Last Updated: June 17, 2020
You may not share your log-in credentials with any unauthorized user. You may not log-in or use Software using any other person’s log-in credentials or impersonate or use the name or registration information of any other person. You are responsible for maintaining the confidentiality of your log-in credentials, including any password used to access the Software, and you are fully responsible for all activities that occur through the use of your password or account. You agree to immediately notify VoltServer of any unauthorized use of your password or account or any other breach of security regarding the Software.
With respect to Software hosted by VoltServer that is accessible using a VoltServer website, you may not create or maintain any link from another website to any page on the Software website without VoltServer’s prior written consent. Running or displaying the website, or any information or material displayed on the website, on another website or app without VoltServer’s prior written consent is prohibited. Any links to the website that are permitted by VoltServer must comply will all applicable laws, rule and regulations, and VoltServer may revoke its consent at any time.
From time to time, the Software may contain links to websites that are not owned, operated or controlled by VoltServer. VoltServer is not responsible for any content, materials or other information located on or accessible from any other website. VoltServer does not guarantee, endorse, or make any representations or warranties regarding any other websites or any materials or other information located on or accessible from any other website.
If at any time the Software allows posting of information by users that can be shared with other customers of VoltServer or other third parties, you acknowledge and agree that you do not have any confidentiality rights or proprietary rights in any information that you post or transmit that is accessible by other Software users. Such information is owned by VoltServer, and, by posting or transmitting such information, you assign all ownership in, title to and intellectual property and other rights in such information to VoltServer. Such information may be used, reproduced or retransmitted by VoltServer, in whole or in part, for any purpose, and without any obligation of attribution or compensation.
For all purposes, VoltServer is considered the owner of the Software and exclusively owns all right, title, and interest in and to all intellectual property rights worldwide with respect to the Software or based in whole or in part on inventions, developments, or improvements created, conceived or reduced to practice by or on behalf of VoltServer in connection with any Software, in each case whether or not paid for, reimbursed by or suggested or proposed by you and whether or not developed in conjunction with or using your personnel, property, facilities, suggestions or feedback. The Software programs, documentation and Content (as defined below), and any related discussions or correspondence with or from VoltServer, are the confidential information of VoltServer, may not be disclosed by you, and must be reasonably protected by you against unauthorized disclosure.
If any Software becomes, or in VoltServer’s opinion is likely to become, the subject of a claim of intellectual property infringement, VoltServer may, at its option and at its cost but without any obligation to provide a refund or credit or any other obligation, (a) procure for you the right to continue using the Software, (b) replace or modify the Software with a noninfringing version, and/or (c) terminate or suspend your Software license.
VoltServer is under no obligation to provide you with a copy of any data that you input into or generate using the Software, including without limitation in the event of termination of your license to use the Software, and it is your responsibility to export any data from the Software that you wish to retain or backup.
THE SOFTWARE IS PROVIDED “AS IS”, AND VOLTSERVER DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND REGARDING THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NONINFRINGEMENT, TITLE, MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
VOLTSERVER SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF USE OF PRODUCTS OR EQUIPMENT, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF VOLTSERVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VOLTSERVER’S MAXIMUM AGGREGATE LIABILITY WITH RESPECT TO ALL SOFTWARE IS LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO VOLTSERVER EXPRESSLY FOR THE SOFTWARE LICENSE DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE THEN-LATEST CLAIM. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THAT SUCH LIABILITY LIMIT WITH RESPECT TO ANY SOFTWARE IS NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF VOLTSERVER AND ITS LICENSORS WITH RESPECT TO ALL SOFTWARE LICENSED TO YOU IS $100.
VoltServer cannot and does not warrant or guarantee that the Software or downloads from the Software will be free of viruses or other malicious code or programs or will achieve any particular results or performance or that use of the Software will be uninterrupted or error-free. VoltServer has no obligation to provide support, services, training, documentation, upgrades or updates with respect to the Software. Any payments to VoltServer with respect to the Software are nonrefundable for any reason except as may be otherwise expressly stated herein or in your Product Agreement.
In order for VoltServer to provide Software updates or customer support, you are responsible for establishing and maintaining a VPN connection, that is accessible by VoltServer, to the network on which the Software is running or otherwise providing VoltServer with internet access to the Software in a manner approved by VoltServer. You are also responsible for maintaining, protecting and monitoring your network infrastructure and for protecting Software in your possession, including without limitation protecting your network and such Software against viruses and other malicious code. VoltServer has no responsibility or liability with respect to such connection, network infrastructure or viruses or other malicious code.