Matisse
 

Download Matisse


overview
news & events
careers
opportunities

Terms and Conditions
WEBSITE TERMS AND CONDITIONS

The following Website Terms and Conditions ("Ts&Cs") govern your use of this websites located at www.matisse.com and www.matisse.com By using either website, you agree to each provision of these Terms and Conditions.

SOFTWARE. Any software that is available for download from this website ("Software") is the copyrighted work of Matisse Information Corp. ("Matisse") and/or its suppliers, and its use is governed by the applicable license agreement that will be presented for your acceptance prior to the commencement of the download. Each such license agreement is incorporated into these Ts&Cs by this reference.

DOCUMENTS. Matisse grants you a non-exclusive, non-transferable, personal license to use, reproduce and distribute the documents available for download from this website (collectively, "Website Documents"); provided that you (1) place this license grant and the copyright notice set forth below appear on or in all reproductions, (2) usesuch Website Documents for internal, informational and non-commercial purposes only, (3) do not reproduce, post, display or otherwise distribute the Website Documents on any network computer or broadcast in any media, and (4) make no modifications of any Website Documents. This license grant does not apply to documents available only in conjunction/association with the download of specific Software. The Website Documents include, but are not limited to, white papers, press releases, datasheets and FAQs. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Website Documents solely for distribution in the classroom for educational purposes, although distribution outside the classroom may be permitted upon Matisse's prior, express written permission. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The Website Documents do not include the design or layout of the matisse.com website or any other Matisse owned, operated, licensed or controlled website. Elements of Matisse's websites are protected by trade dress, trademark, unfair competition and other laws, and may not be reproduced or imitated in whole or in part. No logo, graphic, sound or image from any Matisse website may be copied or retransmitted unless previously and expressly permitted by Matisse in writing.

DISCUSSION AREAS. For your convenience, Matisse provides various discussion areas on this website where visitors can exchange ideas about Matisse's products and services. You agree to submit only your original thoughts and work product, and not to submit any false, misleading, infringing, misappropriated, defamatory, obscene or otherwise offensive materials through this website. Matisse reserves the right to delete any such material in Matisse's discretion.

PRIVACY. These Ts&Cs incorporate by reference Matisse's privacy policy (click HERE to view).

DISCUSSION AREAS. For your convenience, Matisse provides various discussion areas on this website where visitors can exchange ideas about Matisse's products and services. You agree to submit only your original thoughts and work product, and not to submit any false, misleading, infringing, misappropriated, defamatory, obscene or otherwise offensive materials through this website. Matisse reserves the right to delete any such material in Matisse's discretion.

SUBMISSIONS. Any feedback, ideas, technology, processes or other material you submit to Matisse or post through this website is non-confidential, and you hereby assign to Matisse any right, title and interest you may have in the same. Neither Matisse nor any of its employees accept or consider unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names. Please do not send any original creative artwork, samples, demos or other works. The purpose of this non-submission policy is to avoid potential misunderstandings or disputes in the event Matisse's products or marketing strategies might seem similar to an idea submitted to Matisse.

OWNERSHIP. Matisse and its respective suppliers shall at all times retain all right, title and interest in and to this website, the Website Documents, the Software and any content herein, except to the extent of the licenses granted to you hereunder.

TERMINATION. Any license granted by Matisse to you hereunder with respect to the Website Documents and this website shall automatically terminate without notice upon your breach of any of the provisions of these Ts&Cs. Matisse also may terminate any such licenses upon notice.

INDEMNITY. You agree to defend, indemnify and hold harmless Matisse, its affiliates, licensors and subcontractors from all liabilities, claims and expenses, including attorneys' fees, arising from or related to your breach of these Ts&Cs or portion hereof, your submissions to this website or any act or omission by you relating to this website, the Website Documents, the Software or the related content. Matisse reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.

WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Matisse, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Matisse PROVIDES THIS WEBSITE, THE WEBSITE DOCUMENTS, THE SOFTWARE AND ANY ASSOCIATED CONTENT "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THIS WEBSITE, THE WEBSITE DOCUMENTS, THE SOFTWARE AND ANY ASSOCIATED CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

CONSEQUENTIAL DAMAGES. IN NO EVENT WILL Matisse, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR PROFITS, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT Matisse, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Matisse'S, ITS AFFILIATES', LICENSORS' AND SUBCONTRACTORS' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

LIABILITY. IN NO EVENT SHALL Matisse AND/OR ITS RESPECTIVE SUPPLIERS HAVE ANY MONETARY LIABILITY TO YOU WITH RESPECT TO THESE T&CS, THIS WEBSITE, THE WEBSITE DOCUMENTS, THE SOFTWARE OR RELATED CONTENT.

AMENDMENT. Matisse may amend these Ts&Cs its sole discretion at any time by posting revised Ts&Cs on this website, and you agree to regularly review the Ts&Cs. Your continued access and use of the website or the Website Documents after posting of the revised Ts&Cs shall constitute your acceptance of the same. Except as expressly set forth herein, the Ts&Cs may not otherwise be modified or amended.

COPYRIGHT NOTICE. Copyright 1999-2017 Matisse Software Inc. All rights reserved.

TRADEMARKS. Matisse, the Matisse logo and/or other Matisse products referenced herein are either trademarks or registered trademarks of Matisse Software Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person or event is intended or should be inferred.

GENERAL PROVISIONS. You may not assign or otherwise transfer the rights or obligations granted to you in these Ts&Cs, and any such attempted transfer shall be void. If any provision of these Ts&Cs is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. Matisse's failure to enforce at any time any provision of these Ts&Cs shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Matisse of any provision, condition or requirement of these Ts&Cs shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of Matisse shall be considered a breach of these Ts&Cs if such default, delay or failure to perform is shown to be due to causes beyond Matisse's reasonable control. These Ts&Cs are governed by and construed under California law without regard to its conflict of law principles, and you agree to submit to the jurisdiction of the courts located in San Mateo County, in the State of California, U.S.A. for the resolution of any dispute arising from or related to these Ts&Cs. In any action to enforce these Ts&Cs, the prevailing party shall be awarded its costs and fees (including reasonable attorneys' fees), including such fees and costs incurred in enforcing and collecting any judgment. All notices given by you shall be in writing and addressed to Matisse Software Inc, 433 Airport Blvd, Bulingame, CA 94010 USA, or emailed to customerservice@matisse.com with receipt of confirmation. Matisse may provide notice to you by posting any notice upon this website. These Ts&Cs represent the entire agreement between you and Matisse with respect to the subject matter referenced herein.

RESERVATION OF RIGHTS. Any rights not expressly granted herein are reserved.

CONTACT. Please contact us at support@matisse.com with any questions or comments.