1.a. Collection of Your Personal Information
We request information from you when we need personally identifiable information (personal information) that allows us to contact you or provide services to you, such as when you purchase, download, or register DAEM Software Ltd products, or when you request information about DAEM Software Ltd products and services, participate in contests, order e-mail newsletters, participate in special access-limited sites or services, register for an event or training, or carry out a transaction you have requested. The personal information we collect may include your name, title, company or organization name, work e-mail address, work phone number, work or home address, job description, company information, and credit card information.
The site may collect certain information about your visit, such as the name and Internet Protocol (IP) address of the Internet service provider you use to access the site, the date and time you access the site, the pages you visit while on the site, and the Internet address of the website that directly linked you to our site. This information is used to improve the site, analyze trends, and administer the site. Some of our sites collect information about your hardware and software to provide a requested service. For example, Windows Update requires information about your computer to suggest necessary operating system updates.
DAEM Software Ltd technical communities provide opportunities for you to communicate with DAEM Software Ltd employees, experts, and peer users to share information and news about DAEM Software Ltd products and related technologies. DAEM Software Ltd warns you to be careful not to disclose your real e-mail address or other personal information in newsgroups, chats, or other public forums to prevent others from collecting and using your e-mail address or other personal information for inappropriate or harmful purposes. You can read the related additional information for the safe use of DAEM Software Ltd technical communities.
1.b. Use of Your Personal Information
The personal information collected on the site is used to operate the site and to provide the services or carry out the transactions you have requested or authorized. DAEM Software Ltd may use personal information to support these uses by offering more effective customer service, improving the site and any related DAEM Software Ltd products or services, making the site easier to use by eliminating the need to enter the same information repeatedly, or customizing the site to your specific preferences and interests. The information used by DAEM Software Ltd may be combined with information collected by other DAEM Software Ltd services to maintain a balanced relationship with you. We may use your personal information to provide you with important information about the products or services you are using, including critical updates and notifications. Additionally, with your permission, we may send you information about other DAEM Software Ltd products and services and/or share your information with DAEM Software Ltd partners so they can send you information about their products and services. For research purposes, we combine site visit data with anonymous demographic information and use it in the aggregate to provide more useful content. In some areas of the DAEM Software Ltd site with limited access, we may combine site visit data with your personal information to provide personalized content, but only with your consent. If you do not consent, we will not provide personalized services and will not combine your site visit information with personal information. When you subscribe to a newsletter or agree to receive promotional e-mails, DAEM Software Ltd may use customized links or similar technologies to track the e-mails you click. We may link this information with your personal information to provide you with more relevant e-mails or marketing information. Each e-mail contains links to unsubscribe from such communications. Some DAEM Software Ltd services allow individuals to publicly display certain personal information, such as DAEM Software Ltd partners who wish to publish contact information as part of a commercial service. Participation in such services is always optional. From time to time, DAEM Software Ltd may hire other companies to provide limited services on our behalf, such as hosting websites, packaging, mailing and delivering prizes, answering customer questions about products and services, and sending information about our products, special offers, and other services. We provide those companies only with the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. DAEM Software Ltd may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to legal requirements or comply with legal process served on DAEM Software Ltd or the site; (b) protect and defend the rights or property of DAEM Software Ltd and our family of websites; or (c) act in urgent circumstances to protect the personal safety of DAEM Software Ltd employees or agents, users of DAEM Software Ltd products, or the public. Personal information collected on the site may be stored and processed in the United States or any other country in which DAEM Software Ltd or its affiliates, subsidiaries, or agents maintain facilities, and by using the site, you consent to the transfer of information outside of your country. DAEM Software Ltd adheres to the Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
1.c. Control of Your Personal Information
Except as otherwise stated in this statement, the personal information you provide on the site will not be shared outside of DAEM Software Ltd and its controlled subsidiaries and affiliates without your permission. As described in the next section, you can access your personal information and make choices about how you want to be contacted. Please note that the privacy statement and choices you make on the site do not necessarily apply to personal information you may have provided to DAEM Software Ltd in the context of other, separately operated DAEM Software Ltd products and services. DAEM Software Ltd may periodically send you e-mails to inform you of technical service or security issues related to a product or service you requested, or to confirm that you requested a product or service. For certain services provided by DAEM Software Ltd, maintaining contact with the customer is an integral part of the service. You cannot unsubscribe from these communications as they are considered an essential part of the service you have chosen.
1.d. Access to Your Personal Information
You can review and edit your personal information and contact preferences provided on this site from the profile screen. You will be asked to enter your password before personal information is displayed.
In the Profile Center, you can:
• View and edit personal information you have already provided to DAEM Software Ltd.
• Indicate whether you want DAEM Software Ltd to send you marketing information.
• Indicate whether you want third parties to contact you.
• Subscribe to or unsubscribe from newsletters about our services and products.
Some services offered on DAEM Software Ltd may collect information that is not accessible via the Profile Center. However, in such cases, you can access your personal information through other means as described at the end of this statement or as explained by the specific service.
1.e. Security of Your Personal Information
DAEM Software Ltd is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the information you provide on computer servers with limited access located in controlled facilities. Additionally, when we transmit sensitive personal information (such as a credit card number) over the Internet, we protect it using encryption methods like the Secure Socket Layer (SSL) protocol.
1.f. Protecting Children's Personal Information
DAEM Software Ltd is a general audience site and does not knowingly collect any personal information from children. If responses to questions asked during product registration indicate they belong to a child, this information is not shared with any other person or organization under any circumstances.
1.g. Cookies
This site uses cookies to ensure the proper functioning of the registration process and to personalize the site. Cookies are small text files placed on your hard drive by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by the web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page or navigate within a site, a cookie helps the site recall your specific information on subsequent visits. This simplifies the process of delivering relevant content, eases navigation, etc. When you return to the website, the information you previously provided can be retrieved so you can easily use the site's customized features. To accept cookies on our site, web beacons or action tags, also known as clear gif technology, may be used. This technology helps us compile aggregated statistics about the usage of DAEM Software Ltd websites, such as the number of users who clicked on key elements (like links or graphics) on a DAEM Software Ltd web page, blog, or newsletter. We may share aggregated site statistics with partner companies. You can accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this or other websites you visit.
1.h. Use of Web Beacons
DAEM Software Ltd web pages may contain electronic images known as web beacons (sometimes called single-pixel gifs) that allow DAEM Software Ltd to count users who have visited those pages and to deliver co-branded services. DAEM Software Ltd may include web beacons in promotional email messages or newsletters to determine whether messages have been opened and acted upon. Some of these web beacons may be placed by third-party service providers to help determine the effectiveness of our advertising campaigns or email communications. These web beacons may be used by service providers to place persistent cookies on your computer. This allows the service provider to recognize your computer each time you visit certain pages or open certain emails and compile anonymous information in relation to those page views. DAEM Software Ltd prohibits the use of web beacons to collect or access your personal information.
1.i. Enforcement of This Privacy Statement
If you have questions regarding this statement, you can contact us via the contact form on our website, our postal address, email addresses, or phone numbers.
1.j. Changes to This Privacy Statement
We may occasionally update this privacy statement. When we do, we will also revise the "last updated" date at the top of the privacy statement. For significant changes to this privacy statement, we will notify you either by placing a prominent notice on the home page of our website or by directly sending you a notification. We encourage you to periodically review this privacy statement to stay informed about how we are protecting the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.
1.k. Contact Information
DAEM Software Ltd welcomes your comments regarding this privacy statement. If you believe that DAEM Software Ltd has not adhered to this statement, please contact us electronically, and we will use commercially reasonable efforts to promptly determine and remedy the problem.
2. TERMS OF USE, ACCEPTANCE AND RETURN POLICY OF USING DAEM Software Ltd PRODUCTS
The services provided to you by DAEM Software Ltd are subject to the Terms of Use ("TOU"). DAEM Software Ltd reserves the right to update the TOU at any time without notice to you. You can review the most current version of the TOU by downloading the ‘Privacy Statement’ document from the download section of the website.
2.a. Description of Services
DAEM Software Ltd provides you with access to a variety of resources, including software, various resources, developer tools, download areas, communication forums, and product information through its website (collectively "Services"). The services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.
2.b. Limitation on Personal and Non-Commercial Use
Unless otherwise specified, the software and services are for your personal and non-commercial use. You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the services.
2.c. Privacy and Protection of Personal Information
Refer to section 1 of this document, "Privacy Statement," for disclosures relating to the collection and use of your information.
2.d. Notice Specific to Software Available on the Website
All software that is available for download from the services ("Software") is the copyrighted work of DAEM Software Ltd. The use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user must read and accept the terms of the License Agreement before installing any software that includes or is accompanied by a License Agreement. By installing the Software, the end user agrees to and accepts all the terms and conditions of the License Agreement. According to the License Agreement, the Software is made available for download solely for use by end users. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
THE COPYING OF THE SOFTWARE CODE, COPYING AND/OR MODIFICATION OF VISUAL ELEMENTS, AND/OR REDISTRIBUTION IN ANY FORM, INCLUDING WITHOUT LIMITATION BY COPYING OR REPRODUCING TO ANOTHER SERVER OR LOCATION, AND MAKING IT AVAILABLE TO OTHERS FOR A FEE OR FREE OF CHARGE IS STRICTLY PROHIBITED. AN EXCEPTION IS IF THERE IS AN EXPLICIT AGREEMENT SIGNED BY DAEM Software Ltd ALLOWING COPYING, REPRODUCTION, USE, AND/OR DISTRIBUTION OF THE CODE OR VISUAL MATERIALS.
THE SOFTWARE IS WARRANTED ONLY IF IT COMPLIES WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, DAEM Software Ltd DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DAEM Software Ltd DOES NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
DAEM Software Ltd PROVIDES THE SERVICES AND/OR SOFTWARE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY TOOLS OR UTILITIES, ON AN "AS IS" BASIS AND FOR YOUR CONVENIENCE. DAEM Software Ltd DISCLAIMS ANY LIABILITY FOR THE FUNCTIONALITY OR PERFORMANCE OF NON-DAEM Software Ltd SOFTWARE APPLICATIONS OR SERVICES INCLUDED IN, OR ACCESSED THROUGH, THE SOFTWARE PRODUCTS. PLEASE REFER TO THE LICENSING TERMS OF SUCH SOFTWARE APPLICATIONS OR SERVICES FOR ANY WARRANTY INFORMATION.
LIMITED RIGHTS NOTICE. ANY SOFTWARE THAT IS DOWNLOADED FROM THE INTERNET OR PROVIDED ON CD/DVD BY DAEM Software Ltd IS PROTECTED BY APPLICABLE LAWS OF THE REPUBLIC OF TURKEY.
2.e. Notice Specific to Documents Available on the Website
Permission to use documents (such as white papers, press releases, data sheets, and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and both the copyright notice and this permission notice appear, (2) the use of such documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The design, layout, and all elements of the DAEM Software Ltd website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any DAEM Software Ltd website may be copied or retransmitted unless expressly permitted by DAEM Software Ltd. ALL DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DAEM Software Ltd AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL DAEM Software Ltd AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES. The documents and related graphics published on the Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. DAEM Software Ltd and/or its suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
2.f. Member Account, Password, and Security
If any of the services require you to open a user account, you must complete the registration process by providing current, complete, and accurate information as prompted by the applicable registration form. You will also choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Additionally, you are entirely responsible for all activities that occur under your account. You agree to notify DAEM Software Ltd immediately of any unauthorized use of your account or any other breach of security. DAEM Software Ltd will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by DAEM Software Ltd or another party due to someone else using your account. You may not use anyone else’s account at any time without the account holder’s permission. DAEM Software Ltd registers product license numbers to names and email addresses. DAEM Software Ltd will not accept any responsibility in case of security or theft incidents involving your email address, leading to your license information being obtained by someone else.
2.g. Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any DAEM Software Ltd server, or the network(s) connected to any DAEM Software Ltd server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems, or networks connected to any DAEM Software Ltd server or any of the Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
2.h. Product Return Conditions
DAEM Software Ltd's products are registered on DAEM Software Ltd's servers by matching them with the hardware identification numbers of the computers. Products can be returned within legal return limits. To request a return, the license registration on the computers where the software is installed must be removed from within the software. For packaged products, if the package is opened, the cost of the packaging and the printed materials, booklet, CD, DVD, etc., inside will be deducted from the license return fee. Customers agree to cover shipping or other transportation costs in case of product sale and return. For a return, the original copy of the product invoice must be submitted with the return request. If the original copy of the invoice cannot be found, the return will not be accepted. The customer is not required to provide a reason for the return.
2.i. Use of Services
The Services may contain XML data web services, email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets, and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
••Using the Communication Services to survey, contest, or engage in pyramid schemes, chain letters, spam, or any duplicative or unsolicited messages (commercial or otherwise).
••Defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights (such as privacy and publicity rights) of others.
••Publishing, posting, uploading, distributing, or disseminating any inappropriate, profane, defamatory, obscene, indecent, or unlawful topics, names, material, or information.
••Uploading files that contain images, photos, software, or other material protected by intellectual property laws, including copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
••Using the Service in a manner that is inconsistent with its intended purpose or that could harm the Service's operation or any other user's use of the Service, including sending data that is inappropriate or of a size or kind that could disable the Service.
••Uploading files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property.
••Offering to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
••Downloading any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
••Falsifying or deleting any author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.
••You may not restrict or inhibit any other user from using and enjoying the Communication Services.
••You may not violate any code of conduct or other guidelines which may be applicable to any particular Communication Service.
••You may not harvest or otherwise collect information about others, including e-mail addresses.
••You may not violate any applicable laws or regulations.
••You may not create a false identity for the purpose of misleading others.
••You may not use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
DAEM Software Ltd has no obligation to monitor the Communication Services. However, DAEM Software Ltd reserves the right to review materials posted to the Communication Services and to remove any materials at its sole discretion. DAEM Software Ltd reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
DAEM Software Ltd reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at DAEM Software Ltd’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DAEM Software Ltd does not control or endorse the content, messages, or information found in any Communication Service and, therefore, DAEM Software Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
2.j. Materials Provided to DAEM Software Ltd or Posted at Any DAEM Software Ltd Website
DAEM Software Ltd does not claim ownership of the materials you provide to DAEM Software Ltd (including feedback and suggestions) or post, upload, input, or submit to any Services or their associated services for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting ("Posting") your Submission, you are granting DAEM Software Ltd, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all DAEM Software Ltd Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. DAEM Software Ltd is under no obligation to post or use any Submission you may provide and DAEM Software Ltd may remove any Submission at any time at its sole discretion.
By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions. By posting images, photographs, pictures, or other graphical content (in whole or in part) (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display, and reproduction of such Images. By posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, worldwide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Image without having your name attached to such Image, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for an Image will terminate at the time you completely remove such Image from the Services, provided that such termination shall not affect any licenses granted in connection with such Image prior to the time you completely remove such Image. No compensation will be paid with respect to the use of your Submissions or Images.
2.k. Unsolicited Idea Submission Policy
DAEM Software Ltd OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN DAEM Software Ltd'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO DAEM Software Ltd. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO DAEM Software Ltd OR ANYONE AT DAEM Software Ltd. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT DAEM Software Ltd MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE
© 2012 DAEM Software Ltd. All rights reserved.
All rights not expressly granted in this document are reserved.