Terms of Service
Forth Communication Limited has created an on-line demo of its marketing database software For-Sight™, and provides it solely for the purpose of letting prospective purchasers of the service gain an experience of its operation.
The demo is provided subject to these terms and conditions.
Please read this agreement carefully before proceeding with any use of our website or the demo. By logging in for the first time, you accept and agree to be bound by this agreement.
If you do not accept the terms and conditions of this agreement, please exit this website and cease using the demo immediately.
1. Registration
You must complete the registration form in order to use the demo. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify your name, company, town/city, postcode and email address for your Forth account. You are responsible for maintaining the security of your account, username, passwords, and files and for all uses of your account and of the demo in your name. Forth reserves the right to refuse registration of, or cancel accounts it deems inappropriate.
It is understood that Forth makes no guarantee that HTML messages will be rendered properly on all recipients’ email programs, due to the wide variety of HTML generation tools available.
2. Restrictions and responsibilities
This is an agreement for the demo, and you are not granted a licence to any software under this agreement (except to the extent required for you to use the demo). Except to the extent that applicable laws prevent Forth from doing so, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the demo or any software, documentation, or data related to the demo (“Software”); remove any proprietary notices or labels from the demo or any Software; reproduce or copy the Software or the demo or any part thereof; modify, translate, or create derivative works based on the demo or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the demo or any Software. The demo shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the demo or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party.
You acknowledge and agree that the demo, the Software, the Forth company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the demo, are the property of Forth or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Forth or by other parties that have licensed their material to Forth. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Forth. Your use of the demo confers no title or ownership in the demo, the Software or the Marks and is not a sale of any rights in the demo, the Software or the Marks. All ownership rights remain in Forth or its third party suppliers, as the case may be
In using the varied features of the demo, you may provide information (such as name, contact information, or other registration information) to Forth. Forth may use this information and any technical information about your use of the demo to tailor its presentations to you, facilitate your movement through the demo, or to communicate separately with you.
All rights not expressly granted are reserved.
3. Reselling and subcontracting the services
Reselling or subcontracting of the demo to third parties is not permitted.
4. Termination
You may terminate this agreement at any time by contacting us. Correspondence must include your first name, last name, and your Forth username.
Forth may terminate this agreement or the demo at any time with or without cause, and with or without notice. Forth shall have no liability to you or any third party because of such termination.
5. Warranties, disclaimer and remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND TO THE EXTENT PERMITTED BY LAW FORTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the demo shall be for Forth to use commercially reasonable efforts to adjust or repair the demo.
6. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL FORTH OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “FORTH “) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, OR FAILURE TO REALISE ANTICIPATED SAVINGS OR BENEFITS OR BUSINESS OPPORTUNITIES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
7. Miscellaneous
Forth and you agree that this agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of the agreement, and you do not have any authority of any kind to bind Forth in any respect whatsoever.
8. System requirements
It is understood that in order to use the demo, a Windows PC with either Google Chrome, Firefox, Safari, Opera, Internet Explorer 7.0 or higher must be used. Additionally, a stable connection to the Internet is required. The demo will work on Macintosh, Unix, and other platforms.
9. Use of the demo
You will not violate or attempt to violate the security of our website or the demo. You will not hack into the website, Forth’s computer systems or the computer systems of other users of the demo. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
10. Website and demo availability
From time to time down-time, either scheduled or unscheduled, may occur. Forth will work within reason to ensure this amount of down-time is limited. Forth will not be held liable for the consequences of any down-time.