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Home » End User Licensing Agreement
1. TERMS OF USE
THESE TERMS OF USE (THE "AGREEMENT"), AS AMENDED FROM TIME TO TIME, IS BETWEEN ENLASO CORPORATION ("ENLASO™") AND "YOU," THE INDIVIDUAL ACCESSING OR USING RHONIX™ AND ANY AFFILIATED HOSTED APPLICATIONS (COLLECTIVELY, THE "SERVICE").
YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. ENLASO MAY CHANGE, ADD, OR REMOVE ANY PART OF THIS AGREEMENT, OR ANY PART OF THE SERVICE, AT ANY TIME. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SERVICE. YOUR CONTINUED USE OF THE SERVICE, NOW OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.
2. Definitions
"Content" means all audio, video, multimedia, data, text, images, computer programs, and any other information or materials uploaded by or on behalf of you in connection with your use of the Service.
3. License to Use Service
Subject to your compliance with the terms and conditions of this Agreement, ENLASO grants to you a non-exclusive, non-transferable, revocable right to access and use the Service. Notwithstanding the foregoing, you may not use or access the Service unless approved by a Rhonix Administrator on behalf of ENLASO. ENLASO reserves the right to suspend or discontinue all or part of the Service at any time without prior notice.
4. Ownership of the Services
You acknowledge that ENLASO owns all rights, titles, and interests in: (a) the Service; (b) any other ENLASO software used by you in conjunction with the Service; and (c) all graphics, logos, service marks, and trade names related to the Service. Notwithstanding the foregoing, you retain your rights, titles, and interests in any graphics, logos, service marks, and trade names that belong to and are used by you in connection with the Service.
5. Content
5.1. Your Content
You may upload Content to the Service in connection with your use of the Service. ENLASO does not verify, endorse, or claim ownership of any Content you add to the service, and you retain all rights, titles, and interests in and to the Content. Such Content may be stored on ENLASO's servers, as necessary for ENLASO to provide the Service, and in accordance with ENLASO's then-current storage policies.
5.2. Your Representations and Warranties Regarding Content
You represent and warrant that (a) you are the owner, licensor, or authorized user of all Content; and (b) you will not upload, record, publish, post, link to, or otherwise transmit or distribute Content that: (i) advocates, promotes, incites, instructs, informs, assists, or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or ENLASO, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits, or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic, or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
5.3. ENLASO Access to Content
You acknowledge that the Services are automated (e.g. Content is uploaded using software tools) and that ENLASO personnel is permitted by you to access, view, or listen to any Content.
6. Notification of Copyright Infringement
ENLASO will, in appropriate circumstances, terminate your license to use the Service if you infringe the intellectual property rights of others. ENLASO will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring in connection with the Service, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for the Service (identified below), which must contain the following elements:
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
• A description of where the content that you claim is infringing is located on the Service;
• Information sufficient to permit ENLASO to contact you, such as your physical address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
ENLASO's Designated Agent for Notice of claims of copyright infringement can be reached as follows:
By mail:
John Watkins/Designated Agent - Copyright Infringement Claims
ENLASO Corporation
9543 W Emerald Street
Suite B
Boise, Idaho 83704
By telephone: (208) 672-8500
By e-mail: copyright@translate.com
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring in connection with the Service. Any other inquiries directed to the Designated Agent will not receive a response.
7. Links
ENLASO may provide links to other Websites or resources as part of the Service as a convenience to you. ENLASO is not responsible for the contents, products or services on any third party site, and the inclusion of any link does not imply that ENLASO endorses the content on such third party sites. You may visit such third party sites solely at your own risk.
8. Conduct.
8.1. Use Restrictions.
Rhonix is powered by ENLASO's Language Technology Center. Some sections are accessible only after prior registration and approval by the Rhonix site administrator.
Rhonix is open to ENLASO customers, their subsidiaries, affiliates, and agents as well as customer-side professionals involved in the translation and localization of medical and life sciences content.
Rhonix is NOT open to localization and translation vendors or companies considered a competitor of ENLASO. If you are in doubt whether you should sign up for the Medical Translation Community or not, please first contact the site administrator at rhonix@translate.com.
ENLASO reserves the right to ban or suspend any members for any reason at any time at our sole discretion. We also reserve the right to remove, move, edit, or modify any content for any reason.
The use of this Web site constitutes acceptance of the following code of conduct. You are hereby advised to review this section periodically since we may change these rules and policies from time to time.
• First and foremost, Rhonix expects you to use common sense and courtesy in the communications you transmit on Rhonix.
• By registering for Rhonix you confirm that you DO NOT work for a company considered a competitor of ENLASO.
• Express yourself in a professional manner.
• Rhonix does not allow or tolerate any kind of illegal activities on this Web site. You are not permitted to post, publish, disseminate, or distribute any unlawful information or material.
• Do not misrepresent yourself or your professional affiliation(s).
• You are permitted one user account. We will delete multiple member accounts.
• Neither ENLASO nor Rhonix is responsible for any member posts regardless of the nature of the post.
• Do not post advertisements about a product or service that does not directly apply to an ongoing discussion or thread.
• Do not upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, for example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Do not use obscene, foul, and vulgar language. We do not tolerate defamatory, harassing, sexist, racist, obscene, or any other offensive comments.
• Do not post or publish offensive or inappropriate pictures. Do not provide links to such materials.
• Do not use Rhonix for conducting any private business or commercial activity.
• Do not harvest or collect email addresses or other contact information of other users for the purposes of sending unsolicited emails or other unsolicited communications.
• Do not introduce a virus, worm, Trojan horse, or other harmful software code or similar files that may damage the operation of a third party's computer, property or information.
• Do not use the Rhonix in any manner that could damage, disable, overburden, or impair any ENLASO server, or the network(s) connected to any ENLASO server, or interfere with any other party's use and enjoyment of the Service.
• Do not attempt to gain unauthorized access to service, materials, other accounts, computer systems or networks connected to any ENLASO server or to the Service, through hacking, password mining, or any other means.
• Do not engage in any systematic extraction of data or data fields, including without limitation e-mail addresses.
• Do not transmit junk mail, spam, surveys, contests, pyramid schemes, chain letters, or other unsolicited e-mail or duplicative messages.
• Do not falsify or delete any copyright management information, such as 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.
8.2. Exposure
You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that are offensive, indecent or otherwise objectionable. You may report any violations of these terms to the Rhonix site administrator: rhonix@translate.com.
9. Investigations
ENLASO does not generally monitor user activity occurring in connection with the Service. If ENLASO becomes aware, however, of any possible violations by you of Sections 5.2 (Your Representations and Warranties Regarding Content), 8.1 (Use Restriction), or any other provision of this Agreement, ENLASO reserves the right to investigate such violations, and ENLASO may, at its sole discretion, terminate your use of the Service or change, alter or remove Content, in whole or in part, without prior notice to you. If, as a result of such investigation, ENLASO believes that criminal activity has occurred, ENLASO reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. ENLASO is entitled, except to the extent prohibited by applicable law, to disclose any information about you in ENLASO's possession in connection with your use of the Service to law enforcement or other government officials, as ENLASO in its sole discretion believes to be necessary or appropriate.
You agree to indemnify and hold ENLASO harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to or arising from Content or your use of the Service.
10. Privacy
The terms of the ENLASO Online Privacy Policy, which is located at http://www.translate.com/About_ENLASO/Privacy_Pledge.aspx, or any successor Web site thereto (the "Privacy Policy"), and the terms of this Section govern ENLASO's collection and use of your personal information in connection with the Services. If there is any conflict between the terms of the Privacy Policy or the terms of this Agreement, the terms of this Agreement shall control. ENLASO may make changes to the Privacy Policy from time to time, and such changes will be communicated to you in the text of the Privacy Policy. Please visit the Privacy Policy regularly for updates.
10.1. Collection and Storage of Your Personal Information
The Rhonix site administrator has sole control over whether the Service will collect your personal information during your use of the Service, and the types of personal information to be collected. ENLASO facilitates such collection and stores your personal information in accordance with ENLASO's then-current storage policies and as requested by the Rhonix site administrator. At ENLASO's sole discretion, the Rhonix site administrator may incorporate SSL security in connection with the Service. By using the Service, you agree and acknowledge that personal information collected about you through the Service or in connection with the Service may be transferred anywhere that ENLASO maintains offices.
10.2. Types of Personal Information Collected.
The Service may collect certain personal information, including but not limited to: (a) which content was viewed by you; (b) your answers to polls initiated by the Rhonix site administrator; (c) real time "chat" between users of the Service and between users and the Rhonix site administrator or other Rhonix parties; and (d) any other information you provide to the Service, either on your own accord or as requested by the Rhonix site administrator or other Rhonix party, such as your name, address, phone number, e-mail address, or any other personally identifying information. The Service will record such personal information. The Rhonix site administrator may see such information, and some information, such as "chat" or your questions, may be shared with other users of the Service as an automatic function of the Service. Except as otherwise stated in Section 9 (Investigations), ENLASO does not share your personal information with any other third parties.
To gain access to the Service, you must create a user name and password ("Log-In Information") or submit your name to the Rhonix site administrator. You are responsible for all activity occurring under your Log-In Information, and you should not share your Log-In Information with third parties. ENLASO has no obligation or responsibility with regard to your use, distribution, or management of Log-In Information.
ENLASO may collect certain information regarding your use of the Service, such as the name of the Internet service provider and the Internet Protocol address through which you access the Internet; the time you access the Service; the pages that are accessed at the Web site and the Internet address of the Web site from which you linked directly to our site. ENLASO uses this information to support the Service and, if you create a Rhonix User Name, to send to you communications regarding ENLASO, its products and services in accordance with any communications preferences indicated by you.
10.3. Use of Your Personal Information
ENLASO does not have the technical means to allow you to access or change your personal information submitted to the Service, but ENLASO will delete your Personal Information from ENLASO's servers upon your written request to the Rhonix site administrator: rhonix@translate.com.
10.4. Communications from ENLASO
ENLASO may send to you service-related e-mails regarding the functionality or delivery of the Service.
11. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, ENLASO, ITS CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION OR COMPATIBILITY, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ENLASO DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE CONTINUOUS, SECURE, RELIABLE, ACCESSIBLE, UNINTERRUPTED OR ERROR-FREE, OR THAT ENLASO'S SERVERS AND SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ENLASO'S SECURITY PROCEDURES AND MECHANISMS WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO PERSONAL INFORMATION BY THIRD PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
12. LIMITATION OF LIABILITY
NEITHER ENLASO NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE SERVICE OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY APPLICATION AND BASED ON ANY THEORY OF LIABILITY INCLUDING STATUTE, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ENLASO OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
ENLASO'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO ONE UNITED STATES DOLLAR ($1). YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR AN APPLICATION MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. ENLASO'S SUPPLIERS SHALL HAVE NO LIABILITY TO YOU FOR ANY REASON.
THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. NOTHING CONTAINED IN THIS AGREEMENT LIMITS ENLASO'S LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM ENLASO'S GROSS NEGLIGENCE.
13. Survival
Sections 1 and 4-16 will survive any termination or suspension of this Agreement.
14. Governing Law
The Service is controlled by ENLASO from its offices within the state of Idaho, United States of America. By accessing and using the Service, you and ENLASO agree that all matters relating to this Agreement and your access to, or use of, the Service shall be governed by the statutes and laws of the State of Idaho, without regard to the conflicts of law principles thereof. The application of UCITA and the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
15. Language
It is the express wish of the parties that the Agreement and all related documents have been drawn up in English and that the English version of this Agreement shall be the sole version used in interpreting and enforcing this Agreement. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
16. Miscellaneous
You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Service. If any provision of this Agreement is held to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions will remain in full force and effect. ENLASO's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ENLASO in writing. Your rights hereunder may not be assigned or transferred to any third party. This Agreement, including the Privacy Policy, constitutes the entire agreement between you and ENLASO and supersedes all prior agreements, representations, and understandings between the parties regarding the subject matter contained herein.
© 2010 ENLASO Corporation. All rights reserved. RHONIX is a trademark of ENLASO Corporation