LEAD Technologies, Inc.

LEAD Web Services

Terms of Use

LEAD TECHNOLOGIES, INC. ("LEAD") PROVIDES LEAD WEB SERVICES (AS DEFINED BELOW) TO YOU SUBJECT TO THE FOLLOWING CONDITIONS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LEAD. BY RECEIVING LEAD MATEIAL (AS DEFINED BELOW) OR ACCESSING LEAD WEB SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS DOCUMENT AND ANY CHANGES TO THIS DOCUMENT THAT LEAD MAY PUBLISH FROM TIME TO TIME (COLLECTIVELY, "TERMS OF USE"). ONCE YOU HAVE READ THESE TERMS OF USE, YOU MAY CONTINUE BY TYPING "I AGREE" IN THE SPACE PROVIDED DURING REGISTRATION.  IF YOU DO NOT AGREE, CLICK ON YOUR BROWSER'S BACK BUTTON TO DECLINE THIS AGREEMENT.

The Terms of Use are applicable to material and services provided by LEAD at www.leadtools.net ("Site"). LEAD reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any LEAD Web Services accessible through it, after such notice has been posted, constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.

1.         LEAD Web Services and LEAD Materials Available on the Site.  The LEAD Web Services LEAD is providing on the Site to its subscribers includes the following:  (i) Image Upload - subscribers will be permitted to upload a specified number or size of digital images to the Site.  The number of images and the aggregate size of the images permitted for upload will be based on the level of your subscription; (ii) Image Processing and Conversion - Images that have been uploaded may be processed using several image processing routines available on the Site and may be converted to several different types of image formats.  The types of image processing and file formats that are available will be based on the level of your subscription; (iii) Optical Character Recognition (OCR)- Images may be OCR'ed and the output may be saved to several different text formats. OCR features are only available in certain subscription levels; (iv) Image Archival - Images can be saved and stored on LEAD's dedicated servers.  The amount of disk space and the length of time the images will be stored will be based on the level of your subscription; and (v) Image Display and Retrieval - Images may be retrieved from LEAD's server and be downloaded and displayed.  The available display options and features will be based on your level of subscription.  The LEAD Web Services available on the Site, including without limitation, the ones listed immediately above will be referred to herein as "LEAD Web Services."   All images and other files that are uploaded, processed, converted, OCR'ed, stored, retrieved or displayed will be referred to herein as "Subscriber Content".  All LEAD information, documents, communications, files, text, graphics, software, and products available through the Site will be referred to herein as "LEAD Materials".

 2.            Subscribers; Visitors            Most activities on this Site are available only to persons who are covered under either a paid subscription with LEAD or are covered under a thirty (30) day free trial period (in each case, a "Subscriber").  For a description of the Web Services available to Subscribers and the different levels of subscription, go to http://www.leadtools.net/ecom/hostedplans.aspx.    Those persons who are merely browsing the Site are subject to applicable Terms of Use, but are not eligible to use any LEAD Web Services.

3.            Intellectual Property; Limited License .            The LEAD Materials and LEAD Web Services on this Site are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the LEAD Materials or LEAD Web Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, LEAD and its suppliers do not grant any express or implied rights to use the LEAD Materials and LEAD Web Services. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, the LEAD Materials, or the LEAD Web Services, except as expressly authorized herein

4.         Use of LEAD Web Services.          When using LEAD Web Services on this Site that are offered by LEAD, you shall be subject to any posted guidelines, rules, or licenses applicable to such LEAD Web Services and to these Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in these Terms of Use. 

5.         Use of LEAD Materials.            Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the LEAD Content available on this Site subject to the following conditions: (i) The LEAD Material may be used solely for personal, informational, and internal purposes; (ii) The LEAD Material may not be modified or altered in any way; (iii) The LEAD Material may not be distributed or sold, rented, leased, or licensed to others; (iv) You may not remove any copyright or other proprietary notices contained in the LEAD Material; (v) LEAD reserves the right to revoke the authorization to view, download, and print the LEAD Material available on this Site at any time, and any such use shall be discontinued immediately upon notice from LEAD.  The rights granted to you constitute a license and not a transfer of title.

6.         Use of Software.         In addition to the limitations described above, any software and accompanying documentation that is made available to download from this Site is the copyrighted work of LEAD and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

7.            Trademarks. The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of LEAD or other third parties. You are not permitted to use the Marks without the prior written consent of LEAD or such third party that may own the Marks. LEADTOOLS and the LEADTOOLS logo are registered trademarks of LEAD.
 
8.         License to LEAD for Subscriber Content; Submissions     Certain LEAD Web Services offered through this Site allow you to upload Subscriber Content. Depending upon the nature of the service, by submitting Subscriber Content to this Site, you grant LEAD the following licenses:  You grant LEAD a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and copy and store such Subscriber Content in order to provide the LEAD Web Services subscribed by you in accordance with your subscription level. This license will be in effect until such Subscriber Content is removed from the Site.  For submissions such as feedback to LEAD, bug reports, piracy reports, or product suggestions, you grant LEAD an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such submissions, and you also agree that LEAD is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such submission to us unless: (a) you grant us permission to do so; (b) we first notify you that the Subscriber Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of LEAD or others.

9.            Additional LEAD Rights in Connection with Subscriber Content.            You agree that LEAD may access and/or disclose Subscriber Content if LEAD has a good faith belief that it must do so to (a) perform system administration, such as diagnosing and correcting problems, or testing any aspect of the LEAD Web Services (b) respond to a valid court order or subpoena; (c) comply with legislation or regulations, including, without limitation, the Digital Millennium Copyright Act; (d) investigate complaints; or (e) protect LEAD or others from liability or damages. LEAD has no obligation to retain Subscriber Content once the applicable subscription agreement has expired or terminated, and you agree that LEAD shall not be liable for any failure to store Subscriber Content after such expiration or termination.

10.            Prohibited Communications .          All Subscriber Content you upload to the Site must be (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic material that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

11.       User Conduct.                      In using the Site, including all LEAD Web Services and LEAD Materials available through it, you agree that you will at all times act in a commercially reasonable manner.  Specifically, you agree to refrain from the following actions:  (i) Creation of a false identity or providing false information when registering for a subscription; (ii)  Uploading, posting, or otherwise transmitting through the Site any viruses or other harmful, disruptive, or destructive files; (iii) Use or attempted use of another's account, password, service, or system without authorization from LEAD; (vi) Access or attempted access of any Subscriber Content which you are not authorized to access; (v) Disruption or interference with the security or performance of the Site, or any LEAD Web Services, LEAD Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site.

12.            Termination.    LEAD reserves the right discontinue providing LEAD Web Services at any time by providing thirty (30) days notice, which may be sent via email.  LEAD also reserves the right to terminate individual subscriptions upon ten (10) days advance notice for any reason.  In addition LEAD reserves the right, in its sole discretion, to delete or remove Subscriber Content from the Site or storage servers and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, LEAD reserves the right to delete or remove Subscriber Content if the relevant subscription has expired or lapsed, or if LEAD has a good faith belief that the user uploading and storing such Subscriber Content has violated these Terms of Use, or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of LEAD or others. LEAD also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Subscriber Content.

13.            Account Number and Password .            You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

14.            WARRANTIES AND DISCLAIMERS .            EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND LEAD, THIS SITE, AND ALL LEAD MATERIALS AND LEAD WEB SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LEAD MAKES NO WARRANTY THAT (i) THE LEAD WEB SERVICES AND LEAD MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE LEAD WEB SERVICES AND LEAD MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LEAD WEB SERVICES OR LEAD MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, LEAD WEB SERVICES, OR LEAD MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS LEAD WEB SERVICES, OR LEAD MATERIALS, WILL BE CORRECTED.

THE USE OF THE LEAD WEB SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY LEAD MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. LEAD ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY LEAD WEB SERVICES OR LEAD MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEAD OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

15.            LIMITATION OF LIABILITY.            IN NO EVENT SHALL LEAD, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT LEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS LEAD WEB SERVICES, OR LEAD MATERIALS, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, OR ANY LEAD WEB SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED.  IN NO EVENT WILL LEAD'S LIABILITY HEREUNDER UNDER ANY LEGAL OR EQUITABLE THEORY, EXCEED THE AGGREGATE AMOUNT OF MONEY YOU HAVE PAID TO LEAD IN SUBSCRIPTION AND OTHER TRANSACTION FEES.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

16.       Notice to U.S. Government Users .  The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

17.            International Users and Export Laws.            The Site is controlled, operated, and administered by LEAD from its offices within the United States of America. LEAD makes no representation that the Site, or the LEAD Web Services or LEAD Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its LEAD Web Services or LEAD Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. The export and re-export of LEAD software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, LEAD software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading LEAD software, you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

18.            Indemnification .            You agree to indemnify and hold LEAD, and its officers, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of LEAD Materials you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use or your violation of any rights of another person or entity.

19.            Governing Law and Jurisdiction .            This Site is controlled by LEAD from its offices within the state of North Carolina. By accessing this Site, you and LEAD agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of the State of North Carolina, without regard to the conflicts of laws principles thereof. You and LEAD also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Mecklenburg County and the United States District Court for the Western District of North Carolina with respect to such matters.

20.            Miscellaneous Provisions .            The Terms of Use and other guidelines and conditions posted on the Site constitute the entire agreement between LEAD and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by LEAD to enforce or exercise any provision of the Terms of Use shall not constitute a waiver of that right or provision.