ORCHESTR8, LLC
TERMS OF USE

PLEASE READ CAREFULLY

Should you have any questions concerning this Agreement, you may contact us by visiting http://www.orch8.net/company/contact.html.

This Orchestr8, LLC Terms of Use Agreement (this Agreement) is a legal agreement between you and Orchestr8, LLC (Orchestr8, ORCHESTR8, we, us or our) providing, among other things, the terms and conditions for your use of Orchestr8's software products and services (collectively, the Orchestr8 Services), including our Web site http://www.orch8.net/ (the Site).

We may from time to time modify these terms of use and will post a copy of the amended Agreement at http://www.orch8.net/company/terms.html. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Orchestr8 Services (as defined below) or, if applicable, cancel your Orchestr8 Services subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Orchestr8 Services after any amendments are posted on the Site.

• 1. AUTHORIZED USERS

  1.1 Registration. To use any aspect of the Orchestr8 Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the Account Information). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate.

  Orchestr8 will use your Account Information in accordance with its privacy policy, as described in Section 6 of this Agreement. You agree that you will not allow others to use any aspect of your Account Information. You are solely responsible for maintaining the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Orchestr8 will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Orchestr8, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

• 2. LICENSE TO ORCHESTR8 SERVICES

  • 2.1 License Granted. Orchestr8 grants to you a limited, non-exclusive, non-transferable license to access and use the Orchestr8 Services for personal non-commercial purposes only.
    Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Orchestr8 Services. Orchestr8 reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE ORCHESTR8 SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
  • 2.2 Updates and Plug-ins. Orchestr8 may from time to time make available to all users, Updates or Plug-ins at no cost or subject to additional fees in Orchestr8's sole discretion.
    Updates means any updates, upgrades or error corrections to the Orchestr8 Services that Orchestr8 makes available generally to users of the Orchestr8 Services.
    Plug-ins means any options, features or additional software licensed separately from Orchestr8 that is designed to work in connection with the Orchestr8 Services.
    Notwithstanding anything else contained in this Agreement, Orchestr8 will have no obligation to continue producing or releasing new versions of the Orchestr8 Services or any Updates or Plug-ins related thereto.

• 3. RESTRICTIONS

  You agree that you will not:

  • 3.1 use the Orchestr8 Services to reproduce copyrighted materials;
  • 3.2 copy, store, edit, change, prepare any derivative work of or alter in any way any of the information provided through the Orchestr8 Services;
  • 3.3 make the Orchestr8 Services available over a network (other than Orchestr8's network) where it could be used by others;
  • 3.4 provide your password to any other person;
  • 3.5 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Orchestr8 Services or any portion of them;
  • 3.6 circumvent any technology used by Orchestr8 or its licensors to protect information accessible via the Orchestr8 Services;
  • 3.7 rent, lease or sublicense any of the Orchestr8 Services; or
  • 3.8 use the Orchestr8 Services in any way that violates the terms of this Agreement.

• 4. COPYRIGHTS

  As between you and Orchestr8, you acknowledge that Orchestr8 owns or has a license to all title and copyrights in and to the Orchestr8 Services. All title and intellectual property rights in and to the content available through the Orchestr8 Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

• 5. ORCHESTR8 TRADEMARKS AND THIRD-PARTY TRADEMARKS

  The following are registered trademarks or trademarks of Orchestr8: Orchestr8, the Orchestr8 design logo, AlchemyPoint, AlchemyGrid, SOAPoint, SOASphere, as well as certain other Orchestr8 trademarks, service marks, graphics, and logos (collectively, the Orchestr8 Trademarks) used in connection with the Orchestr8 Services. The Orchestr8 Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Orchestr8 Trademarks or the trademarks of any third party.

• 6. PRIVACY POLICY

  Unless otherwise addressed in this Agreement, the Orchestr8 Services are subject to Orchestr8's Privacy Policy, that can be found at http://www.orch8.net/company/privacy.html and that by reference is made a part of this Agreement. It is important that you read and understand the terms of Orchestr8's Privacy Policy. Orchestr8 may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Orchestr8 Services.