Conditions d’utilisation

Version: 3.0
Last Updated: July 2023

1. Caseware’s Updated Terms of Use

Caseware International Inc., together with its affiliates and subsidiaries (collectively “Caseware”, “we”, “us” or “our”) has updated these Terms of Use (“TOU”) to describe the terms and conditions that govern your use of www.caseware.com and related Caseware web pages (collectively this “Website”).

Caseware offers many other licensed products and services for purchase (collectively the “Caseware Offerings”). Your use of the Caseware Offerings is governed by a separate agreement that you and the entity you represent (“you” or “yours”) have executed with Caseware.

By using and/or visiting the Website you agree to the following terms.

2. Description of the Website

Through your access to the Website, Caseware will also provide you with access to a variety of resources, including documents (such as white papers, press releases, datasheets and FAQs), developer tools, download areas, Communication Services (as defined below) and product information (collectively “Site Services”). Your use of the Site Services is also subject to the terms and conditions set out in this TOU.

3. Personal & Non-Commercial Use Limitation

Unless otherwise specified, access to the Website and the Website Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any portion of the Website and/or Site Services.

4. Privacy & Protection of Personal Information

See Caseware’s Privacy Statement on www.caseware.com for information relating to the collection and use of your personal information (as defined therein).

5. Use of Site Services

Permission to use the Site Services is granted, provided that (i) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (ii) no portion of the Site Services will be copied or posted on any network computer or broadcast in any media, and (iii) no modifications to any of the Site Services is made.

6. Warranty & Limitation of Liability

ACCESS TO THE WEBSITE AND SITE SERVICES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. CASEWARE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND THE SITE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL CASEWARE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR PERFORMANCE OF THE WEBSITE AND SITE SERVICES.

THE SITE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE SITE SERVICES. CASEWARE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME WITHOUT ANY PRIOR NOTICE TO YOU.

7. Member Account, Password, & Security

If any portion of the Website or Site Services requires you to register for an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also need to choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities that occur under your account. You agree to notify Caseware immediately of any unauthorized use of your account or any other breach of security. Caseware will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge; however, you could be held liable for losses incurred by Caseware or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

8. No Unlawful or Prohibited Use

As a condition of your permitted use of the Website and Site Services, you will not use the Website or Site Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Website or Site Services in any manner that could damage, disable, overburden, or impair any Caseware server, or the network(s) connected to any Caseware server, or interfere with any other party’s use and enjoyment of any Website or Site Services. You may also not attempt to gain unauthorized access to the Website or Site Services, other accounts, computer systems or networks connected to any Caseware server or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Website and/or Site Services.

9. Communication Services

The Website and Site Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Site Services only to post, send and receive messages and material that are proper and, when applicable, related to the Communication Service.

By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
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 as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages;
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using and enjoying the Communication Services;
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
Harvest or otherwise collect information about others, including e-mail addresses;
Violate any applicable laws or regulations;
Create a false identity for the purpose of misleading others; and/or
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.

Caseware has no obligation to monitor the Communication Services; however, Caseware reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Caseware reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Caseware reserves the right at all times to disclose any information related to the Communication Services as Caseware deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Caseware’s sole discretion.

Caseware does not control or endorse the content, messages or information found in any Communication Services and, therefore, Caseware specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

10. Links To Third Party Sites

There may be links on the Website which let you leave Caseware’s Website to access other sites or information. These linked sites are not under the control of Caseware and Caseware 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. Caseware is also not responsible for webcasting, or any other form of transmission received from any linked site.

Caseware is providing these links to you only as a convenience, and the inclusion of any link does not imply any form of endorsement by Caseware.

11. Unsolicited Idea Submission Policy

Caseware does not accept or consider unsolicited feedback, ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this is to avoid potential misunderstandings or disputes when Caseware’s products or marketing strategies might seem similar to ideas submitted to Caseware.

12. Questions & Comments

If you have any questions or comments regarding these TOU, please contact us at:
Caseware International Inc.
351 King Street East, Suite 1100
Toronto, ON
M5A 2W4 Canada
Legal@caseware.com

13. COPYRIGHT NOTICE

The Website is owned and operated by Caseware. Elements of the Website and Site Services are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Caseware Web site may be copied or retransmitted unless expressly permitted by Caseware.