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Terms and Conditions for Use of this Web Site
Thank you for visiting our web site. By accessing or using any areas of our web site www.unicorn.com, you are bound by the terms and conditions set forth below. If you do not accept these terms and conditions, you may not access or use this Web site. We retain the right to modify these terms and conditions at any time by posting new terms and conditions on this page.

Copyright, Trademarks and other Proprietary Rights
This web site contains text, data, software, photographs, graphics, videos, music, sounds and other information and material that is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets and other proprietary rights. Unless indicated otherwise, all of this content is the property of Unicorn Solutions, Inc. and/or its licensors or affiliates, and Unicorn Solutions and its licensors and affiliates reserve all rights with respect to this web site’s content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove and create derivative works of it.

UNICORN, THE DATA SEMANTICS COMPANY and the Unicorn logo are trademarks of Unicorn Solutions, Inc. Use of Unicorn Solutions’ trademarks is subject to the terms and conditions of our Trademark Usage Policy. Other trademarks, product names, company names and logos appearing on this web site are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names or logos.

Permission to Use this Web Site
Many portions of this web site are available for public viewing and use. You must register or enter into a separate agreement with Unicorn Solutions to access other portions of this web site. Subject to the terms and conditions set forth on this page and the terms and conditions of any license or other agreement pursuant to which you use our products or services, Unicorn Solutions grants you permission to do the following: (i) view and use for intended purposes those portions of this web site to which we have granted you access; (ii) make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this web site to which we have granted you access, provided you retain all copyright, trademark and other proprietary rights notices and that you use it solely for personal or internal business purposes and do not distribute or republish it; (iii) obtain our products and sign up for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement or other agreement associated with those products and services; and (iv) use the discussion forums, contact lists and e-mail links to which you have been granted access to interact with Unicorn Solutions and other users of our products and services. Any other use of this web site or its contents is prohibited without first obtaining written permission from Unicorn Solutions.

No Warranties
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNICORN SOLUTIONS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, "AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEB SITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEB SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THIS WEB SITE (EXCEPT AS MAY BE SET FORTH IN A LICENSE AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES).

Limitation of Liability
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE AGREEMENT BETWEEN YOU AND UNICORN SOLUTIONS PERTAINING TO UNICORN SOLUTIONS’ PRODUCTS OR SERVICES, NEITHER UNICORN SOLUTIONS NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO USE OF THIS WEB SITE OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEB SITE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF UNICORN SOLUTIONS AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED.

IN NO EVENT WILL UNICORN SOLUTIONS’ AND ITS AFFILIATES’ TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR US$1O.

SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, UNICORN SOLUTIONS’ AND ITS AFFILIATES’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Export and Import Restrictions
This Web site is controlled and operated by Unicorn Solutions from its offices within the United States. Unicorn Solutions makes no representation that the products, services and other materials available through this web site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.

Miscellaneous Terms and Conditions
The terms and conditions contained on this page apply generally to your access to and use of this web site and our products and services. Some of these terms and conditions may be modified or superseded by the terms and conditions of the license agreements pursuant to which you obtain our products or services. A specific provision in any of those license agreements that addresses the same subject matter as a provision on this page overrides the provision on this page.

No delay or failure to take any action or exercise any right that Unicorn Solutions may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by Unicorn Solutions.
Any litigation arising out of or related to your access to or use of this web site will be brought only in the United States District Court for the District of New York, or, if federal subject matter jurisdiction is lacking, then in the New York state trial court for the division and county in which Unicorn Solutions’ or its successor’s or assign’s principal office in New York is then located. By accessing or using this web site, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.

The terms and conditions contained on this page will be governed by and interpreted in accordance with the laws of the Commonwealth of New York, USA, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the terms or conditions contained on this page are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms and conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible. These terms and conditions set forth our entire agreement with you related to your use of this web site, and they prevail over any other communications we may have regarding its use, with the exception of an agreement signed by an authorized representative of Unicorn Solutions that explicitly authorizes a use which is inconsistent with these terms and conditions.

Acceptable Use Policy
This Acceptable Use Policy is intended to promote the integrity, reliability and security of our web site www.unicorn.com and the server-based services we provide that support use of our own and others' software products (collectively, "our services"). This policy, any agreement pursuant to which you use our software or server-based services, and the Terms and Conditions for use of our Web site together govern your access to and use of our services. If you do not accept this policy, you may not access or use any of our services. We retain the right to modify this policy at any time by posting the modified policy on our Web site.

Prohibited Activities

You may not:

  • use our services, including any contact directories on our web site, to make unsolicited offers or proposals or to send junk mail to users of our services or our software;
  • harass, defame or defraud users of our services or our software;
  • knowingly damage or interfere with the operation of our services, any software that utilizes them, or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms or other harmful code;
  • disable, circumvent, avoid, bypass, remove, deactivate, impair or otherwise interfere with security-related features of our services or software, features that enforce restrictions or limitations on use of our services or software, or features that prevent or restrict use or copying of any content or other material accessible through use of our services or software;
  • use our services to upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, by way of example and not limitation, copyright or trademark laws) or by rights of privacy or publicity, unless you own or control the rights or have received all necessary consent to do so
  • use our services to download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in this manner;
  • access or use our services in violation of any local, state, national, or international law, including, without limitation, laws governing data protection and privacy, and export or import control; or
  • otherwise access or use this web site in violation of its Terms and Conditions or use our other services or our software in violation of any applicable license or service agreement.

Special Notice Regarding Copyright Infringement
You may not use our services to infringe copyrights. We will attempt to terminate service to anyone who we become aware is repeatedly using our services in violation of copyright law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICES IN COMPLIANCE WITH ALL APPLICABLE COPYRIGHT LAWS.

Consequences of Unacceptable Use
We reserve the right to take any and all action we deem appropriate if we become aware of conduct that we believe does not conform to the requirements of this policy, any agreement pursuant to which you use our services or any software that utilizes them, the Terms and Conditions for use of this web site, or applicable law, but we do not assume any responsibility for such conduct or any obligation to act to prevent it or stop it once it has occurred (except as provided above under "Special Notice Regarding Copyright Infringement"). We disclaim all liability for failure or refusal to take action with respect to conduct prohibited by this policy or for delay in taking action if we choose to act.

Privacy Statement
This Privacy Statement describes our current privacy practices with regard to information we collect when you and your computer interact with our web site www.unicorn.com.

Unicorn Solutions, Inc. has a separate privacy statement that governs our practices with respect to information that is gathered in connection with your use of the Unicorn software. For information about our privacy practices with regard to use of the Unicorn software, please consult our software license.

Information Collection and Use
We collect information from our users and their computers when they request support or make inquiries about our products and services. We collect both personally identifiable and non-personally identifiable information. Examples of the types of personally identifiable information we collect range from your e-mail address to your name, street address, phone or fax number.

We use the personally identifiable information you provide about yourself to fulfill your requests for support and to respond to your inquiries about our products and services. If you have given us permission, we will use your e-mail address and other personally identifiable information to send you our newsletter or to communicate with you about products and services we believe may be of interest to you.
We also may use some of this information in anonymous or statistical forms, such as aggregating geographic information from user addresses or types of industries in which users work, to better understand our customers. We also may ask you to optionally provide us information about your interests to be used for similar purposes. We will ask your permission before using this type of information in a way that personally identifies you.

Log Files
We use the information in our server log files to analyze trends in the usage of our web site, to administer and maintain our web site, to track a user's path through our web site, and to gather broad demographic statistics about our web site and the ways in which it is used. Most of the information in these files is not unique to you as an individual, such as the files requested and pages you visit on our web site, the web sites from which you may have been referred to our web site, and information about the type of browser you use and its settings. Some of the log files contain IP addresses and other personally identifiable information, which are used to identify user connections and to resolve technical issues related to administration of our web site.

Disclosure of Information
We will not disclose personally identifiable information we collect from you to third parties without your permission, except to the extent necessary

  • to fulfill your requests for products and services;
  • to protect the security of our software, services, web site, and users;
  • to protect ourselves from liability;
  • to respond to legal process or comply with law; or
  • in connection with a merger, acquisition or liquidation of the company.

We share statistical information about users of our web site with third parties, including our vendors, customers, potential customers, distributors and third parties that offer products or services for use with the Unicorn software. We do not link this information to any personally identifiable information.

We occasionally contract with other companies to provide limited services to us or on our behalf, such as billing or customer support services. When we do so, we provide these companies with only limited access to personally identifiable information.

In addition, we may occasionally join with other reputable companies to provide users with third party products and services. We will notify you at the time that you sign up for these products or services that these third parties will obtain personally identifiable information to provide the requested products or services. This Privacy Statement does not cover these companies' use of the information.

Public Forums
You may participate in public forums on our web site. Any information you make available in these forums would become public information and could be used by others to send you unsolicited communications. Please be careful about disclosing personal information in public forums.

User Choices
Users who wish to stop receiving electronic newsletters or marketing materials may unsubscribe by following the appropriate link in the e-mail, or by sending e-mail to mailinglist_unsubscribe@unicorn.com with the word UNSUBSCRIBE in the subject line. Note, however, that in order to fulfill our service obligations to you, we must continue sending you notices and other important information affecting your account or services.

Security
We take measures to protect the security of personally identifiable information we hold about you. These measures include

  • encrypting sensitive information during transmission;
  • limiting the number of our employees who have access to personally identifiable information;
  • requiring employees with access to personally identifiable information to take appropriate measures to safeguard it; and
  • storing your information in secure places that are protected using standard security technologies.

Accessing Web Account Information
We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review much of this information at any time by visiting your My Preferences page on our web site. You can:

  • view and edit your e-mail address and passphrase;
  • change your preferences on whether you want us to send you marketing information;
  • subscribe or cancel subscriptions to newsletters; and
  • deactivate your web site account.

If the information you wish to update or change is not available on your My Preferences page, please send e-mail to support@unicorn.com, and we will endeavor to change the information for you.

Changes to this Privacy Statement
Unicorn Solutions will occasionally update this Privacy Statement as our business and products evolve. When we do, we will also revise the "last updated" date at the top of the Privacy Statement. For material changes to this Privacy Statement, Unicorn Solutions will notify you by placing prominent notice on the web site.

Contact Us
If you have questions about this Privacy Statement, its implementation or our practices, please contact us at info@unicorn.com.