By accessing this Persistent SwiftShift solution (“Product”), you acknowledge that you have read, understood and accepted these Terms of Use that governs the use of this Product. In the event if you are not agreeing to these terms and conditions, you are requested by Persistent Systems, Inc. (“Persistent”) not to access the Product or download it on your system. Your continued use of / access to the Product or downloading it on your system will be construed as your acceptance of these Terms of Use. Persistent reserves the right to make modifications, changes and alterations to the contents of this Product, including these Terms of Use, at any time without any prior notice.

Right to Use:

Persistent grants you a non-exclusive, non-transferable, limited right to access, view the videos and the related materials posted along with the Product for informational purposes only. Any unauthorized use is expressly prohibited by law and may result in severe civil and criminal penalties. No logo, graphic, sound or image from this Product may be copied or retransmitted in any form or medium, unless expressly permitted by Persistent.

Restrictions: 

You may access and use the Product for informational purposes only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any data or information associated with the Product absent Persistent permission. Persistent reserves all rights to the Product not expressly granted by Persistent; Persistent and its authorized partners (if applicable) reserve all rights to the Product not expressly granted, whether by implication, estoppel, or otherwise. 

You may not:

(i)   circumvent or bypass any technological protection measures in or relating to the Product;
(ii)   disassemble, decompile, decrypt, hack, emulate, exploit, or attempt to reverse engineer any software or other aspect of the Product, except and only to the extent that applicable copyright law expressly permits doing so;
(iii)   publish, copy, rent, lease, sell, export, import, distribute, or lend the Product; or
(iv)   enable access to the Product by unauthorized third-party applications or otherwise in a manner intended to avoid incurring fees or to circumvent usage limits or quotas.

Intellectual Property Rights:

This Product, including its design, layout, and all the material present (excluding any third party materials, logos etc., if any) is exclusive property of Persistent and protected by copyright laws. Copying, reproducing in whole or in part or creating derivative works in any form or medium, without express written permission is prohibited. Persistent does not grant any express or implied rights under any patents, trademarks, copyrights, trade secret information or any other intellectual property rights in relation to the Product.
Persistent’s logo is the registered trademark of Persistent and protected by trademark laws. Persistent and the names of Persistent’s products referenced herein are trademarks of Persistent. Other products and company names mentioned herein, if any may be trademarks and/or service marks of their respective owners and are acknowledged as such without prejudice.

No Warranties:

Persistent, and our affiliates, suppliers, resellers, distributors, and vendors (if any), make no warranties, express or implied, guarantees or conditions with respect to your access and use of the Product. You understand that use of the Product is at your own risk and that we provide this Product on an “as is” basis “with all faults” and “as available.” You bear the entire risk of access and use of the Product. Persistent doesn't guarantee the accuracy or timeliness of information available associated with the Product. To the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement with respect to the Product. You may have certain rights under your local law. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee that our Product will be uninterrupted, timely, secure, virus-free or error-free or that your data loss won't occur.

Indemnity & Limitation of Liability:

You agree to indemnify, defend and hold harmless Persistent, its subsidiaries and affiliates from any claim, cost, expense, judgment, damages or other loss arising out of or in relation to your use of this Product in any manner.
To the extent permitted by applicable law, whatever the legal basis for the claim, you can't recover from Persistent any damages or losses, including, without limitation, consequential, lost profits, special, direct or indirect damages, incidental, or punitive damages. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. 

Data Privacy:

Data privacy is important to Persistent. Persistent has detailed Data Privacy Policy that is available on the link - Privacy Notice (https://www.persistent.com/privacy-notice/). Persistent’s Data Privacy Policy describes how we collect, use and disclose information that we may obtain from the entities visiting this Product.

Product Availability:

The Product, and other materials associated with the Product may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. Persistent reserves the right to modify any contents in relation to its Product and Persistent shall in no event be held liable for any unviability of the Product.

Link to third party sites:

To the extent applicable, the links to third party sites will let you leave the site on which Product is posted. The linked sites are not under the control of persistent and persistent is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Persistent is not responsible for webcasting or any other form of transmission received from any linked site. Any appearance of any link does not imply endorsement by persistent of the theses link on the site where the Product is posted.

Purchase and Billing:

The applicable pricing and payment terms of your license agreement with Persistent apply to your purchase of Product. Your Purchase of this Product will be billed separately and you will be required to sign a separate licensing agreement with Persistent to cover your intended use of our Product. 
If you are interested to understand our Product in a detailed manner, you are requested to contact us so that we can help you select the optimal license(s) you will need to make the best of our Product for your planned use.  You may contact us at subhendu_brahmachari@persistent.com, for more information about the Product.
We reserve the right to suspend or cancel your access to the Product, for any of your violation of these Terms of Use. Suspension or cancellation of access for may result in a loss of your data. 

Laws & Jurisdiction:

These Terms of Use shall be governed by the laws of State of California, without giving effect to its conflict of law’s provisions. Any dispute arising out of or in relation these Terms of Use shall be subject to the exclusive jurisdiction of courts in California, USA.
Copyright © 2022 Persistent System, Inc. All rights reserved.