Support Site Terms of Service
(Last updated October 2008)
YOU MUST READ THESE TERMS OF SERVICE FOR THE DELTEK, INC. (“DELTEK”) ONLINE SUPPORT SITE ("TERMS OF SERVICE") CAREFULLY. BY USING ANY OF THE ONLINE SUPPORT SITE SERVICES OFFERED BY DELTEK AS DESCRIBED BELOW, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND FULLY UNDERSTAND ALL OF THESE TERMS, AND THAT YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THESE TERMS. DELTEK RESERVES THE RIGHT TO MODIFY ANY OR ALL THESE TERMS OF SERVICE AT ANY TIME AND SUCH CHANGES WILL BE POSTED AT DELTEK'S LEGAL PAGE. YOUR CONTINUED USE OF THE ONLINE SUPPORT SITE AFTER DELTEK POSTS CHANGES TO THESE TERMS OF SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
1. Description of Services. Deltek Customers will have the option of signing up for access to the Deltek Support Site and associated services, and shall have the option, at any time, to request cancellation of such access.
2. Restrictions on Use of the Online Support Site. As a user of the Online Support Site, you acknowledge and agree that you will not: (1) disrupt or interfere with the security of, or otherwise abuse, the Online Support Site, including uploading, downloading, transmitting or otherwise distributing any viruses or other harmful, disruptive or destructive files; (2) disrupt or interfere with any other user's enjoyment of the Online Support Site; (3) download, transmit or otherwise distribute any message, data, information, images, text or other material ("Materials") that may contain material infringing any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party or download, transmit or otherwise distribute any Materials that are unlawful, obscene, pornographic, indecent, lewd, harassing, threatening, inflammatory or otherwise objectionable; (4) send unsolicited email or advertisements to any person; or (5) otherwise violate any applicable federal, local, state, or international law.
4. Notice of Copyright Infringement. Deltek reserves the right to remove any Materials it believes is infringing on any Deltek or third party copyrights, and/or terminate any user from the Online Support Site. If you believe that any of your rights under U.S. copyright law have been infringed on by Materials on the Online Support Site, you may contact Deltek's designated copyright agent in writing. Your written notice must include the following: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) your address, telephone number and e-mail address; (3) identification of the copyrighted work claimed to have been infringed; (4) identification of the Materials that are claimed to be infringing or to be the subject of the infringing activity as well as information reasonably sufficient to permit Deltek to locate the material; (5) a statement that you have a good faith belief that use of the Materials are not authorized by you, your agent or by law; and (6) a statement, made under penalty of perjury, that all information provided in your notice is accurate, that the work claimed to have been infringed is subject to copyright protection, and that you are the owner of infringed work or have been duly authorized to act on behalf of the owner of the work allegedly being infringed. Deltek's designated copyright agent for receiving notice of copyright infringement claims is: Director of Contracts, Deltek Systems, Inc., Tel.:703.734.8606 x4744.
5. No Warranty. THE ONLINE SUPPORT SITE, INLUDING ALL CONTENT, MATERIALS, ADVERTISEMENTS, AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE ONLINE SUPPORT SITE IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, THE ONLINE SUPPORT SITE AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DELTEK DOES NOT WARRANT OR GUARANTEE THAT THE INFORMATION CONTAINED IN THE ONLINE SUPPORT SITE IS CORRECT, ACCURATE, RELIABLE, COMPLETE, FREE OF VIRUSES OR ERRORS, OR SECURE AND WILL NOT BE INTERRUPTED. BECAUSE CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF SOME WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. IN NO EVENT SHALL DELTEK OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, OR AFFILIATES, BE LIABLE TO YOU, FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, BUSINESS INTERRUPTION, OR FOR LIABILITY TO THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE FURNISHING, PERFORMANCE, OR USE OF THE ONLINE SUPPORT SITE PROVIDED HEREIN, EVEN IF DELTEK HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
7. Indemnification. You agree to defend, indemnify, and hold Deltek harmless from and against any and all claims and liabilities, including reasonable attorneys' fees and costs, related to or arising from (a) any breach of these Terms of Service; (b) your use of the Online Support Site; or (c) violation or infringement of any third party's rights. Deltek reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of Deltek.
8. Termination. Deltek may terminate your access and use of the Online Support Site at anytime for any reason within its sole discretion. Termination of your Ongoing Support Agreement in accordance with the terms of such agreement will terminate your access and use of the Online Support Site. Any claims or actions you may have against Deltek regarding services provided through the Online Support Site shall be governed by the terms of the license agreement between you and Deltek.
9. Severability. If any provision of the Terms of Service hereof is found by a tribunal of competent jurisdiction to be illegal or unenforceable, then such provision is hereby waived to the extent necessary for the Terms of Service to be otherwise enforceable.
10. Governing Law and Jurisdiction. You acknowledge and agree that the laws of the Commonwealth of Virginia shall govern the validity and construction of these Terms of Service, without reference to its choice of law provisions. You hereby consent to the personal and exclusive jurisdiction of the state and federal courts located within the Commonwealth of Virginia. You further acknowledge and agree that, regardless of any law to the contrary, any claim or cause of action arising from or in connection with your use of the Online Support Site must be filed by you within one (1) year after such claim or cause of action arises or be permanently barred.