Conditions of Use

Welcome to DataEast.ru, an online service (hereinafter Service) of Data East, LLC and its subsidiaries (hereinafter Data East). Your use of the Service will be subject to the terms of this Terms of Service Agreement. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY. Please read them carefully.

Participation and Conduct

During the term of this Agreement, DataEast grants to you a terminable, non-transferable, non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may link to our site if you sell ads on your site or you charge a subscription fee to use or access your site, but URLs to which you link may change or become inactive at any time in our sole discretion. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.

You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service

You agree to indemnify Data East and its officers and employees from and against all claims, liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them that arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.

Data East reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property or other legal right of any third party, or otherwise inappropriate for the Service. Data East also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, Data East is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.

Any failure by Data East to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

Copyright and Trademarks

The Service and all materials included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, the "Content"), are owned by Data East or it’s Content suppliers and protected by Russian and international copyright laws. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal use, as permitted by the license granted above.

DATA EAST; "Effective ArcObjects"; MobileGL; XTools Pro and other marks indicated on our site are registered trademarks of Data East, LLC or its subsidiaries, in the United States and other countries. Data East graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Data East. Data East’s trademarks and trade dress may not be used in connection with any product or service that is not Data East's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Data East. Not all other trademarks owned by Data East that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Data East.

PURCHASE

You may have the opportunity to order or receive merchandise and services, and to download Software (collectively "Products") through the Site directly or through links on the Site. You may have the option to purchase Products over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. Security of payments is provided in ASSIST system by use of confidential information ciphering during its transferring from the client to the bank for subsequent processing. Further transferring of information is implemented through closed bank networks, which are practically impossible to crack.

Information about credit card will be necessary for making transactions. Transfer of this information is executing with observance of all necessary security measures (SSL 3.0 data transfer protocol). Information about credit card is stored in ciphered form, used only for authorization and is not provided to Shop during customer shopping. Lists of our customers are also absolutely confidential and closed for any company or organization and reported to nobody. However, neither Data East nor any Data East’s subsidiaries can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information.

ELECTRONIC COMMUNICATIONS

When you visit Data East or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All items purchased from Data East are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Data East attempts to be as accurate as possible. However, Data East does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Data East itself is not as described, your sole remedy is to return it in unused condition.

DELIVERY

Products are delivered electronically by direct download from the site. Software keys are delivered by e-mail. Make sure to enter valid e-mail address. After verification of payment, the unlocking key is send to a customer by e-mail within 3 business days. All payments for Data East Products are non-refundable after receiving of the unlocked keys.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY DATA EAST ON AN "AS IS" AND "AS AVAILABLE" BASIS. DATA EAST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DATA EAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DATA EAST DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DATA EAST ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DATA EAST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that DATAEAST is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by DATAEAST of that Web site.

APPLICABLE LAW

By visiting Data East you agree that the laws of Russia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Data East.

DISPUTES

Any dispute relating in any way to your visit to Data East or to Products you purchase through Data East shall be submitted to confidential arbitration in Novosibirsk, Russia, except that, to the extent you have in any manner violated or threatened to violate Data East intellectual property rights, Data East may seek injunctive or other appropriate relief in court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

OUR ADDRESS

Data East, LLC, Inc.
P.O. Box 664
Novosibirsk, Russia 630090
info@dataeast.ru http://www.dataeast.ru