Terms of Use

Acceptance of terms

YTRIA makes this Web site, including all information, documents, communications, files, text, graphics, software, and products available through the Site, available for your use subject to the terms and conditions set forth in this document and any changes to this document that YTRIA may publish from time to time (“Terms of Use”). By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

YTRIA reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check the “Terms of Use” link on the Site’s home page to view the current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Intellectual property limited license to users

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, YTRIA and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of software

The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of YTRIA and/or its suppliers.

Use of the software is governed by the terms of the software agreement Information that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes a software agreement unless you agree to the terms of such software agreement. If you do not agree to such terms, you will not be able to use the software.

You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Use of YTRIA content and user content

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the YTRIA Content and User Content available on this Site subject to the following conditions:

The YTRIA Content and User Content may be used solely for personal, informational, and internal purposes
The YTRIA Content and User Content may not be modified or altered in any way.
The YTRIA Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
You may not remove any copyright or other proprietary notices contained in the YTRIA Content and User Content.
YTRIA reserves the right to revoke the authorization to view, download, and print the YTRIA Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from YTRIA.
The rights granted to you constitute a license and not a transfer of title.

Trademark information

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of YTRIA or other third parties. You are not permitted to use the Marks without the prior written consent of YTRIA or such third party that may own the Marks. YTRIA and the YTRIA logo are trademarks of YTRIA.

The IBM logo and the IBM Advanced Business Partner mark are trademarks of International Business Machines Corporation, registered in many jurisdictions worldwide.

License to Ytria for user content

Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant YTRIA one of the following types of licenses:

For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using YTRIA products, you grant YTRIA a worldwide, royalty-free, nonexclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant YTRIA the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site. If you submit User Content to the FAQ board, you acknowledge that such content may be modified and annotated, and YTRIA may display the User Content together with such modifications and annotations solely for purposes of the FAQ Board. You acknowledge and agree that any User Content you submit to YTRIA, such as actions or extensions, may be downloaded, modified, reproduced, and distributed by users of this Site.

For User Content such as comments to the YTRIA User to User Forums, bug reports, piracy reports, or product suggestions, you grant YTRIA and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that YTRIA is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you.

Prohibited communications

You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

Hyperlinks

YTRIA makes no representations whatsoever about any other web sites which you may access through this one. All other web sites are independent from YTRIA’s, and YTRIA has no control over the content of such web sites. YTRIA does not endorse or accept any responsibility for the content or the use of such other web sites. You must take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In no event will YTRIA be liable for any damages whatsoever including, without limitation, special, indirect or consequential damages, whether in contract, tort, strict liability or otherwise, arising out of or in connection with any hyperlinked web site or for any damages resulting from any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if YTRIA is expressly advised of the possibility of such damages.

User conduct

In using the Site, including all Services and Materials available through it, you agree:

not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites;
not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
not to create a false identity;
not to use or attempt to use another’s account, password, service, or system without authorization from YTRIA
not to access or attempt to access any Design Content which you are not authorized to access;
not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

Managing content and communications

Although it is not our intention to do so, YTRIA reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, YTRIA reserves the right to delete or remove Design Content if the relevant subscription has expired or lapsed or if YTRIA has a good faith belief that the user posting such Design Content has violated these Terms of Use, or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of YTRIA or others.

YTRIA may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas FAQ boards, or other user forums; and (ii) the substance of any User Content. To the maximum extent permitted by law, YTRIA will have no liability related to User Content or Design Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. YTRIA also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Design Content.

Use and protection of account number and password

You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

Warranties and disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND YTRIA OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YTRIA MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. YTRIA MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND YTRIA MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) YTRIA DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) YTRIA MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) YTRIA SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. YTRIA ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YTRIA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

International users

The Site is controlled, operated, and administered by YTRIA from its offices within Canada. YTRIA makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the Canada, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the Canada, you are responsible for compliance with all local laws.

Personal information and privacy

To learn about how YTRIA protects your personal information, such as your name and address, refer to the YTRIA Online Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. With the exception of certain types of User Content, any non-personal information or material sent to YTRIA will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of YTRIA or others, or as stated in our Privacy Policy. Please be aware that your browser must be enabled to accept cookies in order for you to purchase from the YTRIA online store.

Limitation of liability

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL YTRIA, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT YTRIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Governing law and jurisdiction

This web site is operated from Montreal, Province of Quebec, Canada, and you agree that these terms of use and any legal action or proceeding relating to this web site shall be governed by the laws of the Province of Quebec and/or the laws of Canada, as applicable, except as they pertain to conflicts of laws. If you attempt to bring any legal proceedings against YTRIA you specifically acknowledge that YTRIA is free to choose the jurisdiction of its preference as to where such action may be held. As you have agreed by using this web site to choose the laws of the Province of Quebec and/or Canada, as applicable, to govern any such proceedings, YTRIA can choose to defend any such action in Quebec entirely to its discretion, without regard to the jurisdiction where you reside, or to the country from which you visited this web site.

Language

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

YTRIA reserves the right to modify or amend this statement at any time and for any reason. Nothing in this statement is intended to create a contract or agreement between YTRIA and any user visiting this web site or providing identifying information in any form.