ICON SYSTEM TERMS AND CONDITIONS OF USE

INTRODUCTION: In return for ICON allowing you access to this System, ICON imposes and requires you to accept these Terms and Conditions of Use. If you are not prepared to agree to these terms then ICON requires you to leave this System immediately. You may not use or access the ICON System.

INDEMNITY: You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by you or any other liabilities arising out of your use of this Website.

ICON'S RIGHTS: ICON reserves the right to:

• modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that ICON shall not be liable to you or any third party for any modification to or withdrawal of the Website; and / or change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed.

If you do not agree to any change to the Conditions then you must immediately stop using the Website.

ICON SYSTEM COOKIES AND THE EU COOKIE LAW (E-PRIVACY DIRECTIVE): A cookie is a small text file, typically of letters and numbers, downloaded on to a device when the user accesses certain websites. Cookies are useful because they allow a website to recognise a user’s device. If an ICON System website user checks the 'Remember Me' tick box on the Login page, or the 'Enable Auto Login' tick box on the My Settings > Preferences page, a cookie will be saved on the device that the user is accessing the website from.  This cookie is used for the SOLE purpose of letting the user automatically login, without the need for entering an email address /  user name and password on each visit to the website.

THIRD PARTY LINKS: To provide increased value to our users, ICON may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website ICON is not responsible for the availability of such external sites or resources, and does not review or endorse and is not responsible or liable, directly or indirectly, for:

• the privacy practices of such websites
• the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
• the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources

INTELLECTUAL PROPERTY AND RIGHT TO USE: You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in ICON or its licensors. You are permitted to use this material only as expressly authorised by ICON its licensors. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

COMPLIANCE WITH LAWS: The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website.

LIMITATION OF LIABILITY: Whilst ICON we will use reasonable endeavours to verify the accuracy of any information placed on the Website, it make no warranties, whether express or implied in relation to the accuracy of the information. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, or conditions of completeness.

ICON makes no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. ICON will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website. ICON will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
  Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

SEVERANCE: If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

WAIVER: No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

SURVIVAL: Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

ENTIRE AGREEMENT: These Conditions govern ICON's relationship with you. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Nothing in this Clause shall limit or exclude ICON's liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

LAW: The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

ANALYTICS TOOLS AND TECHNOLOGY: Elecosoft uses third party analytics tools to collect information concerning your and other users’ habits and use of the Product. The information collected may contain the following, without limitation: device identifier, operating system, location information, license key, customer identifier, Product session identifier, date and time spent on the Product, metrics and statistics, feature usage, and other similar information. The analytics tools and technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other Elecosoft Products and services with information collected from other third-party websites and services. Standing alone, this information is not personal data; however, if Elecosoft combines any of this information with personal data, Elecosoft will treat this information as personal data pursuant to our Privacy Policy.

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Tel  01858 468345   •   Helpdesk   01858 436925   •   Web   www.elecosoft.com
Our terms and conditions are available on our website