Terms of Use
Last Updated: October 17, 2024
Welcome to Fookes Software’s website. By accessing or using our website, downloading any software, or using our services, you acknowledge that you have read, understood, and agree to be bound by the following Terms of Use. If you do not agree to these terms, please do not use our website or services.
1. Software Available on This Website
All software, unless otherwise indicated, available for download from this website (“Software”) is the copyrighted work of Fookes Holding Ltd, which is the entity that owns Fookes Software Ltd (“Fookes Software”). Use of the Software is governed by the terms of the End User License Agreement (“EULA”) that accompanies or is included with the Software. You must agree to the EULA before installing or using the Software.
Unauthorized reproduction or redistribution of the Software is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent of the law.
Disclaimer: Except as expressly provided in the EULA, the Software is provided “as is” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Fookes Software may make improvements and changes to the Software at any time without notice.
2. Use of Website Content
Permission is granted to use documents such as press releases, reports, white papers, product descriptions, FAQs, and images (“Documents”) from this website, provided that:
a) Use of the Documents is for informational, media, non-commercial, or personal purposes only. b) The Documents are not used to describe or commercialize any products other than those of Fookes Software. c) No modifications are made to the Documents without prior written consent from Fookes Software.
Any other use of the Documents is prohibited and may result in civil and criminal penalties.
Disclaimer: The Documents and related graphics are provided “as is” without warranties of any kind. Fookes Software disclaims all warranties, either express or implied, including but not limited to warranties of accuracy, completeness, merchantability, fitness for a particular purpose, title, and non-infringement.
Please note that the Documents could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Fookes Software may make improvements and changes to the products, programs, and content described in the Documents at any time without notice.
3. Limitation of Liability
In no event shall Fookes Software or its affiliates be liable for any special, indirect, incidental, consequential, or punitive damages, or any damages whatsoever arising from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of the Software, Documents, or information available from this website.
4. Links to Third-Party Sites
Our website may contain links to external websites (“Linked Sites”) that are not operated by Fookes Software. We have no control over the content of Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Fookes Software is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by Fookes Software of the site.
5. Feedback and Unsolicited Submissions
By submitting any content, information, or ideas (“Submissions”) to Fookes Software via email, uploads, posts, or other transmissions:
- You grant Fookes Software a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable right and license to use, reproduce, modify, publish, distribute, display, perform, and transmit such Submissions in any form or medium.
- You agree that Fookes Software is under no obligation to maintain any Submissions in confidence, pay any compensation for any Submissions, or respond to any Submissions.
Confidentiality Exception: Fookes Software will treat any files and screenshots sent to us for software testing and improvement as strictly confidential, except as required by applicable law.
6. Tools and Utilities
Fookes Software may make available various tools and utilities for use and download on this website or within our software products. These are provided for your convenience. However, please note:
a) Fookes Software does not make any assurances about the accuracy of the results or output that derives from using any such tools and utilities. b) Users are required to respect the intellectual property rights of others when using the tools and utilities made available through this service or Fookes Software’s products. c) Use of these tools and utilities is subject to all applicable terms in this agreement, including but not limited to the disclaimers and limitations of liability. d) Users assume all risks for using these tools and utilities.
7. Fair Use for Search Engines and AI Tools
Fookes Software grants permission for search engine products and AI tools to access, index, and utilize the documents and all information publicly available on this website, subject to the following conditions:
a) Purpose: This permission is granted for the purposes of improving search engine results, developing AI models, and enhancing the overall accessibility and utility of information on the internet.
b) Scope: This permission applies only to content that is publicly accessible on our website without requiring user authentication.
c) Attribution: When content from our website is used in a manner that directly reproduces substantial portions of our original text, appropriate attribution to Fookes Software should be provided where feasible.
d) Restrictions: This permission does not extend to: (i) Using our content in a manner that could be confused with or misrepresented as official Fookes Software products or services. (ii) Reproducing or distributing our software products or their documentation beyond what is necessary for indexing or AI training purposes. (iii) Overriding or ignoring any robots.txt directives or other technical measures we may implement to limit crawling or scraping of our site.
e) Reservation of Rights: Fookes Software reserves the right to revoke or modify this permission at any time. We also reserve the right to request the removal of our content from any search engine or AI system if we believe it is being used in a manner inconsistent with these terms.
f) No Warranty: This content is provided “as is” without any warranties. Fookes Software is not responsible for any consequences arising from the use of our content by search engines or AI tools.
8. Privacy Policy
Fookes Software is committed to protecting your privacy. Our Privacy Policy outlines how we collect, use, disclose, and safeguard your personal information. By using our website or services, you consent to the data practices described in our Privacy Policy. We encourage you to review our Privacy Policy regularly for any updates or changes.
9. Changes to Terms
Fookes Software reserves the right to modify these Terms of Use at any time without prior notice. Your continued use of the website after any changes indicates your acceptance of the new Terms of Use.
10. Governing Law
These Terms of Use are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Bern, Switzerland.
11. Contact Information
If you have any questions about these Terms of Use, please contact us at:
Fookes Software
La Petite Fin 27
1637 Charmey
Email: helpdesk@fookes.net
By using this website or downloading any software from it, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.