Terms of Service
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE.
BEFORE USING ANY SYHUNT SOFTWARE PRODUCTS OR SERVICES, PLEASE READ THE APPLICABLE END USER LICENSE AGREEMENT (“EULA”) OR COMMERCIAL AGREEMENT. THE USE OF SYHUNT SOFTWARE IS GOVERNED EXCLUSIVELY BY THE APPLICABLE EULA OR ORDER FORM AND NOT BY THESE WEBSITE TERMS.
Syhunt Informatica, Ltda. (“Syhunt”) provides this website (the “Site”) subject to your compliance with the terms and conditions set forth in this Terms of Service Agreement (“Agreement”). By accessing or using the Site, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not access or use the Site. This Agreement is made between Syhunt and you, the visitor or registered user of the Site (“you”).
CHANGES TO WEBSITE TERMS
Syhunt reserves the right, at any time, to:
- modify the terms and conditions of this Agreement;
- modify the Site, including any content, structure, or features; or
- change any fees or charges related solely to the use of the Site.
Any changes to this Agreement apply only to the use of the Site and do not modify, amend, or replace any rights or obligations arising under any End User License Agreement (EULA), subscription agreement, or order form governing Syhunt software products.
Syhunt may provide notice of changes by posting the updated Agreement on the Site or by electronic communication. Continued use of the Site after such notice constitutes acceptance of the updated website terms.
All licensing terms, usage rights, commercial conditions, pricing, and obligations applicable to Syhunt software products are governed exclusively by the applicable EULA or commercial agreement and are not affected by this Agreement.
Upon Syhunt’s reasonable request, you agree to execute a non-electronic version of this Agreement.
USER REGISTRATION, PASSWORD, AND SECURITY
The service offered by Syhunt on the Site provides a user with the capability to download or access content provided by Syhunt and its partners through the user's computers (the "Service").
To use the Service, you must complete the registration process. As part of this registration process, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the relevant forms of instructions; (b) maintain and update your information to keep it accurate, current, and complete; and (c) notify Syhunt immediately of any unauthorized use of your account or any other breach of security. If any information provided by you during the registration process is untrue, inaccurate, not current, or incomplete, Syhunt may terminate your account and refuse any and all current or future use of the Site and the Service.
As part of the registration process, you will be required to select a password and username (or other applicable account designation). Syhunt may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by Syhunt in Syhunt's sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with Syhunt is no longer secure, you must immediately notify Syhunt of the problem by emailing Syhunt at support@syhunt.com, and you must request that your password be changed. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" OR OTHER APPROPRIATE ASSENT BUTTON, YOU ARE STATING THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS THOSE OF THE END USER LICENSE AGREEMENT GOVERNING USE OF THE SERVICE (THE "LICENSE AGREEMENT").
PRIVACY
It is the policy of Syhunt to respect the privacy of users of the Site and Services. Please refer to Syhunt’s Privacy Policy for detailed information regarding the collection and processing of personal data.
Syhunt may access, process, and disclose user information only to the extent reasonably necessary to:
- comply with applicable law, regulation, court order, or lawful governmental request;
- enforce this Agreement or any applicable End User License Agreement;
- detect, prevent, or address fraud, security, or technical issues; or
- protect the rights, property, or safety of Syhunt, its users, or others.
Except where prohibited by law, Syhunt will provide reasonable notice to the user prior to any such disclosure. Nothing in this Agreement permits Syhunt to access or disclose personal data for purposes unrelated to the operation of the Site or compliance with legal obligations. Due to the nature of the Internet, Syhunt cannot guarantee the absolute security of communications transmitted via the Site.
You agree that Syhunt may transfer personal data to its affiliates and service providers in countries other than your own solely as necessary to provide the Site or Services and in accordance with applicable data protection laws. Where required by law, Syhunt will implement appropriate safeguards for international data transfers, including standard contractual clauses or other lawful transfer mechanisms. Syhunt does not transfer personal data internationally for purposes unrelated to the operation of the Site or fulfillment of its contractual obligations.
CODE OF CONDUCT
You agree to abide by all applicable local, state, national, and international laws, rules and regulations while using the Site and the Service.
While using the Site and/or the Service, you agree not to:
- Restrict or inhibit any other visitor or member from using the Site and/or the Service, including, without limitation, by means of "hacking" or defacing any portion of the Site;
- Use the Site and/or the Service for any unlawful purpose;
- Express or imply that any statements you make are endorsed by Syhunt, without Syhunt's prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that infringes Syhunt's or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Syhunt);
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site and/or the Service;
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site and/or the Service;
- "Frame" or "mirror" any part of the Site without Syhunt's prior written authorization; or
- Harvest or collect information about Site visitors or users without their express consent.
Syhunt encourages you to bring violations of this Agreement to Syhunt's attention, although no action is guaranteed based on such information.
SUBMISSIONS
The Site may allow you to submit reviews, feedback, comments, or other materials (“Submissions”). You grant Syhunt a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute your Submissions solely for the purposes of operating, improving, and promoting the Site and Services.
This license is revocable upon your written request, except to the extent your Submissions have already been incorporated into published materials or product documentation prior to such request.
You represent that you have all necessary rights to grant this license and that your Submissions do not infringe the rights of any third party. Syhunt does not claim ownership of your Submissions and will not sell or commercially exploit them outside the operation and promotion of its products and services.
TERM; TERMINATION
This Agreement governs use of the Syhunt website and remains in effect until terminated as provided herein. Either party may terminate this Agreement for convenience upon 30 days’ written notice. Syhunt may suspend or restrict access to the Site immediately if Syhunt reasonably believes your activity:
- poses a security threat to the Site or its users,
- violates applicable law, or
- materially breaches this Agreement.
Any such suspension or restriction shall be limited to the minimum scope reasonably necessary and shall not interfere with your access to software updates, documentation, or other entitlements arising under a valid End User License Agreement or commercial agreement. Where practicable, Syhunt will provide notice and an opportunity to cure non-security-related breaches. Upon expiration or termination of all applicable license agreements, Syhunt may restrict access to product downloads and licensed materials.
NO RESALE OF SERVICE
You agree not to resell the Service or use of or access to the Site and/or the Service.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Syhunt and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of:
- your material breach of this Agreement;
- any allegation that materials you submit or transmit through the Site infringe or violate the intellectual property or other rights of any third party; or
- your unlawful or improper use of the Site.
Syhunt agrees to promptly notify you of any claim subject to indemnification and may, at its option, assume control of the defense and settlement of such claim, provided that you may participate in such defense at your own expense.
No settlement that admits liability or imposes obligations on the indemnified party may be entered without the indemnified party’s prior written consent, which shall not be unreasonably withheld.
SYHUNT'S PROPRIETARY RIGHTS
The Site is owned and operated by Syhunt in conjunction with others pursuant to contractual arrangements. You acknowledge and agree that, as between you and Syhunt, all content, including but not limited to text, software, graphics, video, page layout, and design or other material displayed or provided by the Site or Service is protected by Syhunt's (or its licensors') copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Syhunt in writing, you agree not to modify, copy, reproduce, republish, upload, post, transmit, sell, or distribute in any way content available on or through the Site. "Syhunt.com," the Syhunt logo, and "Syhunt" are trademarks and/or service marks of Syhunt, Inc. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. The following copyright notice apply to certain content and services and shall not be altered, removed or deleted: ©2005 Syhunt Informatica, Ltda. All Rights Reserved.
EXTERNAL LINKS
The Site may contain links to other Internet sites and resources (such sites and resources, "Other Resources"). Syhunt is not responsible for the availability or accuracy of Other Resources or their contents, and Syhunt does not endorse (and cannot and is not responsible for) any of the contents, advertising, products, services or other materials provided by such Other Resources. You acknowledge and agree that under no circumstances shall Syhunt be held responsible or liable, directly or indirectly, for the legality, accuracy, availability or inappropriate nature of or any other claim, demand or action relating to any content, advertising, products, services or materials located on or through any Other Resource, nor for any liability, loss or damages caused or alleged to have been caused by use of or reliance on any content, advertising, products, services or materials available on or through such Other Resource. Any concerns regarding any external link should be directed to its respective Web site administrator or Webmaster.
JURISDICTIONAL ISSUES
The Site is solely directed to individuals residing in the United States, Canada, England and Brazil. Syhunt makes no representation that materials provided on or by the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Syhunt reserves the right to limit the availability of the Site and/or the provision of any service, program or other product described or available thereon to any person, geographic area, or jurisdiction, at any time and in Syhunt's sole discretion, and to limit the quantities of any such service, program or other product that Syhunt provides.
DISCLAIMER OF WARRANTIES
THE SITE AND THE MATERIAL ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SYHUNT AND ITS AFFILIATES, SUPPLIERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
SYHUNT PROVIDES THE SITE “AS IS” AND “AS AVAILABLE.” SYHUNT DOES NOT WARRANT THAT THE SITE WILL MEET EVERY USER REQUIREMENT OR OPERATE WITHOUT INTERRUPTION OR ERROR. SYHUNT WILL IMPLEMENT COMMERCIALLY REASONABLE MEASURES TO PROTECT THE SITE FROM KNOWN SECURITY THREATS, BUT DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM ALL VULNERABILITIES OR HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR MAINTAINING APPROPRIATE SECURITY AND PROTECTION FOR YOUR OWN SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SYHUNT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYHUNT SHALL NOT BE LIABLE FOR THE CONDUCT OF ANY THIRD PARTY USING THE SITE. EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, SYHUNT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF:
- THE AMOUNT PAID BY YOU TO SYHUNT FOR ACCESS TO THE SITE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
- ONE HUNDRED U.S. DOLLARS (US$100).
SYHUNT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO USE OF THE SITE, EVEN IF SYHUNT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR ITS CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
THIS LIMITATION APPLIES SOLELY TO THE USE OF THE SITE. LIABILITY RELATING TO SYHUNT SOFTWARE PRODUCTS IS GOVERNED EXCLUSIVELY BY THE APPLICABLE END USER LICENSE AGREEMENT OR COMMERCIAL AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Syhunt regarding use of the Site and supersedes all prior or contemporaneous communications relating to such subject matter. Use of Syhunt software products is governed exclusively by the applicable End User License Agreement and any applicable commercial or subscription agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Rio de Janeiro, Brazil, without regard to conflict of law principles. You agree to the exclusive jurisdiction and venue of the courts located in Rio de Janeiro, RJ, Brazil. The failure of Syhunt to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You may not assign or transfer this Agreement, in whole or in part, without Syhunt’s prior written consent. Any attempted assignment in violation of this provision shall be null and void. Any claim arising out of or relating to the use of the Site or this Agreement must be brought within one (1) year after the cause of action arises, or such claim shall be permanently barred.
Section headings are for convenience only and have no legal effect.
LANGUAGE
It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.
RELATED DOCUMENTS
Use of Syhunt software products is governed exclusively by the applicable End User License Agreement (“EULA”) available at: https://www.syhunt.com/en/?n=Legal.EULA
The End User License Agreement (“EULA”) is a separate agreement and is not incorporated into these Terms of Service. Commercial terms, including pricing, license scope, subscription duration, renewal conditions, and any special conditions applicable to your purchase, are governed by the applicable formal quotation issued by Syhunt. In the event of any conflict between these Terms of Service, the EULA, and any formal quotation, the formal quotation shall prevail only to the extent it expressly modifies the EULA, and the remaining provisions of the EULA shall continue in full force and effect.
Purchases made through authorized resellers are subject to the terms and conditions authorized by Syhunt. Resellers are not permitted to modify, extend, or waive any license terms or conditions of Syhunt software.
The Syhunt Privacy Policy, available at: https://www.syhunt.com/en/?n=Legal.Privacy governs the collection and processing of personal data in connection with the Site and is incorporated by reference into these Terms of Service.
