Terms and Rules

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Site Terms & Rules

TERMS OF USE

BEFORE YOU USE THIS SITE, IT IS VERY IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS OF USE.

1. ABOUT THIS SITE: Epicor Software Corporation (“Epicor” or “we”) established and helps to maintain this site as a convenience to our licensed Eagle® customers. We may post or make material available on this site, but we are not the author of all of the postings you see on this site. We do not endorse any third party postings, nor do we review all of the postings to verify accuracy. Where we author a post, such material is made available to you subject to all of the terms and conditions of this site and your software license agreement with us. That means you may only use such material in conjunction with and as specifically allowed in your license agreement. You may not copy, modify, distribute, or make our material available to any third party.

2. YOU MUST BE A LICENSED EAGLE CUSTOMER: In order to access, view, and post to this site, you or the company you represent must be a licensed user of our Eagle software, a customer in good standing, and a subscriber to our maintenance and support services.

3. ACCEPTANCE & REGISTRATION: All access, use, and posting of content on this site are subject to these Terms of Use. Your access and use of this site acknowledges and evidences your acceptance to the provisions, rights, duties, limitations, and conditions specified herein. Please make sure you read and comply fully with these Terms of Use, and ensure that all of your colleagues at your company do so, too. We reserve the right to modify these Terms of Use, so ensure that you periodically review them. If you are asked to register, you must truthfully, accurately, complete the registration. We may retain and use any such registration information without charge to help us support, update, improve, and assist us in connection with the provision of our services or the licensing and development of our software products.

4. PROFESSIONAL USE: The purpose of this site is to help licensed Eagle customers exchange information which can allow greater use, and receive more value, from their acquisition of our Eagle software (“Purpose”). You must act in an ethical, professional, and appropriate manner in your access and use of this site. You must not post inappropriate material. We may terminate your use at any time, or we may terminate this site, in our sole discretion.

5. PRIVACY POLICY: Except as otherwise stated in this Terms of Use, the privacy policy included at our www.epicor.com website is hereby incorporated and applicable to your use of this site.

6. CONTENT: All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Epicor, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits to this site. No user shall transmit Content or otherwise conduct or participate in any activities in connection with this site that is prohibited by law in any applicable jurisdiction. Epicor reserves the right to refuse or delete any Content of which it becomes aware and at its sole discretion deems inappropriate or not to fulfill the Purpose. In addition, Epicor shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. You acknowledge and agree that you grant us a non-exclusive, royalty-free, perpetual, world-wide, license to use, copy, modify, make derivative works from, distribute, sublicense, and display any Content or other information you post or furnish in connection with the access or use of this site. DO NOT POST CONTENT TO THIS SITE IF YOU DO NOT WANT OTHERS TO HAVE ACCESS TO OR TO BE ABLE TO COPY OR USE IT.

7. DISCLAIMER OF EPICOR RESPONSIBILITY AND LIABILITY: EPICOR ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER, MAKES NO REPRESENTATION AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, RELATING TO ALL ASPECTS OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ITS ESTABLISHMENT, MAINTENANCE, INDIVIDUALS WHO MAY USE, THE CONTENT POSTED OR MADE AVAILABLE HEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, CORRECTNESS, APPROPRIATENESS OR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, SERVICEMARK, TRADE SECRET, PROPRIETARY INFORMATION, OR ANY OTHER INTELLECTUAL PROPERTY OR PERSONAL RIGHT. EXCEPT FOR THE LIMITED LICENSE TO CONTENT WE PUBLISH AS EXPRESSLY SPECIFIED HEREIN, NO LICENSE, OR RIGHTS, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, ARE GRANTED OR PROVIDED. THEREFORE, THIS SITE IS FURNISHED ON AN “AS-IS” BASIS, AND YOU USE THIS SITE AND THE CONTENT CONTAINED HEREIN AT YOUR OWN RISK.

8. INDEMNITY; You shall indemnify, defend and hold harmless Epicor, and its parent corporation and affiliates and their respective officers, employees and agents, and each of Epicor website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to, resulting from, or arising out of your violation or breach of these Terms of Use.

9. LIMITATION OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT EPICOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EPICOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES FOR ANY REASON RELATING TO YOUR ACCESS OR USE OF THIS SITE, OR THE ACCESS AND USE OF THIS SITE BY OTHERS. IN NO EVENT SHALL EPICOR’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100).

10. MARKS/BRANDS: Epicor logos and service marks, and product and service names are Epicor proprietary marks registered in the United States and in other countries (the "Epicor Marks"). These terms of use do not grant user any license in Epicor trademarks or any Epicor owned intellectual property. All other names and designs may be trademarks of their respective owners.

11. GOVERNING LAW. These Terms of Use are subject to and governed by the laws of the State of Texas. Venue for any matter shall reside in the federal and state courts in the County of Williamson

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