Terms of Use

Website Terms of Use

AGREEMENT BETWEEN USER AND STATSOFT ISRAEL LTD.


StatSoft Israel Ltd. (STATSOFT) on behalf of TrekData Technologies Ltd. (R.A. number 51-305158-1 existing under the laws of the State of Israel) with offices at Post Office Box 1403, Kfar Saba, 44113, Israel, hereby informs that the STATSOFT Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the STATSOFT Web Site constitutes your agreement to all such terms, conditions, and notices.

PLEASE READ THESE TERMS OF USE (the "Terms of Use") CAREFULLY BEFORE USING THE STATSOFT WEBSITE.


1. Accepting the Terms of Use

By accessing and using the STATSOFT website (the "Website") or by clicking to accept or agree to the Terms of Use where this option is available, you accept and undertake these Terms of Use and you signify your agreement to and intent to be bound by these Terms of Use. These Terms of Use apply to all users of the Website.

You may not use the Website or any information contained herein if you do not agree to the Terms of Use or if you are not permitted to accept the Terms of Use under any applicable law, regulation or obligation, including, without limitation, if you are not of legal age to form a binding contract.


2. Website Access

STATSOFT hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) comply in full with these Terms of Use (ii) your use of the Website as permitted is solely for your personal, noncommercial use; and (ii) you will not copy or distribute any part of the Website in any medium without STATSOFT's prior written authorization; and (iii) you will not access the Website using a different interface than the interface provided by STATSOFT, including, without limitation, by means of data mining, robots, or similar data gathering and extraction tools; and (iv) You will not to circumvent, disable, disrupt or otherwise interfere with any feature of the Website inclusive of it's servers or networks; and (v) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (vi) you will otherwise comply with any applicable law and with of these Terms of Use; and (vii) you will not upload, transmit or otherwise make available any content that is unlawful, harmful, abusive, defamatory, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or content that you do not have the right to upload, transmit, or make available.

In order to access some features of the Website, you will have to create an account. By creating your account, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes, and to maintain and update your information, as needed. You may not use another users account without obtaining prior written permission. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.

You are solely responsible for maintaining the confidentiality of your account, password or other account information and any activity that is occurs on your account, and you must keep your account password secure. You must notify STATSOFT immediately of any breach of security or unauthorized use of your account. You will be liable for any use of your account or password, including without limitation, our losses due to any unauthorized use of your account. We will not be liable for any losses incurred by you or anyone on your behalf and caused due to any unauthorized use of your account.


3. Content and Rights

STATSOFT Web Site is comprised of various Web pages operated by STATSOFT. The content of the Website, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, animations, designs, user interface ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned or licensed in by STATSOFT, and you hereby agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit them for any other purposes whatsoever without the prior written approval by STATSOFT and its licensors. STATSOFT reserves all rights not expressly granted in and to the Website and the Content.

STATSOFT distributes and publishes content supplied by third parties that may contain links to other Web Sites ("Linked Sites"). You fully understad that the Linked Sites are not under the control of STATSOFT and STATSOFT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. STATSOFT is not responsible for webcasting or any other form of transmission received from any Linked Site. STATSOFT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by STATSOFT of the site or any association with its operators.

Further more, it is acknowleged that STATSOFT has no control over such content and, without derogating from Section 4 below, STATSOFT assumes no warranty with respect to such content.

STATSOFT does not claim ownership of the materials you provide to STATSOFT (including feedback and suggestions) or post, upload, input or submit to any STATSOFT Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting STATSOFT, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

Some sections of the Website may provide you and other visitors of the Website with the opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, sound recordings, , creative works or other information, messages, transmissions or materials, including your name, to STATSOFT (collectively: "Submission"). You retain your rights in content which you submit, post or display on the Website. By submitting, posting or displaying such content you represent and warrant that it complies with these Terms of Use, and you acknowledge and agree that you are granting STATSOFT a perpetual, worldwide, unlimited, royalty-free, irrevocable, transferable (in whole or part), sublicensable and non-exclusive license to use, distribute, publicly display, reproduce, copy, edit, adapt, modify, translate, publish and publicly perform any such content. You represent and warrant to STATSOFT that you have all the rights, power and authority necessary to grant the above license.

You grant the above mentioned license to STATSOFT whether or not your submission (or any part thereof) is actually posted on the Website or used by STATSOFT. You acknowledge and agree that STATSOFT may, at its sole discretion, elect to post or not post your submission, or to remove your submission from the STATSOFT Website after it has been posted or published, at any time, for any reason and without notice, and not to use, exhibit or otherwise exploit your submission in any manner whatsoever. You further acknowledge and agree that you post, submit or upload your submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between STATSOFT, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission.

You are solely responsible for your Submission and any consequences of posting or publishing it on the Website in any form. These sections of the WebStite are public and not private, and you acknowledge and agree that you have no expectation of privacy with respect to any Submission posted or publisher in any such section of the Website.

No compensation will be paid with respect to the use of your Submission, as provided herein. STATSOFT is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in STATSOFT's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

The STATSOFT Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

STATSOFT has no obligation to monitor the Communication Services. However, STATSOFT reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. STATSOFT reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

STATSOFT reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in STATSOFT 's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. STATSOFT does not control or endorse the content, messages or information found in any Communication Service and, therefore, STATSOFT specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized STATSOFT spokespersons, and their views do not necessarily reflect those of STATSOFT.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.


4. No Warranty

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE WEBSITE IS ON YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STATSOFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. STATSOFT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN THE WEBSITE OR ANY RELIANCE ON THE CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY CHANGE, INTERRUPTION OR CESSATION OF THE WEBSITE, TEMPORARY OR PERMANENT, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. STATSOFT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STATSOFT WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING OR ANY USER SUBMMITION FEATURED IN THE WEBSITE, AND STATSOFT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, SERVICES, CONTENT AND ANY WEBSITE LINKED THERETO. YOUR SOLE REMEDY AGAINST STATSOFT FOR DISSATISFACTION WITH THE WEBSITE, SERVICES AND/OR CONTENT IS TO STOP USING THE WEBSITE, SERVICES OR ANY SUCH CONTENT.


5. Limitation of Liability

IN NO EVENT SHALL STATSOFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

STATSOFT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by STATSOFT from its facilities Israel. STATSOFT makes no representations that the STATSOFT Website is appropriate or available for use in other locations. Those who access or use the STATSOFT Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by STATSOFT without restriction.


7. Privacy Policy

STATSOFT only collects information that STATSOFT believes will improve its services. Like the operators of most websites, STATSOFT uses analytic and reporting technologies to record Non-Personal Information. STATSOFT will not provide your personal information to any third parties without your consent or as required by a competent authority. STATSOFT takes all reasonable precautions to prevent the loss, misuse or alteration of your personal information. However, data transmission over the internet is inherently insecure, and we cannot guarantee the security of your personal data. The Website contains external links to other websites and we are not responsible for the privacy policies of third party websites.


8. Copyright and Trademark Protection

STATSOFT is committed to protecting intellectual property rights. However, STATSOFT cannot - and does not - monitor all of the content on its website. If any of your rights were infringed by STATSOFT Website please let us know immediately. Our designated agent for notice of alleged copyright infringement on the Website is:

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.


Attn: G. Levinton - TrekData Technologies Ltd. POBox 4681, Ramat Hasharon, Israel


A notification of a claimed infringement must be in a written form, addressed to the designated agent as set forth above, and must include substantially all of the following:

  • i. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
  • ii. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
  • iii. Information related to the work(s) reasonably sufficient for STATSOFT to promptly locate the work (e.g. title of work, location within the Website, etc.);
  • iv. Information reasonably sufficient to permit STATSOFT to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
  • v. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • vi. A statement requesting that STATSOFT take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
  • vii. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. In the event your copyright infringement notice is discovered to be false, STATSOFT reserves its rights to take any legal measure it is entitled to under any applicable law.

  • 9. Purchase of Products and Payments

    Subject to any applicable law, you may place an order for a product, service or association membership fee through the Website only if you are at least 18 years old. All such transactions at the website are secured according to PCI international standard by Net Pay Ltd., STATSOFT's payment service provider. Payment becomes due and owing immediately after the order is placed. Our cancellation policy for orders of products, services or association membership fee is subject to the Israeli Consumer Protection Act, 1981, except in transactions where section 14c(d) of the act is applicable.

    Association membership will take effect upon completion of payment in accordance with the STATSOFT Articles of Association and subject thereto.

    Without derogating from Sections 4 and 5, STATSOFT will not be liable for any failure, delay, expense or loss incurred by you which is beyond STATSOFT's reasonable control.


    10. General

    The STATSOFT Website shall be deemed solely based in Israel and shall be deemed a passive website that does not give rise to personal jurisdiction over STATSOFT, either specific or general, in jurisdictions other than Israel. These Terms of Use shall be governed by the laws of the State of Israel. Any claim or dispute between you and STATSOFT that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located Tel-Aviv, Israel. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and STATSOFT's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. With respect to any person other than registered users, STATSOFT reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. All correspondence, negotiations and proceedings related to this Agreement will be in the English language only.

    STATSOFT reserves the right to change the terms, conditions, and notices under which the STATSOFT Web Site is offered, including but not limited to the charges associated with the use of the STATSOFT Web Site.

    STATSOFT reserves the right, in its sole discretion, to terminate your access to the STATSOFT Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Israel, and you hereby consent to the exclusive jurisdiction and venue of courts in Tel Aviv, Israel in all disputes arising out of or relating to the use of the STATSOFTWeb Site. Use of the STATSOFT Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and STATSOFT as a result of this agreement or use of the STATSOFT Web Site. STATSOFT 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of STATSOFT 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the STATSOFT Web Site or information provided to or gathered by STATSOFT with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and STATSOFT with respect to the STATSOFT Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and STATSOFT

    הצעות

    כתובות

    הנלה
    תיבת דואר 1403
    כפר סבא
    44413

    פקס 0596 540 3 972

    הודעות

    STATISTICA has been acquired by Tibco Software Inc.

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