Privacy Statement for use of Libretta® Add-in
(1) As between Libretta® Add-in Provider and Customer, Customer understands and agrees that the Libretta® Add-in Provider will only access the following data: the Customer’s logs and only for the purpose of the Libretta® Add-in Provider’s statistical information such as usage or traffic patterns (“Customer Data”). The Libretta® Add-in Provider will not access the Customer’s emails, and the Customer hereby consents to the foregoing. Except as permitted in this Agreement, Libretta® Add-in Provider will not edit, delete or disclose the contents of the Customer’s emails unless authorized by the Customer or unless Libretta® Add-in Provider is required to do so by law or in the good faith belief that such action is necessary to:
(a) conforms to applicable laws or complies with legal process served on Libretta® Add-in Provider;
(b) protect and defend the rights or property of Libretta® Add-in Provider; or
(c) enforce this Agreement.
(2) Libretta® Add-in Provider may provide user statistical information such as usage or traffic patterns in aggregate form to third parties, but such information will not include personally identifying information. Libretta® Add-in Provider may have access Customer Data to respond to service or technical problems with the Website and/or Program. Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Customer Data, and Libretta® Add-in Provider assumes no responsibility for the deletion, correction, destruction, loss, infringement or failure of the Services to store any Customer Data.
(3) Libretta® Add-in Provider reserves the right to establish a maximum amount of memory or other computer storage and a maximum amount of Customer data that Customer may store, post or transmit on or through the Website.
Customer shall be responsible for maintaining an archive or back-up copy of all Customer Data, and Libretta® Add-in Provider shall have no liability for any loss of Customer Data, whether caused by Libretta® Add-in Provider or any third party service provider.
(4) Customer shall be responsible for compliance with all obligations imposed by any implementing or amending legislation as may be enacted from time to time, and Customer shall indemnify, defend and hold Libretta® Add-in Provider harmless from and against any third party claims against Libretta® Add-in Provider resulting from the use and disclosure by Libretta® Add-in Provider of personal information consistent with the terms of this agreement.
(5) Libretta® Add-in Provider shall retain Customer Data for a period of thirty (30) days after expiration or termination of this Agreement.
Obligations of Libretta® Add-in Provider
(1) Except as set forth above, Customer expressly agrees that use of the Software-as-a-Service is at the Customer’s sole risk. The Program is provided on an “As Is”, “As Available” basis. Libretta® Add-in Provider expressly disclaims all Warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as well as warranties arising by usage of trade, course of dealing or course of performance. Through this website you may be able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them, and any risk is solely that of the Customer. Every effort is made to keep the Website up and running smoothly.
However, we take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
(2) Libretta® Add-in Provider makes no warranty that the Program will meet Customer’s requirements that the services will be uninterrupted, timely, secure or error-free, or that defects in the services will be corrected. Libretta® Add-in Provider makes no warranty as to the results that may be obtained from use of the Program or as to the accuracy or reliability of any content, suggestions, feedback or information obtained or made by the Program.
(3) Customer understands and agrees that any material or data downloaded or otherwise obtained through the Website and/or Program is done at Customer’s own discretion and risk and that the Customer will be solely responsible for any damage to Customer’s computer systems or loss of data or income that results from the download of such material or data or transactional use of the Program.
Passwords and Security
Libretta® Add-in Provider and Customer hereby agree to the following:
(a) Passwords. Libretta® Add-in Provider shall issue to Customer, or shall authorize a Customer administrator to issue, a password and license key for each user authorized to use Customer’s account for whom Customer has paid the applicable fee. Customer and its users are responsible for maintaining the confidentiality of all passwords and for ensuring that each password is used only by the authorized user. Customer is entirely responsible for any and all activities that occur under Customer’s account. Customer agrees to immediately notify Libretta® Add-in Provider of any unauthorized use of the Customer’s account or any other breach of security known to Customer.
Libretta® Add-in Provider shall have no liability for any loss or damage arising from Customer’s failure to comply with these requirements. Libretta® Add-in Provider will maintain Customer passwords as confidential and will not disclose them to third parties.
(b) Security. Libretta® Add-in Provider will maintain the Program and Website, where they are subject to commercially reasonable security precautions to prevent unauthorized access to the Website and/or Program. Customer acknowledges that, notwithstanding such security precautions, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Website and/or Program and Customer Data. Accordingly, Libretta® Add-in Provider cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over the Internet.