1 The Service
1.1 Fabrik will allow you to access and download version 2.1 of Fabrik an upwards, free of charge whilst retaining full copyright ownership.
1.2 The free of charge provision may be terminated at any time by Fabrik.
2 The Terms and Conditions
2.1 You acquire the right to use the Service by setting up an account. To set up an account:
2.2 You certify you are18 years old, or of an age in your country of origin legally entitling you to enter into this agreement.
2.3 You will provide a valid e-mail address, a user name, a password and any other required information. Fabrik will not disclose this data to any third party unless required to do so by due legal process.
2.4 You accept sole responsibility for your account and any actions connected with it together with compliance with all laws in your jurisdiction including but not limited to those governing the protection of intellectual property, data protection, and copyright. In this regard you agree to indemnify and hold Fabrik harmless from any and all claims, demands, or damages that might arise from any actions carried out using your account.
2.5 You will be responsible for maintaining the security and confidentiality of your user name and password at all times. Fabrik accept no liability whatsoever arising from a failure to comply with this obligation.
2.6 You will notify Fabrik immediately of any unauthorised use of your account or should you have reason to believe your account may have been compromised. On such notification Fabrik reserves the right to
(a) deny access to your account until the matter has been resolved
(b) require a password change
(c) deny access should there be reasonable grounds to assume the account is being used by any unauthorised person.
2.7 You will pay the price for the Service as set out in within this agreement.
3 Prices and Payment for Legacy Subscribers
3.1 Payment must be made by a valid credit card and/or Paypal account.
3.2 As this is a continuing agreement, your credit card will be charged the price then applying on the last day of the subscription period following your last payment.
3.3 You authorise Fabrik to forward all relevant payment data to an appropriate third party for the purpose of handling your credit card payments.
3.4 If the Service is terminated during the subscription period year you are not entitled to any refund.
4 What is not Permitted
4.1 You may not duplicate, resell or exploit the Service or any part without the written consent of Fabrik.
4.2 You may not use your account to:
4.2.1 Upload, post, e-mail or otherwise make available any content that is illegal or offensive or in violation of the privacy, legal or statutory rights of any other individual or group.
4.2.2 Transmit worms, viruses or other malicious content.
4.2.3 Decompile, disassemble or otherwise reverse engineer any of the software used to provide the Service, except in respect of any software where you have obtained a licence to do otherwise.
4.2.4 Impersonate another individual or group or attempt to falsely state an affiliation with another individual or group.
4.2.5 Send any unsolicited or unauthorised advertising, spam, junk mail, phishing or any other form of solicitation.
4.2.6 Attempt to modify or hack into the Service
4.2.7 Plan criminal activities
4.3 You may not use the Service for any illegal or unauthorised purpose.
5 Changes to Price or the Service
5.1 Fabrik reserves the right to modify the functionality of the Service or to add or remove specific functions. Details of any significant changes will be published on the Fabrik web site and in that event you will have been deemed to have received notice thereof, and you will be deemed to have accepted them if you permit payment of the next annual charge.
5.2 Fabrik reserves the right to change the price for the Service. Any price changes will be published on the Fabrik web site at least 30 days before implementation and in that event you will be deemed to have accepted the change if you permit payment of the next annual charge.
5.3 Fabrik reserves the right without notice to carry out minor changes and modifications, including but not limited to the installation of patches, bug fixes and new versions of any third party software used.
5.4 Fabrik reserves the right without notice to modify or discontinue the Service (or any part thereof), temporarily or permanently, for any reason to the exclusion of any liability.
5.5 Fabrik reserves the right to change these Terms and Conditions by publishing them on its web site. You will be deemed to have accepted them if you permit payment of the next subscription charge.
Cancellation and Termination
6.1 You may cancel the contract at any time using Paypal’s subscription cancellation process. No other form of cancellation is possible.
6.2 Fabrik without prejudice to condition 5.4, may terminate the contract by sending you 30 days notice which notice may be sent by e-mail.
6.3 Fabrik may terminate this contract forthwith by notice sent by e-mail for the following reasons:
- any breach of these Terms and Conditions
- the provision of false or inapplicable information in the application process
- the use of the Service for illegal, immoral or otherwise prohibited purposes
- failure to charge payments for the Service to the credit card provided for the account
- for any other substantial reason.
6.4 Upon cancellation or termination, your account and all data and content related to your account shall be promptly and permanently deleted.
6.5 Fabrik reserves the right to refuse the Service to anyone without reason and at any time.
6.6 In the event of the contract being cancelled or terminated for whatever reason, no refund or part refund shall be given.
7.1 Fabrik owns the intellectual property rights to all protectable components of the Service or is entitled to use any third party components used for providing the Service. Protectable components include but are not limited to the name of the Service, any art-work used within the Service, documentation and software used to provide the Service. You may not modify, adapt, copy, decompile, disassemble or otherwise reverse engineer any component of the Service owned by Fabrik or its suppliers, unless the component license permits you to.
7.2 Fabrik claims no intellectual property rights over content you provide or upload to the Service. However, by doing so you agree to allow others to view and share your content.
Disclaimer of Warranties
8.1 Fabrik provides the Service, including any content, functionality or information contained in it, on an “as-is” and “as-available” basis, with no warranties or representations of any kind, either expressed or implied, including, but not limited to, the warranties for merchantability, fitness for purpose, and non-infringement of proprietary rights.
8.2 Fabrik makes no warranties that:
- you will be able to use the Service
- the Service will be available at all times uninterrupted and error free
- you will be satisfied with the quality of the Service
- the calculations and results provided by the Service will be accurate or reliable
- any errors or bugs in the Service will be corrected.
8.3 You understand and agree that your use of the Service is at your own discretion and risk, and you assume all responsibility for use of the Service.
9 Limitation of Liability
9.1 Fabrik shall not be liable in any circumstances for any direct, indirect, incidental, consequential, special, exemplary and punitive or other damages arising out of or relating in any way to your use of the Service whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if Fabrik has been made aware of the possibility of such damages).
9.2 This limitation shall apply whether damages arise from the use or misuse of the Service, or from the interruption, suspension or termination of the Service (including damages incurred by third parties).
10.1 This contract is governed by US Law without regard to that body of law applicable to conflict of laws.
10.2 If any provision of these Terms and Conditions is held invalid or otherwise enforceable, the enforceability of the remaining provisions shall not be impaired thereby.
10.3 Failure by Fabrik to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.
10.4 The Terms and Conditions set forth the entire agreement for the Service between you and Fabrik, and supercedes any prior agreement.
10.5 If you do not agree with these Terms and Conditions for whatever reason and whenever, your sole remedy is to stop using the Fabrik web site or the Service
Fabrik free download account terms and conditions
The Terms and Conditions applying to the down load of Fabrik and any modification or replacement thereof are the same as those applying to the Service set out at www.fabrikar.com except to the extent where they are inapplicable due to the fact that no charge is made and no support or other service is provided.