Dokuments Terms and Conditions of Use (updated 30 January 2012)
Dokuments is intended for use only for lawful purposes. You must agree to these Terms and Conditions of Use in order to use Dokuments. You also agree to review this agreement periodically in order to be aware of modifications to the agreement, which Cascade Data Systems may make from time-to-time and at any time. Your continued access to or use of this software will be deemed your conclusive acceptance of any modified agreement.
You are consenting to be bound by and are becoming a party to this agreement, the terms and conditions of which shall prevail in governing your rights of use.
By clicking the "Login", "Continue", or "Next" button, you are consenting to be bound by and are becoming a party to this agreement.
If you do not agree to all of the terms of this agreement, you must not select the button indicating "Login", "Continue", or "Next" and you must not install or use the software.
- "Dokuments" refers to Dokuments software system created by Cascade Data Systems, LLC.
- "Cascade" refers to Cascade Data Systems, LLC, a Washington-state corporation.
- "You", "User", and "Customer" refers to the user.
- "Software" refers to Dokuments software and documentation.
- "Site" refers to the website that hosts your licensed copy of Dokuments software web system.
- "Agreement" refers to this terms and conditions of use agreement
- "Terms" refers to the terms and conditions of use found within this Agreement
2. LICENSE: Cascade hereby grants to You a worldwide, non-royalty bearing, non-transferable, non-exclusive license to use the Software according to the provisions contained herein and subject to payment of all applicable fees.
- The rights granted under this Agreement are effective only upon payment of the licensing fees, which are strictly non-refundable other than as expressly provided herein.
- Support will be provided upon payment of applicable fees.
- Any attempts to circumvent, bypass, modify, disable, or tamper with the feature restriction / license verification system is strictly prohibited.
- Cascade reserves the right to make pricing changes at any time.
- Cascade reserves the right to refuse service to anyone at any time without notice for any reason.
4. RESTRICTIONS: You may NOT do any of the following:
- Alter the software to bypass the feature restrictions, or use features that you have not paid for, or are not allowed by your license. For instance, you may not use SSL, authorize.net integration, subdomains or data encryption without the appropriate paid license;
- Use or create code to enable advanced features (such as encryption, subdomains, and/or e-commerce) which is not provided by and/or authorized by Cascade Data Systems;
- Permit others to use your account login;
- Copy, duplicate, redistribute, or republish the Software without written permission from Cascade;
- Publish or otherwise disseminate the Software without written authorization;
- Delete or modify any author attributions, legal notices, or proprietary designations or labels;
- Violate Cascade's security mechanisms, access any user account, data or server you are not authorized to access; or otherwise breach the security of the Software or corrupt the Software in any way;
- Use the Site in any manner that adversely affects the availability of its resources to other users;
- Transmit any material that that contains a virus or corrupted data;
- Use the Software to create systems that compete with the Software, or create derivative works based on the Software;
- Use the Software to send or publish unsolicited commercial email(aka "junk mail").
- Use the Software for morally objectionable activities which include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way.
- Use the Software for any of the following types of content: pornographic, obscene or excessively profane content or content intended to advocate or advance computer hacking or cracking, gambling, illegal activity, drug paraphernalia, hate, violence or racial or ethnic intolerance.
Dokuments and the Dokuments.com website are owned and operated by Cascade Data Systems, LLC, as a corporation of record.
All materials in the Software are the property of Cascade unless otherwise specified.
No material from these pages may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way.
Modification of the materials or use of the materials for any other purposes is a violation of the U.S. Copyright law and other intellectual property laws.
For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.
5. PERMITTED USES. Customer may use the Software to:
- Create applications for Customer's business and/or clients;
- Sell or license code created by the Software, provided that the application(s) in question is (are) in accordance with Cascade's license policy, and that all applicable fees have been paid for.
6. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CASCADE PROVIDES THE SOFTWARE AS-IS WITH NO WARRANTIES, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
7. LIMITED REMEDY/EXCLUSION OF DAMAGES. CUSTOMER'S SOLE REMEDY UNDER THIS AGREEMENT IS LIMITED TO CASCADE'S AGREEMENT TO REPAIR OR REPLACE THE SOFTWARE. THIS REMEDY SHALL NOT EXTEND TO ANY APPLICATIONS, PROGRAMS, CODE, CODE SCHEMAS OR DATABASES CREATED BY CUSTOMERS USING THE SOFTWARE. TO THE EXTENT PERMITTED BY LAW, CASCADE SHALL NOT BE LIABLE TO CUSTOMER, SUBLICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHETHER CAUSED BY THE NEGLIGENCE OF CASCADE OR OTHERWISE, EVEN IF CASCADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE EXTENT THE CUSTOMER MODIFIES THE SOFTWARE, ALL WARRANTIES ARE NULL AND VOID.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Cascade OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SOFTWARE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT Cascade RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
IN NO EVENT WILL Cascade BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT Cascade RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF CASCADE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. NO ACTION, REGARDLESS OF FORM, RELATED TO TRANSACTIONS OCCURRING UNDER OR CONTEMPLATED BY THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
9. PROPRIETARY RIGHTS: Cascade reserves all proprietary rights in and to the Software, and is protected by copyright and other intellectual property laws and international treaties. Cascade retains all worldwide rights in its intellectual property, including, but not limited to its trademarks, inventions, ideas, trade secrets, the "look and feel" of the Software, its color combinations, layout, and all other graphical elements, and the copyright in and to its algorithms and original content included in the Software. The information contained herein is subject to change without notice. Cascade Trademark Notice: "Dokuments", "Cascade Data Systems" and Dokuments logo are trademarks of Cascade.
10. TERMINATION: This Agreement shall automatically terminate if You fail to comply with the restrictions described herein. Your obligations to pay any outstanding fees shall survive any termination of this Agreement.
12. GOVERNING LAW AND DISPUTE RESOLUTION: This Agreement is governed by Washington law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Cascade shall be finally resolved through binding arbitration in Snohomish, Whatcom, or King Counties of Washington State. If any court of competent jurisdiction holds any provisions of this Agreement invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of the Agreement will remain in full force and effect. Cascade's failure to insist on strict performance of any of the Terms of this Agreement will not operate as a waiver of any subsequent default or failure of performance. You agree to comply with all applicable laws, including any international laws, in using this Software.
13. FORCE MAJEURE. Cascade shall not be responsible for delays or failures in its performance resulting from (a) acts or omissions beyond its control; (b) events or circumstances attributable to any hardware or equipment on which the Software is used; or (c) events or circumstances attributable to the manufactures of third party software used in connection with Customer's hardware or equipment or the Software.
14. MISCELLANEOUS. This Agreement may not be amended or modified, and no provision hereof may be waived, except by an instrument in writing signed by both parties. No failure to exercise, and no delay in exercising, any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. If any term set forth in this Agreement is determined by any court to be illegal, void or unenforceable, in whole or in part, as to any situation, person or entity, the balance shall remain in effect and the provision in question shall remain in effect as to all other situations, persons and entities, as the case may be. The descriptive headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and undertakings, both written and oral, with respect to the subject matter hereof. Customer agrees that, without Cascade's prior written approval, which may be withheld by Cascade for any reason whatsoever, Customer may not assign this Agreement or any interest herein. This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their permitted assigns and nothing herein, express or implied, is intended to be or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever.
15. NOTICE. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be considered effective when deposited in the U.S. mail as registered or certified mail, return receipt requested, postage prepaid, or deposited with a nationally recognized overnight courier service for next day delivery and in each case addressed to the party at the address noted above, unless by such notice a different address shall have been designated in writing.
16. ATTORNEY'S FEES. Customer shall be responsible for Cascade's reasonable attorneys' fees associated with the enforcement of the terms of this Agreement or the collection of any amounts due under this Agreement.
17. COPYRIGHT OWNERSHIP. Cascade shall retain ownership and copyright of all code created by the Software until Customer purchases the code with a valid license or key. At such time, the Customer may obtain ownership of copyright for that specific application.
19. CHANGES. Cascade reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Software, including, without limitation, the content, availability, access and/or the terms of this site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site. Cascade may terminate this Agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement, or it may terminate this Agreement for its convenience or for any other reason.
20. UPDATES. Cascade reserves the right to update the Software at any time.
21. EXPORT RESTRICTIONS. Except as authorized by United States Law and the laws of the jurisdiction in which the Software was obtained, you may not use, export, or re-export the Software. The Software may not be exported or re-exported into any U.S. embargoed country, to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or to anyone on the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software you represent and warrant that you are not on any such list, nor are you located in, under control of, or a national of any such country.