The services that CaseWare International Inc. ("CaseWare") provides to you are subject to the following
Terms of Use ("TOU"). CaseWare reserves the right to update the TOU at any time without notice to
you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext
link located at the bottom of our Web pages.
Through its network of Web properties, CaseWare provides you with access to a variety of resources,
including developer tools, download areas, communication forums and product information (collectively
"Services"). The Services, including any updates, enhancements, new features, and/or the addition of
any new Web properties, are subject to the TOU.
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products or services obtained from the Services.
See the Privacy Statement disclosures relating to the collection and use of your information.
Any software that is made available to download from the Services ("Software") is the copyrighted work
of CaseWare and/or its suppliers. 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 will be unable to install any Software that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License
Agreement. 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.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE
AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, CASEWARE CORPORATION HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, CASEWARE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS
SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. CASEWARE DOES NOT
MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES
FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN
CASEWARE SOFTWARE PRODUCTS.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the
Services is granted, provided that (1) the below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) 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 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.
Documents specified above do not include the design or layout of the CaseWare.com Web site or any
other CaseWare owned, operated, licensed or controlled site. Elements of CaseWare Web sites 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 CaseWare Web site may be
copied or retransmitted unless expressly permitted by CaseWare.
CASEWARE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART
OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. CASEWARE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL CASEWARE
AND/OR ITS RESPECTIVE 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. CASEWARE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL CASEWARE AND/OR ITS RESPECTIVE 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 SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM
THE SERVICES.
If any of the Services requires you to open an account, you must complete the registration process by
providing us with current, complete and accurate information as prompted by the applicable
registration form. You also will choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible
for any and all activities that occur under your account. You agree to notify CaseWare immediately of
any unauthorized use of your account or any other breach of security. CaseWare 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 CaseWare or another
party due to someone else using your account or password. You may not use anyone else's account at
any time, without the permission of the account holder.
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 CaseWare server, or the network(s) connected to any
CaseWare 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 CaseWare server or to 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.
The Services may contain e-mail 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:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters,
junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material
protected by intellectual property laws, including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have
received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through
the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party.
Upload 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
of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably
should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other
proper notices or proprietary designations or labels of the origin or source of software or other material
contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular
Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
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.
CaseWare has no obligation to monitor the Communication Services. However, CaseWare reserves the
right to review materials posted to the Communication Services and to remove any materials in its sole
discretion. CaseWare reserves the right to terminate your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
CaseWare reserves the right at all times to disclose any information as CaseWare deems 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, in CaseWare's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your
children in any Communication Services. CaseWare does not control or endorse the content, messages
or information found in any Communication Services and, therefore, CaseWare specifically disclaims any
liability with regard to the Communication Services and any actions resulting from your participation in
any Communication Services. Managers and hosts are not authorized CaseWare spokespersons, and
their views do not necessarily reflect those of CaseWare.
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.
CaseWare does not claim ownership of the materials you provide to CaseWare (including feedback and
suggestions) or post, upload, input or submit to any Services or its 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 CaseWare, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their Internet
businesses (including, without limitation, all CaseWare 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. CaseWare
is under no obligation to post or use any Submission you may provide and CaseWare 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 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.
In addition to the warranty and representation set forth above, by Posting a Submission that contain
images, photographs, pictures or that are otherwise graphical 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, world-wide, royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without
having your name attached to such Images, and the right to sublicense such rights to any supplier of the
Services. The licenses granted in the preceding sentences for a Images will terminate at the time you
completely remove such Images from the Services, provided that, such termination shall not affect any
licenses granted in connection with such Images prior to the time you completely remove such Images.
No compensation will be paid with respect to the use of your Images.
Notifications of claimed copyright infringement should be sent to CaseWare International Inc., 469 King
Street West, Toronto, Ontario M4C 4T6 to the attention of the office of the Chief Financial
Officer. Upon notification we will endeavor to ensure that infringing material is removed.
THE LINKS IN THIS AREA WILL LET YOU LEAVE CASEWARE'S SITE. THE LINKED SITES ARE NOT UNDER THE
CONTROL OF CASEWARE AND CASEWARE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE
OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CASEWARE
IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. CASEWARE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CASEWARE OF THE SITE.
CASEWARE 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 CASEWARE'S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO CASEWARE. SO, PLEASE DO
NOT SEND YOUR UNSOLICITED IDEAS TO CASEWARE OR ANYONE AT CASEWARE. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT CASEWARE MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
We recognize that you may be concerned about our use and disclosure of your personal information.
Your privacy is very important to us, and the following will inform you of the information that we may
collect from you, and how it is used. By using our Web site, you are accepting the practices described in
this policy.
1. WHAT INFORMATION ARE YOU COLLECTING?
We collect personal information that can be used to identify you individually, such as your name, mailing
address, phone number, email address, credit card number, and financial information.
We also collect non-personal information, such as a domain name and IP Address. The domain name
and IP address reveal nothing personal about you other than the IP address from which you have
accessed our site. We also collect information about the type of Internet browser you are using,
operating system, as well as which of our Web pages you have accessed.
2. HOW AND WHEN DO YOU COLLECT THIS INFORMATION?
We collect personal information from you when you provide it to us. For example, if you purchase a
product sold through our online store, we may collect your name, mailing address, telephone number,
credit card number, and email address. If you create an account, we may collect your name, mailing
address, email address, and other information that we request in the registration process.
If you communicate with us regarding our Web site or our services, we will collect any information that
you provide to us in any such communication.
3. HOW IS MY INFORMATION USED?
We use personal information primarily for our own internal purposes, such as providing, maintaining,
evaluating, and improving our services and Web site, fulfilling requests for information, producing and
shipping the products that you order, and providing customer support.
We use non-personal information for internal purposes, such as maintaining, evaluating, and improving
our services and Web site. From time to time we may also use non-personal information for online
marketing efforts.
4. SECURITY
The security of your personal information is important to us. When you enter sensitive information such
as a credit card number on our registration or order forms, we encrypt that information using secure
socket layer technology (SSL).
We follow generally accepted industry standards to protect the Personal Information submitted to us,
both during transmission and once we receive it. However, no method of transmission over the Internet,
or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially
acceptable means to protect your personal information, we cannot guarantee its absolute security.
5. DO YOU USE COOKIES?
Yes. A cookie is a small piece of data that is sent to your Internet browser from a Web server and stored
on your computer's hard drive. Cookies are often used to provide you with a customized experience. At
no time is any personal information stored within one of our cookies. Accepting cookies through your
browser is a personal choice. You can still enjoy our Web site if you choose not to accept cookies.
6. WILL YOU DISCLOSE THE INFORMATION YOU COLLECT TO OUTSIDE THIRD PARTIES?
We will not sell or otherwise provide the information we collect to outside third parties for the purpose
of direct or indirect mass email marketing.
We will disclose personal information and/or an IP address, when required by law or in the good-faith
belief that such action is necessary to:
- Cooperate with the investigations of purported unlawful activities and conform to the edicts of
the law or comply with legal process served on our company,
- Protect and defend the rights or property of our Web site and related properties
- Identify persons who may be violating the law, the rights of third parties, or otherwise misusing
the our Web site or its related properties
7. DOES THIS PRIVACY POLICY APPLY WHEN I ACCESS THIRD PARTY WEB SITES?
You may be able to access third-party Web sites directly from our Web site. This Privacy Policy does not
apply when you access such Web sites. We cannot control how third parties may use personal
information you disclose to them, so you should carefully review the privacy policy of any third-party
Web site you visit before using it or disclosing your personal information to its provider.
8. WHAT SAFEGUARDS ARE IN PLACE?
We are obligated to protect your personal information by making reasonable security arrangements
against such risks as unauthorized access, use, collection, disclosure or disposal. Security measures have
been integrated into the design, implementation and day-to-day operating practices as part of our
commitment to protect the personal information it holds.
9. WHAT ELSE SHOULD I KNOW ABOUT MY PRIVACY WHEN ONLINE?
Please keep in mind that whenever you voluntarily disclose personal information online - for example
through e-mail, discussion boards, or elsewhere - that information can be collected and used by others.
In short, if you post personal information online that is accessible to the public, you may receive
unsolicited messages from other parties in return.
Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please
be careful and responsible whenever you are online.
By using this Web site, you consent to the collection and use of information as specified above. If we
make changes to our Privacy Policy, we will post those changes on this page. Please review this page
frequently to remain up-to-date with the information we collect, how we use it, and under what
circumstances we disclose it. You must review the new Privacy Policy carefully to make sure you
understand our practices and procedures.
© 2014 CaseWare International Inc. All rights reserved.
