Terms of use

Welcome to the web site of RES GROUP, which consists of RES Software, headquartered in The Netherlands (P.O. Box 33, 5201 AA `s-Hertogenbosch, Nederland. Phone: +31 (0)73 622 8800) and RES companies in the United States, United Kingdom and other countries (hereafter: "Web Site"). Please read the following terms concerning your use of the Web Site. By accessing, using or downloading any Materials from the Web Site, you agree to follow and be bound by these terms (the 'Terms'). If you do not agree with these Terms, please do not use this Web Site.

General Use Provisions
All materials provided on this Web Site, including but not limited to information, documents, databases, products, logos, design, graphics, sounds, images, software, and services ('Materials'), are provided either by RES Software or one of the companies of the RES GROUP or by third party manufacturers, authors, developers and vendors ('Third Party Providers') and are the intellectual property of RES Software and/or Third Party Providers.

Subject to legal exceptions the Materials and Web Site may not be duplicated (framing also included) copied, reproduced, distributed, re-published, downloaded, shown, sent in whatever form whatsoever, or made available to third parties or made public, without prior express written permission from RES Software. Unauthorised use of Materials and Web Site represents a violation of intellectual property rights of RES Software or Third Party Providers and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Except where expressly provided otherwise by RES Software, nothing on this Web Site shall be construed to confer any license offer for license or sale under any of RES Software or any Third Party Provider's intellectual property rights. You acknowledge sole responsibility for obtaining any such licenses. Contact RES Software if you have any questions about obtaining such licenses. RES Software does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by RES GROUP.

RES Software hereby grants you permission to display, copy, distribute and download RES Software texts, logos, graphics, sounds and images on this Web Site provided that: (1) both a copyright notice of RES Software and this permission notice appear in these Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) these Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.

The use of the Client Portal is submitted to the RES Software General Terms & Conditions.

Any software that may be made available for download from this Web Site ('Software') is the intellectual property of RES Software or Third Party Providers. Use of the Software is governed by the terms of the End User License Agreement that accompanies or is included with the Software ('EULA'). An end user agrees to the EULA terms by installing, copying, and/or using the Software. The Software is made available for downloading solely for use by end users according to the EULA. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.

Circumventing, hacking or other violation of the Web Site, RES GROUP security, dial-up or subscription systems is expressly prohibited. RES GROUP reserves the right to exclude certain IP-addresses if violation has been committed from them, or attempts with this aim have been undertaken, or illegitimate use of its systems has taken place. To this end RES GROUP can monitor the access to its websites. This does not impede RES GROUP's remaining rights to prosecution.

RES GROUP and the Third Party Providers may make improvements and changes in the Materials and Web Site at any time without prior notice. RES GROUP has the right to cancel the provision of Materials or this Web Site at any time without prior notice.

Links to third party web sites
The Web Site may contain links to web sites controlled by parties other than the RES GROUP. However, this does not mean that the RES GROUP embraces the contents of those websites. The RES GROUP is not responsible for, does not endorse, nor accepts any responsibility for the contents or the use of those web sites. RES GROUP provides those links only for your convenience.

Please consult the user conditions, privacy declaration and other legal notices of those third party web sites before you use them. It is your responsibility to arrange for the necessary precautions to ensure that what you apply for your personal use is virus free and free of other issues which are, or could be detrimental.

Submissions
Subject to personal details all comment, feedback, information or material in the broadest sense of the word sent to RES Software ('Submissions') are considered as non-confidential and RES GROUP property.

At no charge the RES GROUP will be free to apply the Submissions worldwide to its own perception on an indefinite basis and for any purpose. The RES GROUP obtains the turnover of the Submissions. However, you are and remain responsible for your Submissions, including legality, reliability, appropriateness, originality and respect of intellectual property rights of third parties.

Disclaimer
The RES GROUP exercises the greatest possible care on the reliability and topicality of the data on the Web Site. Inadequacies and incompletion can however occur. Materials and the Web Site are provided "AS IS". Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by RES GROUP and as such RES GROUP makes no warranty with respect to its contents.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE EULA. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE EULA AND THESE TERMS, THE RES GROUP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS WARRANTIES, GUARANTIES, AND CONDITIONS, ALSO WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE RES GROUP MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILLITY, TRUTH, ACURACY, OR COMPLETENESS OF ANY OF THE MATERIALS AND THE WEB SITE.

Limitation of Liability
RES GROUP SHALL NOT BE LIABLE FOR DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, DISSEMINATION OR DOWNLOADING THE MATERIALS AND THE WEB SITE OR THE IMPOSSIBILITY TO DO SO, OR AS A RESULT OF INADEQUACIES OR INCOMPLETION IN THE MATERIALS AND THE WEB SITE.

IN NO EVENT SHALL RES GROUP BE LIABLE FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MATERIALS OR THE WEB SITE, EVEN IF the RES GROUP HAS BEEN PREVIOUSLY ADVISED TO THE POSSIBILITY OF SUCH DAMAGE.

You are yourself responsible for the protection and backup of your (computer) data and/or objects which are used with regard to The Web Site. For this reason you will not issue a claim against RES Software or one of the companies of the RES GROUP or Third Party Providers for the loss of data, incorrect output, work delay (s) or loss of turnover and/or profit as a result of the use of Materials and Web Sites.

Indemnification
In exchange for the acceptance of the advantages which are provided to you by the Web Site, you agree to protect the RES GROUP, its Executive Boards, employees, representatives and partners and indemnify them from judicial and extrajudicial measures, sentences and such, including - and without restriction - reasonable cost for legal assistance (lawyers, jurists and bailiffs) and accountants, who have been appointed by third parties as a result of your use of the Materials and the Web Site, your violation of the Terms or your violation of any legal regulation whatsoever or rights of third parties.

Local Law; Export Control
RES GROUP controls and operates the Materials and Web Site from its headquarter in 's-Hertogenbosch, The Netherlands, and makes no representation that these are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in European Union and the United States.

U.S.-residents acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and Sudan. This list is subject to change without further notice from RES GROUP, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Miscellaneous
The RES GROUP does not warrant that e-mails or other electronic messages transmitted to it are swiftly received and processed, and accepts no liability for consequences of lack of or late receipt or processing of them.
RES GROUP has the right to revise these Terms at any time without notice by updating this posting.
These Terms are governed by Dutch law. No choice of law rules of any jurisdiction will apply.