Terms

WHO WE ARE AND HOW TO CONTACT US
https://archwaysoftware.com is a website (the“Website”) operated by Archway Software, Inc. (“ArchwaySoftware,” “Archway,” “We”, or “Us”). We are a limited liability company organized under the laws of the State of Delaware, USA. Our principal place of business is 7530 164^th Ave NE, Suite A112, Redmond, WA 98052. To contact us, please email legal@archwaysoftware.com.

BY USING OUR SITE YOU ACCEPT THESE TERMS
‍By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Website. We recommend that you print a copy of these Terms of Use for future reference. Our Website may be used for your informational purposes only. Our Website is made available free of charge. These Terms of Use may refer to the following additional terms, which also apply to your use of our Website:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
Our Cookie Policy, which sets out information about the cookies on our Website. Further information may be found on our Privacy page.

MINORS
‍PERSONS UNDER THE AGE OF 18 MUST ONLY USE THE WEBSITE AND PROVIDE PERSONAL INFORMATION IFTHEY HAVE THE CONSENT AND SUPERVISION OF A PARENT OR GUARDIAN.

[YS3] ‍WE MAY MAKE CHANGES
‍We amend these Terms of Use from time to time. Every time you wish to use our Website, please check these Terms of Use to ensure you understand the terms that apply at that time. These terms were most recently updated on January 30, 2023

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WE MAY MAKE CHANGES TO, SUSPEND OR WITHDRAW OUR WEBSITE
‍We may update and change our Website from time to time to reflect changes to our services, our users’ needs and our business priorities. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. You are also responsible for ensuring that all persons who access ourWebsite through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

USE OF WEBSITE
‍You may not use our Website to commit any violation of federal, state, local, or international laws, regulations, or other governmental requirements. We reserve the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, without prior notice to you, and we will co-operate with such authorities by disclosing your identity to them. In the event of such a violation, your right to use our Website will cease immediately. You are prohibited from violating, or attempting to violate, the security of our Website. Any such violation may result in criminal and civil liabilities to you. Examples of prohibited security violations include, but are not limited to:· logging into a server or account that you are not authorized to access;· accessing data or taking any action to obtain services not intended for you or your use;·attempting to probe, scan, or test the vulnerability of any system, subsystem, or network related to the Website or to any Archway Software computer or computer system;· tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures;· introducing or transmitting material that contains viruses, Trojan horses, worms, time bombs, logic bombs, cancelbots, or other technologically malicious or harmful computer programming routines or engines with the intent or effect of damaging, destroying, disrupting, or otherwise impairing, a computer’s functionality or the operation of theWebsite;· interfering with, intercepting, or expropriating any system, data, or information;· interfering with service to any user, host, or network including, but not limited to, by means of overloading, “flooding,”“mail bombing,” or “crashing” any system, subsystem, or network related to theWebsite or otherwise; and· attacking the Website via a denial-of-service attack or a distributed denial-of service attack.

FUNCTIONALITY DISCLAIMER
‍We do not guarantee that the functions contained in theWebsite will be uninterrupted or error-free, that this Website or its server will be free of viruses or other harmful components, or that defects will be corrected even if We are aware of them. You are responsible for configuring your information technology, computer programs and platform to access ourWebsite. You should use your own virus protection software. The material in this Website may include technical inaccuracies or typographical errors.

CONTENT
‍We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are authorized to copy, print, or distribute such content only as follows:

You may print individual pages, but you may not copy or download a large portion of the Website (e.g., no bots, web crawlers, spiders, etc. that “harvest” the Website).
You may download, print, distribute, and use pages from the Website for your personal informational, non-commercial purposes only. Any copies of such documents or pages must not alter the original Website content and must retain any copyright notices appearing therein.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.· You may not frame this Website or any portion thereof.Linking to this Website in a way that does not otherwise infringe upon our trademark interests is permitted, provided that (i) the link does not falsely imply or suggest that We have endorsed, or are affiliated with, the linked website, and (ii) you follow the “rules about linking to our site” which are stated below.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the content on our Website for commercial purposes without obtaining a license todo so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use ourWebsite will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
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We reserve the right to terminate all or any portion of the above authorizations to you at any time in our sole discretion. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish, retransmit or create derivative works based upon any information, content, or materials contained in the Website or any medium(including electronic or hard copy) without our express prior written consent.Nothing contained on the Website shall be construed as conferring by implication, estoppel, or otherwise any license or right under any intellectual property right of Archway Software or any third party, except as expressly provided above.

‍TRADEMARKS
‍The trademarks, service marks, and logos of Archway Software, and its affiliates, used and displayed on the Website are our registered and unregistered trademarks. Requests to use trademarks owned by other companies which may be mentioned on our Website should be directed to other such companies. We actively and vigorously enforce our intellectual property rights. Our trademarks, service marks, and logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without our prior written permission.
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COMPLIANCE WITH LOCAL LAWS
‍We control and administer our Website from our offices within the United States, and the Website and its contents are intended to comply with applicable laws and regulations in the United States. Although the information on the Website is accessible to users outside of the United States,We make no representation that the content of this Website complies with laws and regulations of any jurisdiction outside of the United States or that such content is appropriate or available for use in any such jurisdiction. Access to any content on the Website from locations where such content is illegal is prohibited. If you choose to access this Website from locations outside of theUnited States, you are responsible for compliance with any applicable local laws and regulations. You may not use or export any of the information on thisWebsite in violation of US export laws and regulations.

WEBSITES WE LINK TO
‍We may provide links on the Website that allow you to connect with third party websites. We have no control over the contents of those sites or resources and We provide them to you for your information only. You access these sites at your own risk. We are not responsible for the contents of any linked site, nor does the appearance of a link imply our endorsement of them. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

LINKING TO OUR SITE
‍You may link to our home page, provided you do so in away that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. OurWebsite must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our Website other than that set out above, please contact vcontact-us-web@archwaysoftware.com.

‍SUBMISSIONS
‍All submissions, documents, materials, postings, comments, remarks, suggestions, ideas, graphics, or other information communicated from users to this Website (“User Material”) are, and will forever be, the property and intellectual property of Archway Software, and you hereby assign all your intellectual property rights in such User Material toUs. We will not be required to treat any such User Material as confidential.Further, We will be entitled to use any such User Material for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else. Do not submit User Material that is unlawful, defamatory, abusive, obscene, not in accordance with these Terms of Use, or that will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). If you do, We shall be entitled to remove such User Material with or without notice to you.

PRIVACY
‍For an explanation of our policies related to the collection, use, and storage of information, please read our Privacy Policy.

‍INDEMNIFICATION
‍You agree to indemnify, defend, and hold harmless ArchwaySoftware, its affiliates, holdings, officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and expenses, resulting or arising from, or incurred in connection with, any violations by you of these Terms of Use.

LIMITATION OF LIABILITY

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. ARCHWAY SOFTWARE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, BUTNOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF (OR THE INABILITY TO USE) THIS WEBSITE ANDITS CONTENTS, OR A WEBSITE LINKED TO THIS WEBSITE, INCLUDING ANY DAMAGES ORI NJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION.

DISCLAIMER
‍THIS WEBSITE IS PROVIDED BY ARCHWAY SOFTWARE ON AN “ASIS” AND “AS AVAILABLE” BASIS. THE CONTENT ON OUR WEBSITE IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING,OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR WEBSITE.ARCHWAY SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ONTHIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ARCHWAY SOFTWARE DOES NOT WARRANT THAT THE INFORMATION IN THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR CORRECT, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE IS FREE OF HARMFUL COMPONENTS.

SEVERABILITY
‍If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.

APPLICABLE LAW
‍These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Washington. Any dispute arising from these terms shall be resolved exclusively in the state and federal courts in Washington.

WHO WE ARE AND HOW TO CONTACT US

https://archwaysoftware.com is a website (the“Website”) operated by Archway Software, Inc. (“Archway Software”, “Archways”, “We”, or “Us”). We are a corporation organized under the laws of the State of Delaware, USA. Our principal place of business is 7530 164^thAve NE, Suite A112, Redmond, WA 98052. To contact us, please email legal@archwaysoftware.com.

This policy (together with our Terms of Use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

By visiting https://archwaysoftware.com and other websites operated by us (“our site”) you are accepting and consenting to the practices described in this policy. When you contact us, or make an inquiry, via our site, your data will be collected and controlled by Archway Software who will share that data with the relevant division to which your inquiry, or request, relates (“Relevant Archway Software Division”). For example, if you inquire about an employment opportunity relating to Archway Software then your personal data may be shared with the recruiting division for these purposes. In such event Archway Software may be considered controllers of your data under applicable law (for example, the UK Data Protection Act 1998 (the “Act”). [YS1] We and the Relevant Archway Software Division may also share your personal data with our other divisions or partners from time to time for the purposes set out in this privacy policy.

INFORMATION WE MAY COLLECT FROM YOU

We will collect and process the following data about you:

Information you give to us.

This is information about you that you give us by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you respond to job postings on our site, or request information about our services, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, and other information that you voluntarily provide.

Information we collect about you.

With regard to each of your visits to our site we will automatically collect the following information:
·technical information, including the domain and host name from which you access the Internet, the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone and country setting, browser plug-in types and versions, operating system and platform;
·information about your visit, including the full Uniform Resource Locators(URL), clickstream to, through and from our site (including date and time),services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

Information we receive from other sources.

We work closely with third parties (including, for example, marketing services) that may provide us with additional information about you.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
To provide you with information about other goods and services we offer that are similar to those that you have already purchased or inquired about;
To provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. We will only contact you by electronic means (e-mail or SMS) with information about goods and
Services similar to those which were the subject of a previous sale or negotiations of a sale to you, or where you have consented to this, or where we can otherwise lawfully do so.
To notify you about changes to our service;
To ensure that content from our site is presented in the most effective manner for you and for your computer.

Information you give to us.
We will use this information:

To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
To provide you with information about other goods and services we offer that are similar to those that you have already purchased or inquired about;
To provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. We will only contact you by electronic means(e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you, or where you have consented to this, or where we can otherwise lawfully do so.
To notify you about changes to our service;
To ensure that content from our site is presented in the most effective manner for you and for your computer.

Information we collect about you.

We will use this information:

To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
To improve our site to ensure that content is presented in the most effective manner for you and for your computer;
As part of our efforts to keep our site safe and secure.
To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
To make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

Information we receive from other sources.

We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above(depending on the types of information we receive).

DISCLOSURE OF YOUR INFORMATION
‍You agree that we have the right to share your personal information with:
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Any member of our group, which means our subsidiaries.

Selected third parties including:

Service providers with which we have an agreement. These third-party service providers assist us in assessing our information security controls, maintaining our site, analyzing our site traffic, and in providing services and information to us and to users of our site;
Advertisers and advertising networks that require the data to select and serve relevant advertisements to you and others. We do not disclose information about identifiable individuals to our advertisers and advertising networks, but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target;
Analytics and search engine providers that assist us in the improvement and optimization of our site.

We will also disclose your personal information to third parties:
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In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
If Archway Software. or substantially all of the assets of any of the foregoing, is acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of Archway Software.,or its subsidiaries, our customers, or others.

If you divulge information in a public forum offered on our site such as a chat room, message board and/or newsgroup, this will be considered public information and may be disclosed and used by third parties.

WHERE WE STORE YOUR PERSONAL DATA
‍The data that we collect from you will be transferred to, and stored at, a destination outside the EuropeanEconomic Area (“EEA”). It will also be processed by staff operating outside theEEA who work for us or for one of our suppliers. [YS2] By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to us is stored on our secure servers or at our third party data centers. Unfortunately, the transmission of information via the internet is not completely secure.Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

‍YOUR RIGHTS
‍Depending on where you are located, you may have the right, under law, to ask us not to process your personal data for marketing purposes. Where you have the right, under law, to prevent such processing, you can exercise your right by contacting us at legal@archwaysoftware.com. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

‍ACCESS TO INFORMATION
‍Depending on where you are located, you may have the right, under law, to access information held about you. Your right of access can be exercised in accordance with applicable law, which might be the Act. Any access request may be subject to a fee as maybe notified to you from time to time, to meet our costs in providing you with details of the information we hold about you. Any request should be made in writing, and the best way for you to do so is to contact us at the address stated below. As we must be able to identify the person making the request, and because a fee may be due, we request that you confirm any request made by you via different means by contacting us at the address stated below. Due to technological constraints and/or information security considerations, it may be inappropriate to use social media to supply information in response to any request by you for access to information, and so please provide an alternative delivery address for our response.

‍CHANGES TO OUR PRIVACY POLICY
‍We may modify this privacy policy from time to time. Any changes we make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our privacy policy.

‍CONTACT
‍Questions, comments or requests regarding this privacy policy are welcomed and should be addressed to legal@archwaysoftware.com or by mail at Archway Software, Inc. ATTN: Compliance Specialist, 7530 164^th AveNE, Suite A112, Redmond, WA 98052.

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