Amanzitel Live User Agreement

Last Updated: March 10, 2008

Welcome to the User Agreement for AmanziTel Live. This agreement describes the terms on which you may access and use our services. In order to become an AmanziTel Live user, you must read and accept all of the terms and conditions of this agreement and the AmanziTel Privacy Policy. In the event of any inconsistency between the AmanziTel Privacy Policy and this User Agreement, the User Agreement shall take precedence. Nothing in this Agreement shall be deemed to grant any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the AmanziTel Live service indicates your acceptance of the amended User Agreement.

Description of Service

The term 'AmanziTel Live' covers all applications and services provided through the internet by AmanziTel, and for which an account and password is required for access. This includes any for demonstration purposes. One example is the 'ADaM Demo'. ADaM (amanzi data management) is a family of web applications for shared network data management and reporting. These applications are tailor made to suite the operators’ specific needs. The demonstration version is provided for the purpose of allowing users to try out the capabilities of one possible end-user application. Features and capabilities of the 'ADaM Demo' are not a guarrantee or limitation of the kinds of features that might be available in any real deployment of 'ADaM'.

The terms 'this service', 'AmanziTel service' and 'AmanziTel Live' are used to refer to all services provided through the AmanziTel website for which a user account and password are required for access.

Use of Service

Your use of 'AmanziTel Live' is governed by this User Agreement. AmanziTel may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that transpire under your password or account with or without your knowledge. You agree to immediately notify AmanziTel of any unauthorized use of your password or account or any other breach of security. AmanziTel cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination

You agree that AmanziTel may, with or without cause, immediately terminate your AmanziTel account and access to the 'AmanziTel Live' services without prior notice. Without limiting the foregoing, the following will lead to a termination by AmanziTel of a user’s use of the 'service' (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Furthermore, you agree that all terminations shall be made in AmanziTel’s sole discretion and that AmanziTel shall not be liable to you nor any third-party for any termination of your account or access to the 'service'.

User Conduct

You understand and agree not to use AmanziTel Live to:

• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the AmanziTel Live service for any illegal purpose, including but not limited to conspiring to violate laws.
• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) Using AmanziTel invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using AmanziTel to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the AmanziTel Live service.
• Post content in fields that aren’t intended for that content.
• Interfere with or disrupt the AmanziTel Live service or servers or networks connected to the AmanziTel Live service, or disobey any requirements, procedures, policies or regulations of networks connected to the AmanziTel Live service.

Information Provided on this Website

In the course of using the AmanziTel Live service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the AmanziTel website or otherwise providing materials to AmanziTel, you are granting to AmanziTel a royalty-free, perpetual, irrevocable license to use this information in the course of offering the AmanziTel Live service. Furthermore, you understand that AmanziTel retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the AmanziTel Live service is the sole responsibility of the person from which such content originated and that AmanziTel will not be liable for any errors or omissions in any content. You understand that AmanziTel cannot guarantee the identity of any other users with whom you may interact in the course of using the AmanziTel Live service. Additionally, we cannot guarantee the authenticity of any data which users may provide.

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the AmanziTel Live website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

AmanziTel Communications

In the course of providing you services, AmanziTel may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the AmanziTel Live service, including a series of up to three welcome emails which help inform new users about various features of the AmanziTel Live service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the AmanziTel Live service.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the AmanziTel Live service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Fees

Signing up for an AmanziTel Live account ad using the AmanziTel Live service is free. AmanziTel reserves the right to charge for the AmanziTel Live service or any portion thereof, modify the pricing of, add to, or discontinue the AmanziTel Live service or any portion thereof without prior notice.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless AmanziTel, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the AmanziTel Live service; ii) unauthorized access to or alteration of your communications with or through the AmanziTel Live service, or iii) any other matter relating to the AmanziTel Live service. Any business transactions which may arise between users from their use of AmanziTel Live are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that AmanziTel may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of AmanziTel, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE AMANZITEL LIVE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT AMANZITEL DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. AMANZITEL ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. AMANZITEL 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 AND NON-INFRINGEMENT.

AMANZITEL MAKES NO WARRANTY THAT (i) THE AMANZITEL LIVE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE AMANZITEL LIVE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE AMANZITEL LIVE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AMANZITEL LIVE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AMANZITEL LIVE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMANZITEL OR THROUGH OR FROM THE AMANZITEL LIVE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement

The User Agreement constitutes the entire agreement between you and AmanziTel and governs your use of the AmanziTel Live service, superseding any prior agreements between you and AmanziTel.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMANZITEL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMANZITEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL AMANZITEL’S TOTAL CUMULATIVE DAMAGES EXCEED EURO (€)50.

Governing Law

The User Agreement between you and AmanziTel Corporation will be governed by and construed in accordance with the laws of Sweden without regard to conflict of laws principles.

General Information

AmanziTel, the AmanziTel logo, and other AmanziTel logos and names are trademarks of AmanziTel. Amanzi and the Amanzi logo are trademarks of Amanzi HB. You agree not to display or use these trademarks in any manner without AmanziTel’s prior, written permission. If you wish to use the AmanziTel name, the AmanziTel logo and other AmanziTel logos and names please contact legal@amanzitel.com. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to: