Terms and Conditions of Use of the MullSoft Website.

Acceptance of Terms

This web site ("Site") is owned and operated by MullSoft Ltd., MullSoft House, Cairnmore, Dervaig, Isle of Mull, Scotland, PA75 6QJ, Reg. No. 03271787 (England and Wales), VAT No. 692549296.

All content in this Site, including Site layout, design, images, programs, text and other information, (collectively, the "Content") is the property of MullSoft and is protected by copyright and other intellectual property laws.

The Site contains a number of services, including download areas, communication forums and product information (collectively, "Services").

Your use of the Content available on the Site and the Services that MullSoft provides to you is subject to your acceptance, without modification, of the following terms and conditions of use ("Terms of Use"). By accessing or using the Site, you agree to be bound by the Terms of Use. These Terms of Use expressly incorporate by reference and include any guidelines, rules or disclaimers that may be posted and updated on specific web pages or in notices that are sent to you. If you use the Site in the course of your business, you are agreeing to these Terms of Use on behalf of that business.

If you do not agree with these Terms of Use, or are not authorised to do so, please do not use this Site.

MullSoft reserves the right to change, modify, add or remove portions of these Terms of Use in its sole discretion at any time and without notice to you. Please check this page periodically for modifications. Your continued use of this Site, following the posting of any changes, will mean that you have accepted the changes.

Legal Disclaimers

MullSoft makes no representations about the suitability of the information contained in the documents and related graphics as part of the Services for any purpose. Information on this Site is provided "as is", for general information purposes only and provided without warranty of any kind. MullSoft hereby disclaims all warranties and conditions with regard to this information, including without limitation all warranties and conditions of satisfactory quality, reasonable care and skill, merchantability, whether express, implied or statutory, fitness for a particular purpose and non-infringement. Neither do we provide any warranty that the Site is free from infection by viruses or other harmful code. MullSoft is not responsible for typographic errors or technical inaccuracies.

In no event shall MullSoft be liable for any direct, indirect, punitive, incidental, special or consequential damages or loss arising out of or in any way connected with the use of this Site or with the delay or inability to use the Site, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of records, or arising out of any action or failure to act taken in reliance on the information in it, whether in statute or based on contract, tort, negligence, strict liabilty or otherwise, even if MullSoft has been advised of such loss and/or damages.

Availability

MullSoft may change, alter or withdraw any part of the Site at any time, with or without notice to you. MullSoft may also make improvements and/or changes in the products and programs described on this Site at any time without notice. The information on the Site may contain references to MullSoft products and programs that have not yet been released and may refer to expected release dates. This in no way implies that MullSoft is bound to release such products or programs either at the time stated or at any time in the future.

Limitations on Use

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not copy, display, distribute, modify, publish, perform, reproduce, store, transmit, create derivative works from, or transfer, sell or license all or any part of the Content, products or Services obtained from this Site in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms of Use or relevant license.

You may print or download Content from the Site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from MullSoft.

You may not use any robots, spiders, crawlers or other automated downloading programs to continuously and automatically search or index any content, to harvest personal information from the site for purposes of sending unsolicited or unauthorised material, or to cause disruption to the working of the site.

You may not use the Site for any unlawful purpose. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Use of Communication Services

The Site offers a number of communication facilities such as forums and e-mail services (collectively, "Communication Services") designed to enable you to communicate with others.

You will be responsible for keeping your user name and password confidential and secure and for all use made of your account, whether or not it is used by you or with your authority. Please notify us immediately you become aware of any unauthorised use or other security breach.

You may not use the Services on the Site to publish, post, upload, disseminate or distribute any information, including software or other content, which is illegal, which violates or infringes upon the rights of any other person, which is abusive, defamatory, hateful, profane, pornographic, obscene, libellous, threatening or vulgar, or which is otherwise actionable at law.

You may not upload files that contain software viruses or other harmful components that may interrupt or damage the operation of another's computer or limit the functionality of any computer software or hardware or telecommunications equipment.

You may not upload or otherwise make available any material, including images and software, that is protected by intellectual property laws, such as copyright or trademark laws, unless you own or control the right thereto or have received the necessary consent. You may not make available any content that infringes any trade secret.

You may not download any file, posted by another user, that you know, or reasonably should know, cannot be legally distributed in such a manner.

You may not use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example, but without limitation, you may not use the Site to conduct any business or to solicit the performance of any activity that is prohibited by law.

You may not use the Site to conduct or forward surveys, contests or chain letters.

You may not misrepresent your identity or impersonate any person, including the use or attempted use of another's user ID.

You may not manipulate identifiers in order to disguise the origin of any content transmitted through the service.

You may not undertake any other act that we determine to be harmful or disruptive to MullSoft, the Service, any user, or any other third party.

You may not harvest or otherwise collect information about others, including e-mail addresses.

MullSoft has no obligation to monitor the Communication Services but may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities and/or services. MullSoft reserves the right to terminate your access to the Communication Services, at any time, without notice, for any reason whatsoever.

All information posted to the forum is the sole responsibility of the person from whom such content originated and cannot be considered to be approved by MullSoft. MullSoft cannot guarantee the accuracy, integrity or quality of messages submitted to the forum. By using the forum, you may be exposed to content that is offensive or objectionable. Under no circumstances will MullSoft be liable in any way for any content, including, but not limited to, any errors or omissions in the content, or any loss or damage of any kind incurred as a result of any content made available on the Site. By submitting messages to the forum, you agree to indemnify and hold MullSoft harmless from all claims, costs and expenses, including legal expenses, arising out of or caused directly or indirectly by any messages posted or published by you that are in breach of these Terms of Use.

MullSoft will assume that any communication you send is not confidential or restricted in any way. MullSoft does not claim ownership of the materials you provide to MullSoft, including feedback and suggestions, or post, upload, input or submit to any Services for review by the general public, or by the members of any public or private community, (each a "Submission", collectively, "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission, you are granting MullSoft permission to use your Submission in connection with the operation of their internet business including, without limitation, the unlimited, irrevocable license rights to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, including any know-how, ideas, techniques or concepts that may be contained therein; 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. MullSoft is under no obligation to post or use any Submission you may provide and MullSoft may remove any Submission at any time in its sole discretion.

By Posting a Submission, you warrant and represent that you own or otherwise control all 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.

Unsolicited Idea Submission Policy

MullSoft or any of its employees do not accept or consider unsolicited ideas ("Ideas"), including ideas for advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send your Ideas to MullSoft or anyone at MullSoft. Please do not send any original artwork, samples, demos, or other works (collectively, "Work"). The purpose of this policy is to avoid potential misunderstandings or disputes when MullSoft's products or marketing strategies may seem similar to ideas submitted to MullSoft. If, despite our request that you do not send us your Ideas or Work, you still send them, the following terms will apply regardless of what you may state in your submission: MullSoft does, however, welcome your feedback on many areas of its existing business in order to best satisfy customer needs. We request that any feedback be sent via the online JEAN forum. Any feedback you provide at this Site shall be deemed to be non-confidential and MullSoft shall be free to use such information on an unrestricted basis.

General

If a court or other competent authority holds any of these terms to be invalid or unenforceable in whole or part, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the other terms and the remainder of the affected term shall continue to be valid.

These terms and the use of this website and its content shall be governed by and construed in all respects in accordance with English law, and you agree to submit to the non-exclusive jurisdiction of the English courts.

Any rights not expressly granted herein are reserved.