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Terms & Conditions

Legal Information & Notices

Ownership of DNAappstore; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Open Solutions Inc. (“Open Solutions”) web DNAappstore™ located at www.dnaappstore.com, and all associated DNAappstores linked to www.dnaappstore.com by Open Solutions, its subsidiaries and affiliates, including Open Solutions DNAappstores around the world (collectively, the “DNAappstore”). The DNAappstore is the property of Open Solutions Inc. (“Open Solutions”) and its licensors. BY ACCESSING OR USING THE DNAAPPSTORE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE DNAAPPSTORE.

As used herein, “you”, “your” and other similar second person pronouns refer to the individual natural person accessing and/or using this website.  By using this website, you acknowledge that such use is for the benefit of and on behalf of an entity which is your employer (“Company”).  You agree that such use is authorized by Company and that Company is ultimately responsible for your actions on this website, and that these Terms and Conditions apply to and are agreed to by Company

Open Solutions reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the DNAappstore following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Open Solutions grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the DNAappstore.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the DNAappstore is owned, controlled or licensed by or to Open Solutions or by Open Solutions’ business affiliates and vendors, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the DNAappstore and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web DNAappstore or other medium for publication or distribution or for any commercial enterprise, without Open Solutions’ express prior written consent.

You may use information on Open Solutions’ products and services purposely made available by Open Solutions for downloading from the DNAappstore, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the DNAappstore
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the DNAappstore or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the DNAappstore or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the DNAappstore. Open Solutions reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the DNAappstore, or any other systems or networks connected to the DNAappstore or to any Open Solutions server, or to any of the services offered on or through the DNAappstore, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the DNAappstore or any network connected to the DNAappstore, nor breach the security or authentication measures on the DNAappstore or any network connected to the DNAappstore. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the DNAappstore, or any other customer of Open Solutions, including any Open Solutions account not owned by you, to its source, or exploit the DNAappstore or any service or information made available or offered by or through the DNAappstore, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the DNAappstore.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the DNAappstore or Open Solutions’ systems or networks, or any systems or networks connected to the DNAappstore or to Open Solutions.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the DNAappstore or any transaction being conducted on the DNAappstore, or with any other person’s use of the DNAappstore.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Open Solutions on or through the DNAappstore or any service offered on or through the DNAappstore. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the DNAappstore or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Open Solutions or others.

Purchases; Other Terms and Conditions


Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the DNAappstore, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the DNAappstore or for any service offered on or through the DNAappstore, the latter terms shall control with respect to your use of that portion of the DNAappstore or the specific service.

Open Solutions’ obligations, if any, with regard to its products and services are governed solely by the license agreements pursuant to which they are provided, and nothing on this DNAappstore should be construed to alter such license agreements.

Open Solutions may make changes to any products or services offered on the DNAappstore, or to the applicable prices for any such products or services, at any time, without notice. The materials on the DNAappstore with respect to products and services may be out of date, and Open Solutions makes no commitment to update the materials on the DNAappstore with respect to such products and services.

The following terms also govern and apply to use of the DNAappstore, and they are incorporated herein by this reference:

  • Trademark Information
  • Copyright Information
        Rights and Permissions
        Infringement Claims
  • Piracy Prevention
        Report Piracy
  • Open Solutions’ Policy on Unsolicited Ideas
  • Contact for Legal Notices

Each of these items may be changed from time to time and are effective immediately upon posting such changes on the DNAappstore.

Accounts, Passwords and Security


Certain features or services offered on or through the DNAappstore may require you to open an account (including setting up an Open Solutions ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Open Solutions immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Open Solutions or any other user of or visitor to the DNAappstore due to someone else using your Open Solutions ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Open Solutions ID, password or account at any time without the express permission and consent of the holder of that Open Solutions ID, password or account, in each instance. Open Solutions cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
Open Solutions’ Privacy Policy applies to use of this DNAappstore, and its terms are made a part of these Terms of Use by this reference. To view Open Solutions’ Privacy Policy, click here. Additionally, by using the DNAappstore, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the DNAappstore may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Web Sites and to the Open Solutions Web Sites

This DNAappstore may contain links to other independent third-party Web Sites (“Third Party Sites”). These Third Party Sites are provided solely as a convenience to our visitors. Such Third Party Sites are not under Open Solutions’ control, and Open Solutions is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with these Third Party Sites.

Disclaimers
OPEN SOLUTIONS DOES NOT PROMISE THAT THE DNAAPPSTORE OR ANY CONTENT, SERVICE OR FEATURE OF THE DNAAPPSTORE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE DNAAPPSTORE WILL PROVIDE SPECIFIC RESULTS. THE DNAAPPSTORE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE DNAAPPSTORE IS SUBJECT TO CHANGE WITHOUT NOTICE. OPEN SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPEN SOLUTIONS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE DNAAPPSTORE AND/OR ANY OPEN SOLUTIONS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE DNAAPPSTORE AND ANY THIRD PARTY SITES. YOUR SOLE REMEDY AGAINST OPEN SOLUTIONS FOR DISSATISFACTION WITH THE DNAAPPSTORE OR ANY CONTENT IS TO STOP USING THE DNAAPPSTORE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Open Solutions reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the DNAappstore, or any portion of the DNAappstore, for any reason; (2) to modify or change the DNAappstore, or any portion of the DNAappstore, and any applicable policies or terms; and (3) to interrupt the operation of the DNAappstore, or any portion of the DNAappstore, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will Open Solutions, its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, licensors or subcontractors be liable to anyone for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits or damages resulting from loss of data, even if Open Solutions has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Open Solutions is found to be liable to anyone for any damage or loss which arises out of or is in any way connected with use of the DNAappstore or any Content, Open Solutions’ liability shall in no event exceed US$100.00.

Indemnity
You and Company agree to indemnify and hold Open Solutions, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees and costs), made against Open Solutions by any third party due to or arising out of or in connection with access or use of the DNAappstore.

Violation of These Terms of Use


Open Solutions may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the DNAappstore, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Open Solutions’ rights or property, or the rights or property of visitors to or users of the DNAappstore, including Open Solutions’ customers. Open Solutions reserves the right at all times to disclose any information that Open Solutions deems necessary to comply with any applicable law, regulation, legal process or governmental request. Open Solutions also may disclose your information when Open Solutions determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Open Solutions may preserve any transmittal or communication by you with Open Solutions through the DNAappstore or any service offered on or through the DNAappstore, and may also disclose such data if required to do so by law or Open Solutions determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Open Solutions, its employees, users of or visitors to the DNAappstore, and the public.

You agree that Open Solutions may, in its sole discretion and without prior notice, terminate your access to the DNAappstore and/or block your future access to the DNAappstore if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the DNAappstore. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Open Solutions, for which monetary damages would be inadequate, and you consent to Open Solutions obtaining any injunctive or equitable relief that Open Solutions deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Open Solutions may have at law or in equity.

You agree that Open Solutions may, in its sole discretion and without prior notice, terminate your access to the DNAappstore, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the DNAappstore or any service offered on or through the DNAappstore, or (4) unexpected technical issues or problems.

If Open Solutions does take any legal action against you or Company as a result of your violation of these Terms of Use, Open Solutions will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Open Solutions. You agree that Open Solutions will not be liable to you, Company or to any third party for termination of your access to the DNAappstore as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution


You and Company agree that all matters relating to your access to or use of the DNAappstore, including all disputes, will be governed by the laws of the United States and by the laws of the State of Connecticut without regard to its conflicts of laws provisions. You and Company agree to the personal jurisdiction by and venue in the state and federal courts in Hartford County, Connecticut, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.  In the event of any controversy or dispute between Open Solutions and you or Company arising out of or in connection with your use of the DNAappstore, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days, the parties may pursue any legal remedies at its disposal.

Void Where Prohibited


Open Solutions administers and operates the DNAappstore from its location in Cherry Hill, New Jersey, United States of America.  Although the DNAappstore is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the DNAappstore are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.  Open Solutions reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.  Any offer for any feature, product or service made on the DNAappstore is void where prohibited. If you choose to access the DNAappstore from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. 

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the DNAappstore, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Open Solutions with regard to your use of the DNAappstore, and any and all other written or oral agreements or understandings previously existing between you and Open Solutions with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Open Solutions, Open Solutions will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Open Solutions’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Open Solutions of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Open Solutions and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.  Open Solutions reserves all rights not expressly set forth herein.

Open Solutions provides access to Open Solutions international data and, therefore, may contain references or cross references to Open Solutions products, programs and services that are not announced in your country. Such reference does not imply that Open Solutions in your country intends to announce such products, programs or services.

Feedback and Information


Any feedback you provide at this DNAappstore shall be deemed to be non-confidential. Open Solutions shall be free to use such information on an unrestricted basis.

The information contained in the DNAappstore is subject to change without notice.
Copyright © 2011 Open Solutions Inc. All rights reserved.
Open Solutions Inc., 455 Winding Brook Drive, Glastonbury, CT 06033

Updated by Open Solutions Legal Department on April 19, 2011.

 

Links to Other Materials

  • The following is a list of Open Solutions’ trademarks and service marks:

 

Open Solutions DNA

DNAappstore

DNAcreator

Open Solutions Inc. ®

 

  • When using the marks in publications that will be distributed only in the United States, include the appropriate TM, SM, or ® symbol on first use. For publications that will be distributed outside the United States, do not include trademark symbols. Instead use the appropriate trademark attribution notice, for example: Open Solutions Inc.®  is a trademark of Open Solutions Inc., registered in the U.S. and other countries.
  • Remember that trademarks are adjectives, and cannot be made plural or possessive.
  • The absence of a product or service name or logo from this list does not constitute a waiver of Open Solutions’ trademark or other intellectual property rights concerning that name or logo.

Copyright Infringement Claims

If you believe that your work has been copied in a way that constitutes infringement on Open Solutions’ DNAappstore, please see below:

Open Solutions Inc. ("Open Solutions") respects the intellectual property rights of others, and we ask our users to do the same. Open Solutions may, in its sole discretion, terminate the accounts of users who violate others’ intellectual property rights.

If you believe that your work has been copied in a way that constitutes infringement on Open Solutions’ web DNAappstore, please provide the following information to Open Solutions’ Copyright Agent:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the DNAappstore;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Open Solutions’ Copyright Agent:

Open Solutions Inc.

Attn: EVP & General Counsel

455 Winding Brook Drive

Glastonbury, CT 06033

Rights and Permissions
If you have any questions concerning the usage or licensing of Open Solutions copyrighted materials, for example, photographs, video footage, Open Solutions advertisements or other Open Solutions materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the Open Solutions material.

Marketing or advertising requests (which may include product placement and partnership requests) may be mailed to

 

Open Solutions Inc.

Attn: Chief Marketing Officer

455 Winding Brook Drive

Glastonbury, CT 06033

For use of Open Solutions copyrighted or trademarked material in third party works (e.g., books, publications or media/broadcast) please mail your detailed request to Chief Marketing Officer, Open Solutions Inc., 455 Winding Brook Drive, Glastonbury, CT 06033 and include the following:

  • Specific image(s) or material for which you are seeking permission
  • Surrounding copy or text to the Open Solutions material you wish to use in your project
  • Publisher, if applicable
  • Publishing date (and countries), if applicable
  • Title, if applicable
  • How Open Solutions and its products fit into your project
  • Your deadline

For any other information relating to Open Solutions’ Copyrights or Trademarks, please refer elsewhere in this document.

Requests may also be faxed to Open Solutions Rights and Permissions at (860) 815-5777 or mailed to Open Solutions Inc., Attention: Chief Marketing Officer, 455 Winding Brook Drive, Glastonbury, Connecticut, USA 06033.

Software License Information

  • Your use of Open Solutions-branded hardware and software products is based on the software license and other terms and conditions in effect for the product at the time of purchase. You will be asked to agree to the terms of the applicable agreement at the time that you obtain or install the software or setup the hardware product. You may review the agreements for Open Solutions’ currently shipping products, by clicking the appropriate link below.
  • Please be aware, however, that your purchase is subject to the particular agreement that accompanied the software or hardware product at the time of purchase and that you must agree to the terms and conditions of that agreement when you install the software or set up the product. That agreement may differ from the version of the agreements you can review here. Be certain to read the applicable agreement carefully before you install the software or set up the product.

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