SIERRA makes available the Site under the condition that you approve in their entirety each and every one of the clauses of this contract, which is accepted by you by performing any of the following acts: a) click the button indicating conformity; and /or b) to register as a user of the Site; and /or c) to access the Site; and /or d) to use the services offered in the Site, including the download of any file, even if they are free or freely available to the public.
You acknowledge that these Terms and Conditions are not the only rules to which you must comply and adapt your behavior as a user of the Site, and you must carefully read and observe the rules and policies that SIERRA may set forth and notify to the users SITE at any time and its sole option, covering matters such as respect for privacy, protection of minors, secrets confidentiality, intellectual property protection, and general compliance with laws and regulations, as well as to Internet etiquette.
If you do not consent to these Terms and Conditions of Use, please leave the site immediately, because SIERRA only makes it available to those who voluntarily and consciously accept this contract.
1.- Ownership of the Site and the information displayed
You acknowledge that the Site is itself a literary work exclusively belonging to its author, SIERRA, who keeps and maintain all of its intellectual property and interest into and bears its copyright (© SIERRA Technology Group, 2013). The Site, its contents and all information displayed on the Site are the exclusive property of SIERRA, or third parties that have authorized their inclusion in the Site. SIERRA or third parties holders retain all rights to the content. The names displayed on the Site are trade names or trademarks of Sierra or their respective owners. The site, its contents and the various elements deployed (the "PROTECTED MATERIALS") are protected by national and international rules on intellectual property, including inter alia, copyright, trademarks and trade secrets. The fact that SIERRA allows access to the Site and PROTECTED MATERIAL over the Internet does not imply an authorization to any third party to exploit them in any way. Unless with the express prior written consent from SIERRA or third party owners of the Protected Material, as appropriate, you can only access information and reproduce them in just one single copy for your own use. You cannot use the Protected Material in any other way, and if you do so without SIERRA’s prior written consent, you will be infringing intellectual property rights of the holder of rights in the Protected Material so used, giving the holder the right to take civil and criminal legal actions, which can bring you the payment of compensation and any criminal fines or other punishment.
SIERRA only allows setting up hyperlinks to the Site from other Internet services, addressing access to the Site’s home page. “Deep hyperlinks” addressing navigation to inside pages of the Site are not allowed, and Sierra reserves the right to demand their removal and compensation in case of infringing to the prohibition set forth in this paragraph.
SIERRA has strict policies regarding its users and third parties privacy and personal data protection. SIERRA guarantees that will not deliver any information on any of its users to any third party, either free or for a charge, including any data related to the identity of their users, their practices, customs, fields of membership, consumption habits, etc.. SIERRA shall safeguard such information with the care of a good professional, in no event with less care with which it protects its own confidential information. SIERRA is authorized to use and analyze information related to the Site users as a group and based on such tests provide, individually or jointly with others, goods and services to its users. SIERRA is authorized to share information about its users as a group with other parties.
3.- Personal information provided by users
If you choose to provide personal information by sending an email or register as a user or a form filled in with your personal information and send it through the Site, SIERRA may use that information to respond to your message and provide information or materials you have requested, but SIERRA shall not deliver, share, sell or transfer personal information provided by our users to third parties in any other way.
4.- Prohibition to resell the services of the Site
No part of the Site may be reproduced, duplicated, copied, sold, resold or exploited for any commercial purposes. In the same manner, no activity may be offered resulting in a direct or indirect way, the offering or performance of services, software, content or products within the SITE to the public or any part or member thereof.
5.- Limitation of Liability
You are solely and entirely responsible for monitoring, evaluating and comparing the information received from the SITE. The site, its content and the information displayed in it are made available to the general public and users in particular “as they are”, without warranty of any kind, either expressed or implied, for information purposes only. Since the Site is a service accessible via the Internet and therefore depends on the condition and operation of communications resources and data processing under the control of others, SIERRA does not guarantee that the site will be continuously accessible and that will be accessible by all users who wish to use the Site at the time when they wish to do so, nor the number of attempts that will be necessary for users to obtain information about the site or its contents and / or access them. SIERRA makes its best professional effort in carrying out the SITE and is therefore trustful that it contains accurate and complete information; however, SIERRA is not responsible for the completeness, timeliness or accuracy of the information, whether developed by SIERRA or third parties. SIERRA disclaims any and all liability that publishing the information contained in the Site may cause, and shall not be liable for any damages, direct or indirect, that their publication could eventually lead to others, or by decisions made by third parties using information contained in the SITE. The articles, comments or postings, news or opinion signed by their authors do not necessarily represent the opinion of SIERRA on the topics covered in these articles, and are the sole responsibility of their authors. SIERRA has no responsibility over the information entered by site users.
SIERRA may provide hyperlinks to other Web sites and / or resources on the World Wide Web. As SIERRA has no control over such sites and resources, SIERRA is not responsible for the availability of such sites and resources, and does not endorse and is not responsible or legally liable for any content, advertising, products or other materials displayed in such websites or resources or which may be obtained from such Web sites or resources. In addition, Sierra will not be responsible or be liable, directly or indirectly, for any damage or injury resulting directly or indirectly by the use of or reliance on any content, goods or services available on such websites or resources or obtainable through them.
7.- Content access the site by users
The SITE offers its registered users certain areas where they can input content without supervision or control of them by SIERRA, thus enabling such content to be available to other users of the Site and the Internet without restrictions. Any confidentiality would be lost on them automatically, and will be treated as non-confidential information. Except otherwise agreed in writing and signed by SIERRA, SIERRA shall owe any compensation to any user for entering information to the SITE. Although the ownership of these contents are the user’s or their respective owners, by entering content to the Site, users give SIERRA wide license-free, perpetual license, allowing SIERRA to make it accessible by Internet, reproduce, adapt, use, sublicense, edit, incorporate into new works, distribute and publish the contents, in the current formats and others that could be used in the future, both on the Site and other websites operated by SIERRA now or in the future and / or other Internet or online services that could be used in the future. Users entering content on the Site are solely responsible for it and to respond to any claim by a third party related to such content, including violations of personal rights, privacy or intellectual property on the same. In the event that any third party challenges the legitimacy of the use or disclosure of the contents entered on the site by a user, SIERRA reserves at its sole option, the right to delete such content, if it deems it appropriate, and the user who entered the content shall defend and hold harmless SIERRA respect of any claim arising in any such action. SIERRA has the right but not the obligation to review content entered by users, and the final right to remove content that may be contrary to these Terms and Conditions, be offensive, discriminatory, or prejudicial to third parties.
Please note that the information you find on the Site has not been necessarily or in all cases reviewed by SIERRA, not necessarily developed by professionals to ensure the quality of information, and that may not be current, complete, accurate and reliable. Neither SIERRA nor any of its employees, authors, editors, reviewers, sponsors, advertisers, administrators, system operators, nor any other person connected in any way with the Site production and services may be considered legally responsible for the outdated, incomplete, inaccurate, misleading or defamatory information, or your use of such information.
8.- Offensive or unethical content, or against Netiquette
The SITE and its users are part of the great Internet community. Users of the site should be aware of and accept the value of certain rules of coexistence of substance and form ("Ethics" and "Netiquette") that govern the Internet. These rules of conduct retain their full validity in the Site, and it is the duty of all users of the Site to respect them and make them respected. SIERRA reserves the right to block access to users who have been denounced as not respecting the ethics or the Netiquette. Users of the site acknowledge that as SIERRA does not control the content placed on Site by its users, has no liability whatsoever for such contents, even if they have been admitted to forums that are moderated.
SIERRA shall at all times keep the right to block access to users who at SIERRA’s opinion failed to comply with these Terms and Conditions of Use, or to remove user IDs for the same reasons.
9.- Responsibility for goods or services offered on the Site
The purchase, acquisition or licensing of products, services or software provided by SIERRA in the Site may be subject to specific terms and conditions for each of them. It is the users’ responsibility to check them in case they are interested in them, and entered into the necessary agreements with Sierra for their use. The lack of a specific agreement for the purchase of SIERRA’s products, services or software can be configured as a violation of SIERRA’s rights. In the absence of a specific agreement, the use of such products, software or services shall be governed by these Terms and Conditions of Use. You agree not to alter or modify the software obtained from the Site, nor subject it to reverse engineering processes. Software or products that are offered for free, are offered “as they are”, without warranty of any kind, including but not limited to guarantee the usability or fitness for a particular use, being the user’s full responsibility and risk to decide their use. Users are encouraged to test the software product obtained from the site prior to its use in production environments.
In the event that users acquire from third parties goods or services advertised or in any way recommended or offered on the Site, do so with the express agreement that Sierra is not a party to the transaction, even as an intermediary, and therefore has no any liability for the goods or services so acquired, and gives no warranty regarding any goods or services offered. Eventually, if involved in a dispute SIERRA consequence of any acquisition of goods or services offered by third parties on the Site, you are bound, to the limit established by law, to release SIERRA, its employees, representatives and / or directors of the consequences of the claim.
It is possible that goods and services offered on the Site by third parties, in turn, are governed by specific terms and conditions relating to such goods or services, or web site on which they are offered. SIERRA does not subscribe nor guarantee in any way the legitimacy of goods and services available on other websites not operated by Sierra. You, the user, are solely responsible for checking these terms and conditions and accept them or not.
10.- Amendments to these Terms and Conditions of Use
SIERRA reserves the right to change these Terms and Conditions of Use from time to time in its sole discretion, including its policy regarding free of use and /or price of the use of the Site, or any of its parts or services. You are responsible for consulting from time to time the then current version at the date of the consultation of the Terms and Conditions of Use, being further agreed that your continued use of the Site following the effective date of such changes means your acceptance thereof.
11.- Responsibility for the information displayed on the Site
Displayed images are just illustrations and they are shown only as a simple reference to explain concepts or ideas. Displayed images may correspond to different products, product options, product levels, product versions and/or services, or they may be compositions or descriptive graphics in some cases, not contained in any product or service.
Check all product specifications, comparison charts, design samples quality, compatibility with your machine or process and fitness to your activity before buying any product or module. Check design samples if available.
Ask your vendor about the product’s features and/or the product than contains the desired features, before purchasing it. You must first try the software when a trial version is available in order to evaluate the product. Otherwise check the above subjects. You can only acquire the product’s latest version. You can only acquire products from an authorized distributor.
Features mentioned in these web pages may depend on the Software Level or Version. The product is updated frequently and without previous notice, because of which the screens shown here may not match the product’s latest version. Some image captures and animations may have been made over a different product and may show a different feature from the one that is intended to be shown, which may not be included in the product.
12.- Modifications to Service
SIERRA shall have the right to modify or discontinue the Site or any part thereof and /or services provided through the Site, temporarily or permanently, at any time. Sierra shall not be liable to you or third parties for any modification, suspension or discontinuance of the Site and /or its services.
13.- Jurisdiction and applicable law
The use of the Site and these Terms and Conditions of Use are governed by the laws
of the Argentine Republic, and any dispute related to the same shall be subject
to the courts of the City of Buenos Aires, Argentina, disregarding any conflict
of laws. In case of any proceedings before any court of any country, you renounce
to request any bond to SIERRA.
14.- General Provisions
ALL TRADEMARKS APPEARING ON THE PAGES ARE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE COMPANIES.