its services, software, and content or access data, loss of data, loss of business, loss of profits, business interruptions, or the like) arising out of the use of, or inability to use the AHF Site, its services, software, and content even if AHF has been advised of the possibility of such damages. In no event shall AHF's total liability to you exceed the amount for which you purchased Commercial Licenses for software or services on the AHF Site. Notwithstanding the above, or anything else contained in these Terms and Conditions, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Term and Termination
The agreement to these Terms and Conditions is effective until terminated. Without prejudice to any other rights, AHF may immediately terminate this agreement if you fail to comply with any of the terms and conditions set out in this document. In such event you must cease all use of the AHF Site, including its services and content and destroy all copies of material made available through the AHF Site.
Applicable Law
These terms and conditions are governed by United States law. Any dispute concerning the use of the AHF Site, its services and content falls under the exclusive jurisdiction of the courts of Bexar County, Texas, United States of America.
You agree that AHF, at AHF's sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with these Terms and Conditions before the courts of Texas, USA or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by AHF.
Should you have any questions concerning these Terms and Conditions, please contact AHF through the 'About' section of the website www.ahf-net.com.