Terms & Conditions

Terms and Condition of Use (Last Revised – October 2012)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Your access to and use of this site is subject to the following terms and conditions of use and all applicable laws. These terms and conditions of use may be changed in the future at any time without further notice. Further, these terms and conditions apply exclusively to your access to, and use of, this Web site and will not alter in any way the terms or conditions of any other agreement you may enter into with 4Dynamics Corporation, a company incorporated in Denmark and other countries, ("4Dynamics") for products, services, or anything else. The information provided on this site is provided without charge for informational purposes only and does not create any business or professional services relationship between you and 4Dynamics.

Copyright

Unless otherwise stated, all Web site materials, including, without limitation, all text, graphics, other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of 4Dynamics. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Web site -- including any commercial use, reproduction for purposes other than described above, modification, distribution, transmission, license, publication, republication, creation of derivative works, display, or performance -- without the prior written permission of 4Dynamics is strictly prohibited.

Trademarks

4Dynamics, the 4Dynamics logo, Results Realized, and all custom graphics, page headers, button icons, proprietary product and service names, and trade dress are either trademarks or registered trademarks of 4Dynamics and/or its licensors in the United States and/or other countries, and may not be used, in whole or in part, without the prior written permission of 4Dynamics. Microsoft® is a registered trademark of Microsoft Corporation in the United States and/or other countries. All other trademarks, registered trademarks, company names, product or service names are either trademarks or registered trademarks of their respective owners. Please review our additional trademark information.

Privacy Policy

4Dynamics believes strongly in protecting user privacy. Users of this Web site should refer to our Privacy Policy to fully inform themselves of how 4Dynamics uses and collects information.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information (other than personal identifying information subject to the 4Dynamics Privacy Policy), provided by you in the form of e-mail or submissions to 4Dynamics, or postings on this Web site, are non-confidential and shall become the sole property of 4Dynamics. 4Dynamics shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to 4Dynamics, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of attribution and integrity.

Indemnification

You shall remain solely liable for the Content of any messages or other information you upload or transmit to 4Dynamics. You agree to indemnify and hold harmless 4Dynamics, and its officers, directors, employees, owners from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

Hyperlinks

You are granted a limited, non-exclusive right to create a hypertext link to this Web site provided such link does not portray 4Dynamics or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time, and you agree to promptly remove any such links at 4Dynamics's request. You may not use, frame, or utilize framing techniques to enclose any 4Dynamics trademark, logo, or other proprietary information, including the images found at this Web site, the content of any text, and the layout/design of any page or form contained on a page without 4Dynamics's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of 4Dynamics or any third party.

4Dynamics makes no claim or representation regarding, and accepts no responsibility for, the quality, content, privacy policies, nature, or reliability of Web sites accessible by hyperlink from this Web site, or Web sites linking to this Web site. The linked sites are not under the control of 4Dynamics, and 4Dynamics is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. 4Dynamics is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by 4Dynamics of the site or any information contained therein.

Forward Looking Statements

This Web site and any documents issued by 4Dynamics and available through this Web site contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements may from time to time appear in a number of places in this Web site together with any documents issued by 4Dynamics and available through this Web site and can be identified by the use of forward-looking terminology such as "believe," "expect," "plans," "may," "will," "should," "anticipates" or similar statements or the negative thereof or other variations thereof. Such forward-looking statements include, without limitation, statements made as to future operation costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends, and expansion plans and projections. Such forward-looking statements are based on current expectations and by their nature involve known and unknown internal and external risks, uncertainties, and other factors which may cause the actual results, performance, or achievements to be materially different from those expressed or implied. 4Dynamics undertakes no obligation to update forward-looking statements to reflect events or circumstances after the date such statements were made.

The information contained within press releases issued by 4Dynamics should not be deemed accurate or current except as of the date the release was posted. 4Dynamics has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Third Party Content and Services

4Dynamics may provide links to Web pages and content of third parties (the "Third Party Content") as a service to those interested in this information. 4Dynamics does not monitor nor does it have any control over any Third Party Content or third party Web sites or the privacy policies of such Web sites. 4Dynamics does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. 4Dynamics does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Disclaimer

THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 4DYNAMICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 4DYNAMICS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. 4DYNAMICS DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4DYNAMICS DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4Dynamics reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or other designation does not constitute or imply endorsement, sponsorship, or recommendation thereof by 4Dynamics.

Limits of Liability

IN NO EVENT SHALL 4DYNAMICS, OR ITS OFFICES, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHER FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE.

Sabotage

4Dynamics makes it’s best effords to protect 4Dynamics solutions and software against viruses, or other computer software code or devices or mechanisms which are designed to halt, disrupt, or sabotage the operation of the 4Dynamics solutions and software.

No other warranties are expressed and none shall be implied. 4Dynamics specifically excludes any implied warranties of merchantability and fitness for a particular purpose.

No Representations and Warranties

A customer acknowledges and agrees that, except as set out in this Agreement, 4Dynamics has not made any representations or warranties with respect to the subject matter of this Agreement and any exhibits hereof or any representations inducing the execution and delivery of this Agreement and the Exhibits hereof.

Customer acknowledges that it has relied on its own judgment in entering into this Agreement, and except as set out in this Agreement neither 4Dynamics nor any of its employees have made or will make any representations or warranties whatsoever with respect to the activities that this Agreement contemplates and that customer will conduct.

Sales Taxes

Unless otherwise specified, all prices, fees, payments, discounts and bonuses are exclusive of VAT and all other sales taxes, which shall be added and paid by Customer.

Payment Terms

The terms of payment are net cash within 7 (seven) days from the invoice date counted from date of registration of the advised bank account of 4Dynamics. Some products and services require special payment terms, like e.g. prepayment. Conditions and payment terms for products and services may be given at point of order.

Independent Contractors

This Agreement does not create and shall not be construed as creating any relationship of agency, partnership or employment between the parties. The parties enter this Agreement as, and shall remain, independent parties and independent contractors. Except as otherwise provided in this Agreement, no party shall have the right or authority to assume, create or enlarge any obligation or commitment on behalf of any other and shall not represent itself as having the authority to bind any other in any manner.

Applicable Law

These terms and conditions and any legal actions or proceedings relating to your use of this site shall be exclusively governed by and construed in accordance with the laws of “The Maritime and Commercial Court of Copenhagen”, Denmark and the parties hereby submit to the exclusive jurisdiction of the courts of Denmark with regard to any dispute arising from this Agreement or its subject-matter, without resort to its conflict of law provisions.

You agree that any suit, action, or proceeding at law or in equity arising out of or relating to these terms and conditions or your use of this site filed only in Any dispute pertaining to or arising out of this Agreement shall be settled by “The Maritime and Commercial Court of Copenhagen”, Denmark, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action, or proceeding.

Termination

Notwithstanding any of these terms and conditions, 4Dynamics reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to and use of this Web site.

Contact Information

Contact us for general inquiries, or with technical questions or comments about 4Dynamics's Web site.

Severability

If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

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