Labs at Accusoft
Terms and Conditions
The terms set forth below (the "Agreement") govern your use of the Accusoft Labs website (the "Site"). By using or visiting the Site, you expressly agree to be bound by this Agreement and to follow all terms and applicable laws and regulations governing the Site. Further, your use of this Site is subject to those additional terms and conditions provided by Accusoft Corporation ("Accusoft") and, subject to Accusoft's sole discretion, applicable to certain information, pre-release products, and software (collectively, "Content") available through this Site. Such additional terms and conditions include, but are not limited to, disclaimers, license agreements and supplementary user agreements (collectively, "Additional Terms"). The Additional Terms are hereby incorporated by reference into these Terms (if there is any conflict between the Additional Terms and these Terms, the former shall prevail). If you do not agree with this Agreement, your sole recourse is not to use the Site. The services and content provided as part of the Site are experimental in nature. Accusoft does not represent that they are reliable, accurate, complete, or otherwise valid. Accordingly, the site and any content is provided "as is" with no warranty of any kind and you use the service at your own risk. Services and content may be removed from the Site at any time. Accusoft expressly disclaims any warranty, express or implied, regarding the site or its content, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

1. Use of the Site. The Content on this Site is the property of Accusoft and/or its suppliers and is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, create derivative works of, or publicly display or perform any Content from the Site. You also agree that you will not use any automated device or manual process to monitor or copy any Content from the Site. Any software that is made available to download by or through this Site is governed by the terms of the license agreement, if any, which accompanies or is included with the software. The site may not be used for commercial purposes.

2. Lab Software. Any software that is made available to download by or through this Site ("Lab Software") is governed by the terms of the license agreement, if any, which accompanies or is included with the Lab Software. In the event that no license agreement accompanies or is included with Lab Software made available by or through this Site, the following terms apply: Accusoft grants to you a non-exclusive, non-commercial, personal, limited, non-assignable, non-sublicenseable, non-transferable, royalty-free, limited term license to (i) install the Lab Software on your computer and (ii) use the Lab Software solely for the purpose of evaluating and testing the Lab Software product. You may not (and may not permit any third party to) reverse engineer, decompile, or disassemble the Lab Software. You may not distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or any portion of the Lab Software to any other person without the prior written consent of Accusoft. You may not remove, alter, or obscure any proprietary notices, labels, or marks from the Lab Software. You may not modify, translate, adapt, arrange, or create derivative works based on the Lab Software or User Documentation for any purpose. You may not export Lab Software in violation of this Agreement, U.S., or other applicable export control laws. The prohibitions contained in this Section apply to the extent that applicable law (including laws implementing EC Directive 91/250 on the legal protection of computer programs) allows such prohibition to be enforced. You will bear the burden of proof in demonstrating that applicable law does not allow enforcement of any such prohibition.

3. No Reliance. Accusoft Labs Software may concern planned or future development efforts for existing or new Accusoft products, technology and/or services. Accusoft Labs Software is not intended to be a promise or guarantee of future delivery of products, technology, services or features but merely reflect our current experiments, which may change or be removed. Accordingly, Lab Software may not be relied on for purchasing decisions or for any other purpose.

4. Feedback. In using this Site, you may provide certain comments, suggestions, data, or other information to Accusoft (collectively "Feedback"). Accusoft shall have the right to retain and use any such Feedback in current or future products or services, without additional compensation to you. To the extent such Feedback is protectable under intellectual property laws, you agree to cooperate with Accusoft as needed to obtain such protection as Accusoft may desire and you agree to assign your rights to such Feedback to Accusoft.

5. Privacy. Accusoft may share aggregate (not personally identifiable) information with its business partners or other third parties. Accusoft will not, however, knowingly disclose personally identifiable information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate, to address an unlawful or harmful activity.

As part of the Site, Your Content and data about You will be submitted and gathered in accordance with Accusoft's Privacy Policy, available at http://www.accusoft.com/privacystatement.htm, as it may be modified from time to time in Accusoft's sole discretion. You understand and agree that by using the Service, You consent to the collection and use of Your Content and data about You as described in the then-current Privacy Policy.

You acknowledge that Accusoft may use third-party service providers in connection with the Site, including without limitation the use of cloud computing service providers which may transmit, maintain and store Your data using third-party computers and equipment in locations around the globe. You acknowledge that any data storage functionality associated with the Site is not intended for Your storage of any personally identifiable data that may pose a risk of harm to the individual if improperly disclosed ("Personal Data"). You agree not to upload or store any such Personal Data in connection with the Site and further agree that Accusoft will have no responsibility or liability with respect to any such Personal Data that is created, transmitted, disclosed, or stored in connection with the Site.


You understand that at points during your use of the Site, you may be asked to submit contact information, and you specifically consent to Accusoft using this data for the following purposes:
  • To respond to a specific request for technical assistance or support.
  • To solicit direct feedback from you on improving the technology through surveys and direct inquiries to you.
  • To contact you to request additional permissions beyond those covered by the terms of use.

6. Limitation of Liability. In no event shall Accusoft be liable for any damages whatsoever (including, without limitation, incidental, special, direct, indirect and consequential damages, damages for loss of business profits, lost savings, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this Accusoft product, even if Accusoft has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential, incidental or special damages, the above limitation may not apply to LICENSEE. In such states/countries and to the extent possible, any warranty is limited to thirty (30) days.

7. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Accusoft and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigations costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Site.

8. Modification of Terms. Accusoft shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Site.

9. Violation of Terms. In addition to any legal remedies that Accusoft may have for your violation of the terms of this Agreement, Accusoft shall also have the right in its sole discretion to suspend or terminate your access to the Site.

10. Indemnification. You agree to hold harmless and indemnify Accusoft and its employees, agents, and representatives from and against any third party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigations costs and attorneys' fees, or every kind and nature. In such a case, Accusoft will provide you with written notice of such claim, suit, or action.

11. Assignment. You may not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Accusoft's prior written consent. Any such purported assignment or delegation by you without Accusoft's prior written consent will be null and void and of no force and effect, unless otherwise expressly consented to by Accusoft in its sole discretion.

12. Relationship of the Parties. Notwithstanding any provision of this Agreement, each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other. Neither party shall have any right whatsoever to incur any liabilities or obligations on behalf of the other party.

13. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Accusoft's failure to act with respect to a breach by you or others does not waive Accusoft's right to act with respect to subsequent or similar breaches. The failure of Accusoft to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be governed by the laws of the State of Florida (except that body of law controlling conflict of laws) and the United States of America. Any action or proceeding brought by either party against the other arising out of, or related to, this Agreement shall be brought only in a state or federal court of competent jurisdiction located in the State of Florida and the parties hereby consent to the personal jurisdiction of said courts. This Agreement constitutes the entire agreement between Accusoft and you with respect to the Site and may not be modified except by a written instrument executed by you and an authorized representative of Accusoft.