Thanks for using our products (“Software”) and services (“Services”). The Software and Services are provided by Blue Dolphin, LLC (“BD”), located at P.O. Box 62 Mount Prospect, IL 600056, United States. The Software and Services are provided for the exclusive use of the Subscriber (the individual, company, or entity who opened the account), who may allow access to other people or companies.
By using our Software and Services, you are agreeing to these terms. Please read them carefully.
BD grants you a corporate, nonexclusive, non-sublicensable limited license to install and use the Software (as defined below) on any computer for which our Services will be also used. You may also make copies of the Software as necessary for backup and archival purposes, provided that the copyright notice is reproduced in its entirety on the backup copy. The term "Software" shall include the software components, media, all copies made by you and any upgrades, modified versions, updates, additions and copies of the Software licensed to you by BD. BD and its suppliers reserve all rights not granted herein. The individual who personally or on behalf of another entity initiated the subscription of our Services is the account holder ("Account Holder").
2. Other Rights and Limitations
You agree not to modify, adapt or translate the Software. You also agree not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not share, rent, lease, transfer, encumber, sublicense or lend the Software. You also agree not to use the software or any BD provided services used by the software in any manner not consistent with the established functions already designed and included in the Software. You may, however, distribute the Software only to third parties, only when the Customers agree to the terms and condition of this Agreement. Such sublicensing may have fees for each additional user per the terms of your agreement with BD.
Title, ownership rights, and intellectual property rights in and to the Software and any copies thereof shall remain with BD. There is no transfer to you of any title to or ownership of the Software and this License shall not be construed as a sale of any rights in the Software. The Software is protected by Copyright Laws of the United States and international copyright treaties, as well as other intellectual property laws and treaties. Except as otherwise provided in this Agreement, you may not copy the Software. You also agree not to remove or alter any copyright and other proprietary notices on any copies of the Software.
The Software is provided for your use during the term of the subscription serviced by BD. Upon cancellation of this service, you shall delete, and cease to use, the Software and any copies thereof from all hardware.
Agreed pricing is that which is advertised and offered by BD at the time of the initial service subscription by you. These prices are subject to an annual increase based on the U.S. government annual index of inflation. A minimum of 3 users are billed for on the 1st of each month with additional storage charges if applicable. You agree to review these charges each month and present any disputes within 60 days. Charges are accrued daily, prorated each month, and based on the number of active users you have allowed to use the software. The number of allowed users may be changed by other people you have allowed to make these changes but will not exceed the 'Maximum Users Allowed' which can only be set by the account holder.
5. File and Data Property
All Files and Data provided by you or any other user becomes the property of the Subscriber, is stored and managed by our Software, and is for the Subscribers exclusive use only. All Files and Data delivered by our Software and Services to you is the exclusive property of the Subscriber and may be only viewed and used by you for the purposes intended by the Subscriber. It may not be, in whole or in part, re-transmitted, delivered, shared, or made available to any other parties without the Subscribers written authorization.
Under no circumstances will BD use, view, or access the Subscribers Files or Data for any purpose other than testing, maintenance, or other essential functions required to operate the service.
6. Protection and Security
You agree to take all reasonable steps to safeguard the Software and any supporting services to ensure that no unauthorized person has access to them and that no unauthorized copy, publication, disclosure or distribution, tampering of any of the Software or services is made. You acknowledge that the Software contains valuable, confidential information and trade secrets, that unauthorized use and copying are harmful to BD, and that you have a confidentiality obligation as to such valuable information and trade secrets. This Article shall survive for a period of five (5) years from the date of termination of this Agreement.
7. Warranty Disclaimer
You acknowledge and agree that the use of the Software is at your sole risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFINGEMENT OF THE RIGHTS OF THIRD PARTIES (INCLUDING WITHOUT LIMITATION RIGHTS UNDER PATENT, COPYRIGHT AND TRADE SECRETS). FURTHER, BD DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS (A) THAT THE SOFTWARE WILL BE FREE FROM BUGS OR ERRORS, OR (B) THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, OR (C) THE SOFTWARE'S PERFORMANCE OR RESULTS, OR (D) THAT ANY DOCUMENTATION IS CORRECT, ACCURATE OR RELIABLE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
8. Exclusion of Indirect Damages
IN NO EVENT SHALL BD BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OR THIS AGREEMENT WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABLITY, BREACH OF WARRANTY, OF MISREPRESENTATION FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS; OR ANY MATTER BEYOND BD’S REASONABLE CONTROL. Some jurisdictions do not allow the exclusion or limitation of direct or indirect damages, so the above exclusion may not apply to you.
Without prejudice to any other rights BD has, this Agreement shall automatically terminate upon failure by you to comply with its terms. Within thirty (30) days after termination, you shall delete, and cease to use, the Software and any copies thereof from all hardware. You may also terminate this Agreement at any time by uninstalling and destroying the Software and all copies thereof, and notification to BD of your cancellation of the service.
10. Export Restriction
You agree not to transfer, export or re-export the Software and any data or information which you obtained from BD or use the Software without a proper license under applicable governing laws, restrictions and regulations, or the applicable laws of the jurisdiction in which the Software is obtained.
11. General Provisions
This Agreement shall be governed and construed under by the laws of the United States without regard to its conflicts of law rules.
This Agreement is the entire agreement between the parties with respect to the Software, and supersedes any purchase order, communication, advertisement, or representation concerning the Software.
This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives.
If any provision or portion thereof shall be unenforceable or invalid under any applicable law, then this Agreement shall not be rendered unenforceable or invalid as a whole, and such provision or portion thereof shall be changed to the minimum extent possible and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision or portion thereof within the limits of applicable law.
This Agreement may only be modified by an authorized officer of BD; BD shall be entitled to modify this Agreement at any time, with or without notice to you. If you do not agree to such modifications, you may terminate this Agreement pursuant to Section 9 above.
Any dispute brought by you relating to or arising out of this Agreement, which cannot be resolved through mutual negotiation, shall be subject to arbitration in Oak Brook, IL USA according to the local laws. You must file said arbitration no later than six (3) months from the date the dispute arose.
12. Extended Provisions
This Agreement includes all provisions, restrictions, and service limitations of BD’s suppliers required to operate our Service, including but not limited, internet service providers (ISPs), FTP service providers, site hosts, and map providers.
13. Collection of your Personal Information
BD may collect personally identifiable information, such as your e-mail address, name, home or work address or telephone number. BD may also collect anonymous demographic information, which is not unique to you.
There may also be information about your computer hardware and software that is automatically collected by BD. This information can include: your IP address, browser type, domain name, access times and referring Website addresses. This information is used by BD for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the BD Website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through the Software, this information may be collected and used by others. Note: BD does not read any of your private online communications.
14. Use of your Personal Information and Data
BD may collect and use your personal information or data to operate the Software and deliver the services you have requested. BD also may use your personally identifiable information to inform you of other products or services available from BD and its affiliates.
BD does not sell, rent or lease any data to third parties.
BD does not use or disclose sensitive personal information without your explicit consent.
BD keeps track of the Websites and pages our visitors use in order to determine what BD services are the most popular. This data is used to deliver customized content and advertising within BD to customers whose behavior indicates that they are interested in a particular subject area.
BD Website will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on BD or the site; (b) protect and defend the rights or property of BD; and, (c) act under exigent circumstances to protect the personal safety of users of BD or the public.
The Software and Website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize BD pages, or register with BD site or services, a cookie helps BD to recall your specific information on subsequent visits. This simplifies the process of recording your personal information. When you return to the same BD Service or Website, the information you previously provided can be retrieved, so you can easily use the BD features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the BD services or Websites you visit.
16. File Types
The Software restricts the upload of certain file types in order to maintain server integrity and security. The list of restricted files is periodically updated and may change without notice. The list of currently restricted files is now listed here and is current at the time of this writing. This list may not always be updated so please check with support for the latest list.
Files restricted for upload are the following types: EXE, .PIF, .APPLICATION, .GADGET, .MSI, .COM, .SCR, .HTA, .CPL, .MSC, .JAR, .BAT, .CMD, .VB, .VBS, .JS, .JSE, .WS, .WSF, .WSC, .WSH, .LNK, .INF, .REG, .PHP, .HTACCESS, .WSDL, .CSS, .DIR, .MPEG, .WM, .M4V, .BIN, .MPG, .ISO, .MOV., .FLV, .MPEG4, .VIDEO, .AVI
17. Report Templates
The Software may make available 'report templates' which can be downloaded and used by you. The templates are supplied as-is and no warranty, expressed or implied, is made as to their suitability for your use functionally or as to their content. All content including language, style, text, and images should be customized and edited by you to suit your needs.