Legal Statements

End User License Agreement: 
END USER LICENSE AND SOLUTION ASSURANCE AGREEMENT RES SOFTWARE (“EULA”) 
 
USER NOTICE: BY INSTALLING THIS SOFTWARE YOU AS LICENSEE ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS EULA AND AGREE TO THE CONDITIONS AND PROVISIONS HEREIN AND THAT YOU ARE DULY AUTHORIZED TO EXECUTE THIS EULA. YOU SHALL INFORM ALL USERS OF THE SOFTWARE OF THE TERMS AND CONDITIONS OF THIS EULA. YOU ACCEPT THAT THIS EULA IS THE FULL AND EXCLUSIVE EXPRESSION OF THE AGREEMENT BETWEEN YOU AND RES SOFTWARE AND THAT IT TAKES PRECEDENCE OVER ALL PREVIOUS PROPOSALS OR VERBAL OR WRITTEN AGREEMENTS AND OTHER POSSIBLE COMMUNICATIONS REGARDING THE SUBJECT OF THIS EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THIS SOFTWARE.  
 
LICENSOR. This license is granted to licensee (End-User) by Real Enterprise Solutions Nederland B.V., a company organized under the laws of the Netherlands. If End-User is located in the United States or Canada, this license is granted to End-User by Real Enterprise Synergy Inc., a company organized under the laws of Delaware. In this EULA, the term RES Software refers to Real Enterprise Solutions Nederland B.V. or Real Enterprise Synergy, Inc. 
 
LICENSE. The software provided herewith, and, as long as End-User has a right to Solution Assurance, any Product Releases or Service Releases related thereto, including the end user manuals and documentation (the "Software") are licensed to End-User by RES Software and are provided for use solely under the terms of this EULA. RES Software reserves all rights not expressly granted under this EULA.  RES Software hereby grants to End-User a perpetual (except as otherwise provided herein) non-exclusive, non-transferable license, to install, use, perform and display the rightfully obtained version of the Software, solely in object code format for End User’s own internal business use and without the right to sub license. The Software may only be used for the purpose for which it is designed as described in the documentation and on the RES portal. The documentation is licensed solely for the purposes of supporting End-User’s use of the Software as permitted in this section. 
 
The Software may only be used on the site and within the infrastructure environment it was first installed. Depending on the edition that End-User obtained a license for, End-User is allowed to use all or limited functionality of the Software. The number of licenses required by End-User depends on one of the following: the number and type of devices to be used, the number of concurrent users, the number of named users, or the specific allocated tasks to be performed by the Software, as further specified on the RES Software website and pricelist. 
The use of the Software is limited to the number of licenses that End-User actually paid for or otherwise rightfully acquired. If End-User obtains subscription licenses the term for use is not perpetual, but limited to the specific subscription period agreed to.
 
RESTRICTIONS.  End-User is not permitted to: (i) reverse engineer, disassemble or decompile the Software or any portion thereof or otherwise attempt to derive or determine the source code or the logic therein, except to the extent and for the express purposes authorized by applicable law, and only if RES Software is not willing or able to provide the relevant information to End-User; (ii) remove or evade any technical protection (iii) use plug-ins or extensions not distributed by RES Software which enable modification of the Software; (iv) modify or change or make new installation programs for the Software; (v) use the Software for on behalf of third parties or  sub-license, rent, sell, lease, distribute or otherwise transfer the Software and (vi) use the Software in or in association with safety critical applications such as, without limitation, medical systems, transport management systems, vehicle and power generation applications including but not limited to power applications.
 
EVALUATION SOFTWARE AND EXPRESS EDITION. If available, End-User may download certain evaluation editions ("Evaluation Software") and/or express editions ("Express Edition") of the Software from www.ressoftware.com free of charge. End-User has the right to use the Evaluation Software for evaluation purposes only. The Evaluation Software license expires on the expiry date. The Express Edition provides limited functionality of the RES Software product.
 
AUDIT. On RES Software’s request, and at RES Software’s expense, RES Software may conduct an audit of End-User’s use of the Software. Any such audit shall be conducted during regular business hours at End-User’s facilities, by remote session or otherwise and shall not unreasonably interfere with End-User’s business activities. If an audit reveals that End-User has underpaid in relation to the actual use of the Software, in addition to other remedies, End-User shall be invoiced for such underpaid fees. If the underpaid fees exceed five percent (5%) of the license fees paid, then End User shall also pay RES Software’s reasonable costs for conducting the audit.
 
OWNERSHIP. The Software is the intellectual property of RES Software and/or its licensors and contains material that is protected by intellectual property rights and legislation of various countries worldwide. This EULA does not grant to End-User any ownership interest in the Software. End-User shall not remove any proprietary notice of RES Software from any copy of the Software. Third party materials and/or software presented or accessed using the Software ("Third Party Materials") are owned by the respective third parties and may be protected by intellectual property rights and the use of such Third Party Materials may be subject to the terms of use of such third parties. The End-User is solely responsible to obtain a valid license for the use of Third Party Materials.
 
SOLUTION ASSURANCE. With the exception of Evaluation Software, and Express Edition, End-User is obligated to buy a subscription to maintenance and support ("Solution Assurance") for a period of minimum 1 (one) year starting at the date the End-User receives the license key. End-Users subscription to Solution Assurance will automatically renew for additional one (1) year periods, unless either party gives the other party written notice of its intent not to renew at least thirty (30) days prior to the expiration of the then current term of the subscription. The fees due for Solution Assurance shall amount to a maximum of 20%, for Premium Solution Assurance 25%, of the then-current list-price of the Software. RES Software reserves the right to adjust its prices for Solution Assurance. If End-User does not accept an adjustment of the prices, End-User shall be entitled to terminate its subscription to Solution Assurance services within thirty (30) days of receipt of the written notification of the price adjustment. End-User shall pay invoices for Solution Assurance within the payment term stated on the invoice. If no payment term is specified, a payment term of thirty (30) days shall apply. In order to benefit from Solution Assurance, End User must have a valid license for the latest version of the Software. If End-User has elected to terminate its subscription to Solution Assurance and, at a later date, wishes to reinstate Solution Assurance, RES Software is entitled to charge a reinstatement fee.
 
CONTENT OF SOLUTION ASSURANCE. Solution Assurance consists of: (1) right to download and use Service Releases to the Software. Service Releases will be provided with a minimum of two per year. A Service Release consists of a number of bundled fixes to Defects. A Service Release does not necessarily offer new functionality. For the purpose of this EULA a Defect means a reproducible instance of adverse and incorrect operation of the Software that impacts End-User’s ability to use functionality as described in the documentation to the Software. Minor discrepancies that do not impair the normal use of the Software shall not constitute a Defect under this EULA; (2) right to download and use Product Releases to the Software. Product Releases will be provided with a minimum of one every three years. A Product Release contains new functionality and features; (3) Access to RES Software Support by Internet, e-mail and phone (during specified office hours). RES Software Support will assist in locating and solving problems and Defects in the Software. (4) Access to the RES Portal, including the RES Software Knowledge Base. Further details on Solutions Assurance are described in the Solution Assurance document available through the RES Software website. 
 
Premium Solution Assurance additionally provides: (1) Extended access to RES Software Support by Internet, e-mail and phone (24 x 7 x 365); (2) right to use Escrow services under the conditions defined by RES Software. Further details on Premium Solutions Assurance are described in the Premium Solution Assurance document available through the RES Software website.  
 
EXECUTION OF SOLUTION ASSURANCE SERVICES. RES Software provides Solution Assurance on a commercially reasonable efforts basis in a way it considers appropriate. RES Software is not obliged to follow the directions of the End-User. End–User shall first analyze any problems with the Software internally and consult the RES Software Knowledge Base before contacting RES Software support. End-Users shall appoint a qualified contact person for contact with RES Software support. End-User shall provide all relevant materials to RES Software when contacting RES Software support. RES Software is entitled to examine and test materials delivered by End-User. RES Software is under no obligation to use those materials. End-User guarantees that RES Software is entitled to use the materials and, after approval by End-User, is allowed access to its systems, to provide Solution Assurance. 
 
RES Software will provide full Solution Assurance on the current Product Release until a new Product Release is available. Solution Assurance on the previous Product Release will be limited to making available existing and new fixes on request by End-User(s) for at least 1 year after general availability of the latest Product Release. Furthermore, for all older versions access to RES Software support and the RES Software portal and knowledge base which contains previously developed solutions will remain available. RES Software cannot provide optimal Solutions Assurance to End-User if End-User does not use the latest Product Release or Service Release. RES Software reserves the right to terminate the End-User’s subscription to Solution Assurance with prior written notice and/or to amend the financial or other conditions of this EULA in case of excessive use of the Solution Assurance services by the End-User, or if End-User does not install the latest Product Release or Service Release.
 
EXCLUSIONS.  Solution Assurance services do not cover resolution of Defects which result from (i) third party software or hardware (ii) any modifications to the Software carried out by a party other than RES Software (iii) use of the Software by End-User which is not in accordance with the documentation. RES Software will only support the Software on platforms for which all components are supported by their respective vendors, under standard conditions, as of the date the support request is made by the End-User to RES Software. Solution Assurance does not cover source code supplied by RES Software as part of either a consulting engagement or as a demo, sample or contribution. 
 
USE OF RES SOFTWARE MATERIALS. All materials, including, but not limited to the RES Software portal and knowledge base, demo’s, samples or contributions provided by RES Software (the "Materials") by whatever means is either owned by or licensed to RES Software. End-User may only use those Materials as part of the Solution Assurance and as long as he is entitled to Solution Assurance. In no event shall the End-User publish, retransmit, redistribute or otherwise reproduce any Materials in any format to anyone or use any Materials in any connection with any business or commercial enterprise, without the express written consent of RES Software. End-User will destroy all Materials not needed for the solution of a Defect once the technical problem is solved.
 
TERM AND TERMINATION. The EULA takes effect when End-User signs the Quote Form, installs or uses the Software or at the date End-User receives the relevant license keys, whichever is earliest ("the Effective Date"). RES Software reserves the right to terminate this EULA upon 30 days notice in the event of: (1) a change of control of the End-User; (2) if End-User breaches any provision of this EULA and, upon receiving written notice of such breach, fails to remedy such breach within 30 (thirty) days following receipt of the notice; or (3) if a petition for End-User’s bankruptcy is filed or End-User has been declared bankrupt. Subscription to Solution Assurance shall automatically terminate on termination of the End-User license.
 
Upon termination End-User shall promptly cease to use the Software and return or destroy, at End-User’s expense and at RES Software’s option, all Software and any copies thereof and confirm this in writing to RES Software. The provisions regarding Audit, Intellectual Property, Limitation of Liability, and Miscellaneous shall survive the expiration or termination of this EULA.
 
LIMITED WARRANTY. RES Software warrants that the Software shall be free from material defects in materials and workmanship, and shall conform in all material aspects to the specifications as described in the documentation for a period of ninety (90) days from the Effective Date, provided the Software has been stored and used in accordance with ordinary industry practices and conditions. RES Software does not warrant that the functionality of the Software will meet End-User’s requirements or is fit for any particular purpose, or that the operation of the Software will be uninterrupted, error free, virus free or that Defects in the Software will be corrected. It is the responsibility of End-User to isolate the Software, to use anti-virus software, to make relevant back-ups and to take other steps to ensure that the Software does not damage End-User’s information or system.
 
In the event that the Software does not comply with the warranty set out in this section and RES Software is notified of such non-conformity within the warranty period, RES Software, at its choice, will replace such non-conforming Software at no additional charge or will refund the total amount paid for the non-conforming Software. The limited warranty as set forth in this section shall also apply to any Product Releases and Service Releases or any software that repairs or replaces the non-conforming Software. RES Software grants no other warranty, either specific or implied, including without limitation, warranties of merchantability or suitability for a particular purpose.
 
The Evaluation Software and the Express Edition are provided "as is" without warranty of any kind, whether express, implied, statutory, or otherwise. RES Software is not liable for any damages resulting from the use (or attempted use) of the Evaluation Software and the Express Edition at any time.
 
LIMITATION OF LIABILITY. RES Software shall in no event be liable to End-User or any third party for any indirect, incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, loss of data, or loss of business information) arising out of this EULA or connected in any way with use of or inability to use the Software or the provision of Solution Assurance, or for any claim by any other party, even if RES Software has been advised of the possibility of such damages. RES Software’s total liability to End-User for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) shall not exceed € 10.000,-- (TEN THOUSAND EUROS) AND WITH RESPECT TO THE EVALUATION SOFTWARE AND EXPRESS EDITION, SHALL NOT IN ANY EVENT EXCEED € 500,-- (FIVE HUNDRED EUROS). IF END-USER IS LOCATED IN THE UNITED STATES OF AMERICA OR CANADA, THE FOREMENTIONED MAXIMUM AMOUNTS WILL BE $ 10,000 (TEN THOUSAND DOLLARS) AND WITH RESPECT TO THE EVALUATION SOFTWARE AND EXPRESS EDITION $ 500,-- (FIVE HUNDRED DOLLARS).
 
RES Software liability will only arise if End-User informs RES Software in writing of any default and the damages resulting there from as soon as possible and gives RES Software a reasonable time to remedy a failure to perform. Any notice of default must specify the failure in as much detail as possible, so that RES Software will be able to act adequately. 
 
FORCE MAJEURE. RES Software shall not be responsible for failures of its obligations under this EULA to the extent that such failure is due to causes beyond RES Software’s control, including, without limitation, natural disaster, war, strikes, fire, floods, explosions, acts of any government or agency thereof, failures of suppliers, disruption in electricity supply or non-availability of telecommunication services. If RES Software is prevented by force majeure from fulfilling its obligations under this EULA for more than ninety (90) days, RES Software and End-User are entitled to terminate the EULA in writing.
 
INDEMNIFICATION. RES Software shall indemnify, hold harmless and defend End-User against any action brought against End-User to the extent that such action is based on a claim that any Software, when used in accordance with this EULA, infringes a copyright of a third party. RES Software shall pay all costs, settlements and damages finally awarded, provided that End-User promptly notifies RES Software in writing of any claim, gives RES Software sole control of the defense and settlement thereof, and provides all reasonable assistance in connection therewith.
If the Software is finally adjudged to so infringe, or in RES Software’s opinion is likely to become the subject of an infringement claim, RES Software shall, at its sole discretion, either: procure for End-User the right to continue to use the Software, modify or replace the Software to make it non-infringing, or upon return of the Software, refund the price paid by End-User for the Software, minus a reasonable usage fee. RES Software shall have no liability regarding any claim arising out of or caused by: End-User’s use of other than the latest, unaltered release of the Software unless the infringing portion is also in the then current, unaltered release; any modification or derivation of the Software not created or publicly released by RES Software. The aforementioned states the entire liability of RES Software and the exclusive remedy for End-User relating to any actual or claimed infringement of any intellectual property right.
End User shall indemnify, defend and hold harmless RES Software and its directors, officers, agents, employees, subsidiaries and affiliates from and against any claim, action, proceeding, liability, loss, damage, cost, or expense (including, without limitation, attorneys’ fees), arising out of or in connection with the use of the Software that is not in strict accordance with this EULA by End-User, its employees, subcontractors, or others. RES Software shall provide reasonable cooperation and assistance to End User in defending the claim.
 
COMPLIANCE WITH LAWS. End User must comply with all domestic and international (export) laws and regulations to the Software and with any end-user, end-use and destination restrictions issued by governments. End-User must at its own expense obtain and arrange for the maintenance of any government approval and comply with all applicable laws and regulations necessary for End-User’s performance of the EULA. End-User acknowledges that it is responsible for obtaining any licenses to export, re-export or import the Software as may be required. End-User will defend, indemnify, and hold harmless RES Software from and against all fines, penalties, liabilities, damages, costs and expenses incurred by RES Software as a result of any violation of export (control) laws or regulations by End-User or any of its agents or employees.
 
PERMANENT EFFECT. RES Software reserves the right to modify this EULA for any new Product Release or Service Release. By installing and continuing to use the new Product Release or Service Release of the Software over a period of thirty (30) days, End-User accepts the new or revised version of this EULA. 
 
NOTICES. Any notices permitted or required under this Agreement shall be in writing, and shall be deemed given when delivered (i) in person, (ii) by overnight courier, upon written confirmation of receipt, (iii) by certified or registered mail, with proof of delivery, (iv) by facsimile transmission with confirmation of receipt, or (v) by email, with confirmation of receipt (except for routine business communications issued by RES Software, which shall not require confirmation from End-User).  Notices shall be sent to the address, facsimile number or email address set forth below, or at such other address, facsimile number or email address as provided to the other party in writing.  Notices for RES Software shall be sent to: Het Zuiderkruis 33, 5215 MV ‘s-Hertogenbosch, The Netherlands. Fax for legal notices: +31 (0)73 622 8811. Email for legal notices: info@ressoftware.com
 
APPLICABLE LAW. Except for End-Users residing in the United States, this EULA shall be governed, construed and enforced in accordance with the laws of the Netherlands, without giving effect to its conflict of law principles. Any legal action will be brought exclusively before the relevant court in Amsterdam, the Netherlands. Proceedings will take place in Dutch. For End-Users residing in the U.S. only: This EULA shall be governed, construed and enforced in accordance with the laws of the State of Delaware, without giving effect to its conflict of law principles. Any dispute regarding this EULA shall be subject to the exclusive jurisdiction of the state and federal courts of Philadelphia.  
 
MISCELLANEOUS. End-User may not assign or transfer its rights or obligations arising under this EULA to any third party, including any group of companies, parent companies, subsidiaries and affiliated companies of End-User without the written consent by RES Software, and any such attempted assignment or transfer shall be void and without effect.   
 
The failure of any party to enforce a provision of this EULA shall not constitute a waiver of such provision or any other provision or of the right of such party thereafter to enforce any provision of this EULA.
 
RES Software reserves the right to use End-Users name or trademark, trade name or logo in external communications, presentations and marketing materials, and on its website and to describe the solution provided to End-User in these external communications. 
 
DATA PROTECTION. For “Personal Data”, reference is made to the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (“the Directive”). Where a party receives any Personal Data from the other party, it shall ensure that it fully complies with the provisions of the Directive and only deals with the Personal Data to fulfill its obligations under this EULA. The parties agree to process Personal Data in accordance with the “mandatory data protection principles”, which broadly reflect the data protection rules set out in the Directive. The principles include: using Personal Data only for a purpose which is clearly specified in the contract itself; security and confidentiality of the data; the right to see a copy of Personal Data about oneself and to have inaccurate information corrected or deleted; and, restriction on the onward transfer of Personal Data to other third countries without a further contract being put in place.
 
CONFIDENTIALITY. During the term of this Agreement and for a period of three (3) years after disclosure of confidential information, each party shall protect and keep confidential all non-public information disclosed by the other party (each, a “Discloser”) and identified as confidential by the Discloser, or which otherwise should reasonably be considered proprietary, confidential or commercially sensitive under the circumstances (“Confidential Information”), and shall not, except as may be authorized by Discloser in writing, use or disclose any such Confidential Information during and after the term of this Agreement.  These obligations of confidentiality shall not apply to any information which: (i) was previously known to Recipient without restriction; (ii) is or becomes publicly available, through no fault of Recipient; (iii) is disclosed to Recipient by a third party having no obligation of confidentiality to Discloser; (iv) is independently developed by Recipient; or (v) is required to be disclosed as a matter of law.  The parties shall limit access to Confidential Information of the other party to those employees and independent contractors who (i) need such information for the purposes of this Agreement; and (ii) have entered into appropriate confidentiality agreements.  End-User shall ensure compliance with the terms of such agreements.  Confidential Information may be copied and disseminated within the Recipient's own organization only to the extent reasonably required for the purposes hereof.  
 
Any rights not expressly granted herein are reserved by RES SOFTWARE.
 
Copyright © on software and all Materials 1998-2014 Real Enterprise Solutions Development B.V., P.O. Box 33, 5201 AA `s-Hertogenbosch, The Netherlands. RES and the RES Software Logo are either registered trademarks or service marks of Real Enterprise Solutions Nederland B.V. in Europe, the United States and other countries. RES Automation Manager, RES Workspace Manager, RES Suite, RES Virtual Desktop Extender, RES IT Store and RES VDX are trade names of Real Enterprise Solutions Nederland B.V. in Europe, the United States and other countries. All other product and company names mentioned may be trademarks and/or service marks of their respective owners. Real Enterprise Solutions Development B.V., The Netherlands has the following patents: U.S. Pat. "US 7,433,962", "US 7,565,652", "US 7,725,527", "US 8,683,018", other patents pending or granted.
 
Version 20141021

 

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.

 

Privacy Statement: 
This is the Privacy Statement of Real Enterprise Synergy, Inc. (“RES Software”), whose principal place of business is at 150 North Radnor Chester Road, Suite D100, Radnor, PA 19087, the United States. More information about RES Software can be found at http://www.ressoftware.com
 
This Privacy Statement covers RES Software’s treatment of Personal Information that we gather when you are on our website. Please read the following to learn more about what information we may collect from visitors and users of our website, how we use and protect this information and what choices you have on how that information is used. 
 
Protecting your privacy is important to us. RES Software certifies that it adheres to the Safe Harbor Framework concerning the receipt of personal data from the European Union and Switzerland to the United States of America. Accordingly, we follow the Safe Harbor Privacy Principles published by the U.S. Department of Commerce with respect to all such data. If there is any conflict between the policies in this Privacy Statement and the Safe Harbor Privacy Principles, the latter shall govern. RES Software also transfers personal information to other members of the RES Software group of companies in the European Economic Area and Australia.
 
RES Software’s adherence to these Principles may be limited in certain circumstances, in particular:
  1. to the extent necessary to meet national security, public interest, or law enforcement requirements,
  2. to the extent expressly permitted by any applicable law, rule or regulation, 
  3. where there is a conflicting or overriding legal obligation.
 
To learn more about the Safe Harbor Framework please visit www.export.gov/safeharbor.
 
We self-certify compliance with https://safeharbor.export.gov/list.aspx.
 
DETAILS COLLECTED
 
If you want to contact RES Software or take part in a forum or survey via our website, we may ask you to provide name, address and phone number. We may also ask you to provide additional information e.g. your e-mail address if you want to obtain additional services or information or to resolve complaints or concerns.
These details are used in order to:
  1. carry out services of RES Software and its administrative processing;
  2. reply to your inquiries, provide you with requested products and services, set up your Customer’s account, i.e. via RES Software Customer Portal, and contact you regarding new products and services;
  3. inform you of products and services offered by RES Software and other organizations selected on the basis of your personal preferences;
  4. communicate with you about your account or transactions with us and send you information about features on our website or changes to our policies;
  5. optimize or improve our products, services and operations.
Additionally, RES Software may ask you details about your work and position. We use these details to obtain a clearer picture of our customers and to develop our services and website in line with your personal preferences. RES Software may also record all information (e.g. the IP address used), with a view to collating user statistics, and for the protection of own website. 
 
Finally, we collect information that you voluntarily provide to us through responses to surveys, search functions, questionnaires, feedback forms and the like.
By submitting personal information, you consent to the use of that information as set out in this Privacy Statement.
 
SENSITIVE INFORMATION
 
We do not collect, use or disclose sensitive information (e.g. information about religious or political ideologies, racial or ethnic backgrounds).
 
YOUR CONTROLS AND CHOICES
 
RES Software provides you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. You can always contact us in order to:
  1. correct, update or remove the personal information that you have provided to us;
  2. change your choices for subscriptions, newsletters and alerts; and
  3. change your preferences with respect to marketing contacts by e-mailing us at marketing@ressoftware.com. Such request will be processed within ten (10) days.
You may exercise your controls and choices, or request access to your personal information, by contacting us at info@ressoftware.com. Please be aware that, if you do not allow us to collect personal information from you, we may not be able to deliver certain products and services to you, and some of our services may not be able to take account of your interests and preferences. 
If you have questions regarding the specific personal information about you that we process or retain, please contact info@ressoftware.com.
 
SAFE HARBOR PRINCIPLES
 
RES Software is committed to following the Privacy Principles for all Personal Information within the scope of the Safe Harbor Frameworks. 
 
NOTICE
 
RES Software may collect and retain your Personal Information, or transfer your Personal Information within RES Software group of companies in the EU and the U.S. Such Personal Information will only be collected, saved and/or transferred for the purposes defined above. 
 
Where RES Software obtains personal information from individuals in the EU and/or Switzerland, we will inform them in clear and conspicuous language of the purposes for which it collects and uses their personal information and the choices and means that RES Software offers individuals for limiting the use and disclosure of their personal information. 
 
CHOICE
 
RES Software will offer individuals the opportunity to choose (opt-out) whether their personal information is to be disclosed to a third party (unless that disclosure is allowed or required by contract or law), or to be used for a purpose that is incompatible with the purpose for which that information was originally collected or subsequently authorized by the individual. 
 
We support and subscribe to these protections, but in any event RES Software will not disclose or transfer your Personal Information to any other party for any purpose other than that for which it was collected, except when:
  1. we have your express consent to share the information for a specified purpose;
  2. we need to respond to subpoenas, court orders or other legal process, to establish or exercise our legal rights or defend against legal claims;
  3. we need to protect the personal safety of the users of our websites or defend the rights or property of RES Software; and 
  4. we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law.
 
ONWARD TRANSFERS
 
RES Software will ensure that any third party to which Personal Information may be disclosed will safeguard Personal Information consistently with this Privacy Statement. Furthermore, such third party:
  1. has need of the Personal Information for the purpose for which that information was collected, and 
  2. has privacy policies that are consistent with ours or agrees to abide by our policies with respect to Personal Information.
 
DATA SECURITY 
 
The security and confidentiality of your information is extremely important to RES Software and therefore we have implemented technical, administrative and physical security measures that are designed to protect your personal information from loss, unauthorized access, improper use, alteration and unlawful or accidental destruction. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.
 
Also, we limit access to personal information about you to employees who reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Our employees who have been granted access to your personal information are made aware of their responsibilities to protect the confidentiality, integrity, and availability of that information and have been provided training and instruction on how to do so.
 
DATA INTEGRITY
 
RES Software will only process Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, we will take reasonable steps to ensure that Personal Information is accurate, complete, current and reliable for its intended use.
 
ACCESS
 
Upon request, RES Software will allow an individual access to their Personal Information and allow the individual to correct, amend or delete inaccurate information, except where the burden or expense of providing access would be disproportionate to the risks to the privacy of the individual in the case in question or where the rights of persons other than the individual would be violated.
 
ENFORCEMENT
 
RES Software uses a self-assessment approach to assure compliance with this Privacy Statement and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the Safe Harbor Privacy Principles. 
 
Any employee that RES Software determines is in violation of this Privacy Statement will be subject to disciplinary action. 
 
DISPUTE RESOLUTION
 
Any questions or concerns regarding the use or disclosure of Personal Information should be directed to the following e-mail address: legal@ressoftware.com. RES Software will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the Safe Harbor Privacy Principles. 
 
We strongly encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with the Safe Harbor Privacy Principles.
 
RES Software has agreed to cooperate and comply with the EU Data Protection Authorities (DPAs) with respect to all types of data received from the EU and with the Federal Data Protection and Information Commissioner with respect to all types of data received from Switzerland. Hence, we have agreed to participate in the dispute resolution procedures of the panel established by the DPAs and the Commissioner to resolve disputes pursuant to the Safe Harbor Privacy Principles. 
 
If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by RES Software, you may contact either the panel of the EU DPA via ec-dppanel-secr@ec.europa.eu, or individual DPAs (http://ec.europa.eu/justice/data-protection/bodies/authorities/eu/index_en.htm), or the Commissioner via http://www.edoeb.admin.ch/kontakt/index.html?lang=en
 
COOKIES
 
When you visit our website, our servers automatically record standard information that your browser sends whenever you visit a website. These server logs may include information such as the page(s) you visited, your Internet Protocol address, cookie information, browser type, browser language, and the date and time of your request. We use this traffic data to help diagnose problems with our servers, analyze trends and administer our website.
 
Generally, we automatically collect usage information, such as the numbers and frequency of visitors to our website and its components, number of links clicked within the website, etc. This data is only used in the aggregate. This type of collective data enables us to determine how users interact with the website, so we can identify areas for improvement.
 
We use third party tool cookies to make our website easier for you to use, for example, by remembering that you are logged in. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. 
 
The third party tool cookies are listed below:
Third party Name Category Cookie Name retention period extra information
Google Analytics Web Analytics / Metrics _ga 2 years
Google Analytics is a web analysis service that is offered by Google Inc. (“Google“). Google Analytics uses cookies to analyze the usage of the website by users (i.e., the pages you go to most often), and any error messages you receive to understand how the site is being used and identify problem areas to improve user experience. 
 
RES Software uses analytics.js JavaScript library on its website that uses a single first-party cookie containing an anonymous identifier which is used to distinguish users. 
 
You can find out more about Google’s privacy policy concerning its analytics service at Google privacy policy. Google also offers a tool that allows you to opt-out of being tracked by Google Analytics across all websites and can be found here
 
Marketo Visitor / Marketing Profile

_mkto_trk

_mkt_library 

_mkt_whitepapers

360 days
Our website uses an automations system provided by Marketo Inc.  Marketo uses cookies to recognize you as a unique user when you return to the site, and to track various data related to your website usage in order to provide custom content or services related to your specific interests. Marketo allows the scoring of users based on their activity (including repeat visits, number of pages visited, and requesting information) to determine how sales- ready users are. 
 
The cookies placed by the Marketo server are readable only by Marketo. All information gathered on users is held in secured global cloud servers.
 
You can find more information on Marketo here.
The cookies do not collect personal information, and we do not combine information collected through cookies with other personal information unless you have also completed one of the forms on our website requesting a service, such as to register to attend a webinar, view a recorded webinar, download a white paper, obtain a free trial or obtain a product demonstration.. That information is cached so you do not have to complete the form each time. 
 
The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. You can set your browser to refuse all cookies, but some of our website features and services may not function properly if your cookies are disabled. We recommend that you leave the cookies activated, however, because cookies enable you to take advantage of all of our website features.
 
 
TRANSFER OF OWNERSHIP
 
During the further growth and development of RES Software group, one or more companies or activities of RES Software may be transferred to a third party. In this case, your personal details might also be transferred.
 
PASSING ON INFORMATION 
 
We operate globally and may transfer your personal information within the individual companies of RES Software or third parties in locations around the world for the purposes described in this Privacy Statement. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information. 
 
CHANGES 
 
The Privacy Statement can be amended from time to time consistent with requirements of the Safe Harbor Framework to accommodate new technologies, industry practices, regulatory requirements and/or for other purposes. Any such changes will be published on this page.
 
If you continue to use our website after any such amendments, this signifies your acceptance thereof.
 
QUESTIONS AND SUGGESTIONS 
 
Should you have any questions and/or suggestions regarding this Privacy Statement or RES Software Privacy Policy, you can send an e-mail to RES Software customer service via info@ressoftware.com.
 
COPYRIGHT INFO
 
Copyright © 1998-2014 RES Software. All rights reserved.
 
Effective date: May 29, 2014.