TERMS OF SERVICE FOR IMiS®/mDMS
Terms of Service provide details on how you can use the IMiS®/mDMS software applications and services for Android and iOS platforms made by Imaging Systems Inc.
They apply to all users who access IMiS®/mDMS components in any manner.
IMiS®/mDMS is a solution for accessing your IBM Notes applications through your mobile devices. Our service securely transfers data from IBM Notes applications (NSFs) between your IBM Domino server and your mobile device while data is never stored locally on the mobile device. You retain all and any ownership and intellectual property rights you have in the content of your IBM Notes Data.
You agree to provide accurate information when subscribing to IMiS®/mDMS. You also understand that you’re responsible for any activity in IMiS®/mDMS and for safeguarding any passwords that you use. You agree to use only the information to which you have appropriate permission rights.
Stability of IMiS®/mDMS is important to all our users, so we trust that you use IMiS®/mDMS responsibly, which includes, but not limited to, not to interfere with our services, to access our services using only methods, interfaces, applications and instructions that we provide.
You agree that you cannot:
(i) Copy, distribute, or disclose any part of IMiS®/mDMS in any medium;
(ii) Probe, scan, or test the vulnerability of the IMiS®/mDMS unless explicit and express permission is granted by owners of IMiS®/mDMS, Imaging Systems Inc.;
(iii) Breach or otherwise circumvent any security or authentication measures used by the IMiS®/mDMS;
(iv) Plant malware or otherwise use IMiS®/mDMS to distribute malware;
(v) Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose;
(vi) Violate the law in any way, or to violate the privacy of others, or to defame others, for example, by sending illegal or defamatory emails with IMiS®/mDMS.
We may permanently or temporarily revoke or suspend your access to IMiS®/mDMS without notice and liability for any reason including your violation of these Terms of Service. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.
You can use IMiS®/mDMS only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws and regulations.
By using IMiS®/mDMS, you allow IMiS®/mDMS to display your IBM Notes Data, including, but not limited to any archived document, email messages, contacts, notebook entries, calendar entries, and attachments for any of the mentioned items (anything you upload, submit, or transmit through IMiS®/mDMS, collectively “your data”). You retain ownership of any intellectual property rights for your data that you hold. These Terms of Service do not give us any rights to your data or intellectual property except for the rights we need to provide IMiS®/mDMS to you, as explained in these Terms of Service. You are responsible and liable for any data you copy, share, upload, download, attach, send, receive, record or otherwise do while using IMiS®/mDMS , and you represent that your data is actually yours or that you have all necessary rights to use your data on or through IMiS®/mDMS.
IMiS®/mDMS allows you to connect your IBM Notes Data so we can check, process and deliver data on your behalf. Our service securely transmits your IBM Notes Data to provide you access to the IMiS®/mDMS functionality. By using IMiS®/mDMS, you give us permission to execute actions that you choose to execute on your data, for example, sending, modifying or sharing your data as you direct. By using IMiS®/mDMS, you give us the permissions needed to provide IMiS®/mDMS services to you.
You are responsible and liable for your data and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using IMiS®/mDMS.
Imaging Systems Inc. owns all title, including but not limited to copyrights, in and to our software and any copies.
PRIVACY AND SECURITY
Use of our software requires you to download a client software packages, a mobile application (“software instances”). You must use a compatible device to use these software instances, so we cannot guarantee that our software will work on your devices. We grant you a limited, non-exclusive, non-transferable, revocable license to use these software instances, solely for the purposes of accessing your data using IMiS®/mDMS. Your license to use these software instances is automatically revoked if you violate the Terms of Service. You may not copy, modify, distribute, sell, or lease any part of our software, nor may you reverse engineer or attempt to extract the source code of our software. You must not remove or alter any copyright notices on any and all instances of our software.
You acknowledge and agree these Terms are solely between you and Imaging Systems Inc. It is not between you and Apple as owner of App Store, and it is not between you and Google as owner of Google Play (“respective marketplaces owners” of their “respective marketplaces”). Respective marketplaces owners have no responsibility for IMiS®/mDMS or the content sent or received using IMiS®/mDMS. Your use of IMiS®/mDMS must comply with terms provided by respective marketplaces owners. You acknowledge that respective marketplaces owners have no obligation whatsoever to furnish any maintenance and support services. If IMiS®/mDMS fails to conform to any applicable warranty, you may notify respective marketplaces owners, and they will refund the subscription price of IMiS®/mDMS to you, to the maximum extent permitted by applicable law. Respective marketplaces owners will have no other warranty obligation whatsoever with respect to IMiS®/mDMS, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to Imaging Systems Inc. as provider of the software. You acknowledge that respective marketplaces owners are not responsible for addressing any claims of you or any third party relating to IMiS®/mDMS or your possession and/or use of IMiS®/mDMS, including, but not limited to:
(i) Product liability claims;
(ii) Any claim that IMiS®/mDMS fails to conform to any applicable legal or regulatory requirement; and
(iii) Claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to Imaging Systems Inc. as provider of the software.
You acknowledge that, in the event of any third party claim that IMiS®/mDMS or your possession and use of IMiS®/mDMS infringes that third party’s intellectual property rights, IMiS®/mDMS, not respective marketplaces owners, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Imaging Systems Inc. acknowledge and agree that respective marketplaces owners, and their subsidiaries, are third party beneficiaries of these Terms of Service as relates to your license of IMiS®/mDMS, and that, upon your acceptance of the terms and conditions of these Terms, respective marketplaces owners will have the right to enforce these Terms as relates to your license of IMiS®/mDMS against you as a third party beneficiary of the software.
From time to time, we may issue upgraded versions of our software. You agree that these Terms of Service will apply to all such upgrades. Any third-party code that may be incorporated in our software and its instances is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the app or a copy of the app, and Imaging Systems Inc. and our partners and suppliers retain all rights and interest in the software. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void. We reserve all rights not expressly granted under these Terms of Service.
MODIFYING AND TERMINATING SERVICE
We are constantly changing and improving IMiS®/mDMS. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change IMiS®/mDMS at any time without prior notice. We may also remove content from IMiS®/mDMS at our discretion.
You agree to defend, indemnify and hold harmless Imaging Systems Inc. and its subsidiaries, agents, licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) Your use of and access to IMiS®/mDMS, including any data or content transmitted or received by you;
(ii) Your violation of any term of these Terms of Service;
(iii) Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
(iv) Your violation of any applicable law, rule or regulation;
(v) Any claims or damages that arise as a result of any of your data or any that is submitted via your account; or
(vi) Any other party’s access and use of IMiS®/mDMS with your customer ID, password or other appropriate security code.
We do everything possible to provide you a great service, but we cannot give guarantees on everything. IMiS®/mDMS is provided on an “as-is” and “as available” basis. Use of IMiS®/mDMS and our software is at your own risk. To the maximum extent permitted by applicable law, IMiS®/mDMS and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Imaging Systems Inc. and its licensors, do not warrant that the content is accurate, reliable or correct; that IMiS®/mDMS or the software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that IMiS®/mDMS and our software is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of IMiS®/mDMS is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or use of the service.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Imaging Systems Inc., its affiliates, officers, employees, agents, suppliers or licensors be liable for:
(a) Any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Imaging Systems Inc. has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose;
(b) Any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the mounts paid by you to Imaging Systems Inc. for the past one month of the service in question. If it is illegal for Imaging Systems Inc. to exclude certain liabilities or warranties for you because of your legal jurisdiction, only the said illegal exclusions do not apply to you. If your jurisdiction allows limiting liability for a certain kind of claims or damages but does not allow excluding such liability completely then in no event shall Imaging Systems Inc.’s liability for that particular claims or damages, whether in contract, tort or any other theory of liability, exceed the subscription fee paid by you, if any. Those who access or use IMiS®/mDMS do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations.
CHANGES OF THE TERMS OF SERVICE
Imaging Systems Inc. may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Imaging Systems Inc. in its sole discretion. Imaging Systems Inc. reserves the right to determine the form and means of providing notifications to IMiS®/mDMS users, provided that you may opt-out of certain means of notification as described in these Terms of Service. Imaging Systems Inc. is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Imaging Systems Inc. may, in its sole discretion, modify or update these Terms of Service from time to time, and so you should review this page periodically. When we change the Terms of Service in a material manner, we will update the “last modified” date at the bottom of this page. Your continued use of IMiS®/mDMS after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) IMiS®/mDMS.
These Terms of Service constitute the entire and exclusive agreement between you and Imaging Systems Inc. with respect to IMiS®/mDMS, and supersede and replace any other agreements, terms and conditions applicable to IMiS®/mDMS. These Terms of Service create no third party beneficiary rights. Imaging Systems Inc.’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms of Service will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms of Service, and any such attempt is void, but may be assigned by Imaging Systems Inc. without restriction. Imaging Systems Inc. and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms of Service.
Imaging Systems Inc.
Last Modified: February 15th, 2017