RiskSpace Terms of Use

RiskSpace™ Terms of Use

By using the CaseWare® International Inc.’s (“CaseWare”) RiskSpace risk library, you agree to the Terms of Use, which are subject to change. These Terms of Use shall not be interpreted or construed to confer any rights or remedies to any third parties. CaseWare’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by CaseWare of any provision or any other right it has to enforce.

Permitted Use of this Risk Library

You may access the CaseWare risk library to view information, including the CaseWare database of  financial and audit risk elements, links and other content on this risk library (all of the forgoing is referred to as "Content"), subject to the terms stated here. This service is provided for your own personal information and use only.

CaseWare reserves the right to make changes to Content at any time and without notice. CaseWare also reserves the right to interrupt the operation of the risk library, or any portion of the risk library, as necessary to perform routine or non-routine maintenance, error correction, or other changes. CaseWare reserves the right to terminate your access, at its sole discretion and without prior notice, and/or block your future access to the risk library if we determine that you have violated these Terms of Use.

You can link to our risk library and include our logo in your link provided you agree to cease such link upon request from CaseWare. This right is contingent on your compliance at all times with these Terms of Use. You may not otherwise publish, copy, reproduce, distribute or otherwise use any CaseWare trademark, logo, or graphics on external risk libraries or in any other medium or form.

By uploading content to any part of CaseWare RiskSpace or the site, you automatically grant, and you represent and warrant that you have the right to grant to CaseWare, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose, commercial, advertising or otherwise, on or in connection with CaseWare RiskSpace or this site or the promotion thereof, to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing.

Restrictions

Other than with respect to use in a professional accounting practice, you may not make commercial use of the risk library, any Content, or anything that you obtain from this risk library. You may not aggregate or collect Content from this risk library to construct any kind of on-line or computer database. You may not use this risk library or Content to solicit the performance of any illegal activity or other activity which infringes the rights of CaseWare or others. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the risk library, in violation of any applicable laws or regulations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the risk library or with any other person's use of the risk library. You may not attempt to gain unauthorized access to any portion or feature of the risk library, by hacking, password "mining" or any other illegitimate means.

Your link to our risk library may also allow your employees to query the CaseWare risk library, but you may only do so by using our published query interface. You may not filter or reformat or otherwise alter the resulting HTML response to the query. You will also be subject to the restrictions that prevent you from framing the CaseWare risk library (discussed below).

Email addresses are provided solely for user queries relating to CaseWare. Capture of CaseWare email for use with unsolicited email is not permitted.

1. Framing and other Technology Restrictions

Our express written permission is required before embedding CaseWare pages in "frames" running from other risk libraries. You also may not, without our prior written permission, "mirror" any content or Content contained on this risk library or any other server. You may not use the terms "Risk Library”, “RiskSpace” or any other CaseWare trademark in any metatag, unless we have granted you permission to do so in writing.

2. Proprietary Rights Information

The contents of this Risk library are protected by the copyright laws of Canada and around the world, including international treaties. No use of Content on this risk library is allowed except as expressly stated herein. All rights not expressly granted are reserved. Copyright © 2009 CaseWare International Inc. Some Content may be copyrighted by CaseWare's suppliers, licensees and affiliates. CaseWare, Risk Library, RiskSpace and the CaseWare Logo, are trademarks of CaseWare International Inc. Without CaseWare's prior permission, you agree not to display or use in any manner, the CaseWare marks. Copyright and trademark law also applies to other companies' advertisements or information presented on this Risk library.

Warranty Disclaimer

CaseWare does not warrant the accuracy of Content on the risk library. Content is provided to be helpful and informative, but reliance on the content is solely at your own risk and expense.  The Content on the risk library is not a substitute for the use of professional accounting judgment.

CaseWare does not promise that the risk library or any Content, service, or feature of the risk library will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the risk library will provide specific results. CaseWare cannot ensure that any files or other data will be free from viruses or contamination or destructive features.

CaseWare makes no representations about any other non-CaseWare web site that you may access from this one. You acknowledge that any non-CaseWare web site is independent from CaseWare, and that CaseWare has no control over the content on such web site. A link to a non-CaseWare web site does not mean that CaseWare endorses or accepts any responsibility for the content, or for the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this risk library are solely between you and such advertiser. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that CaseWare will not be responsible or liable for any loss or damage incurred as the result of any such dealings.

THIS RISK LIBRARY AND THE CONTENT PROVIDED ON THIS RISK LIBRARY AND ANY RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS" BASIS ONLY. ALL EXPRESS AND IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The CaseWare risk library is controlled, operated and administered by CaseWare from its offices within Canada. CaseWare makes no representation that material available through the CaseWare risk library is appropriate or available for use outside Canada and access to them from territories where their contents are illegal is prohibited. If you access the CaseWare risk library from a location outside Canada, you are responsible for compliance with all applicable laws, and CaseWare accepts no responsibility for such access. CaseWare is currently headquartered at 469 King St. West, Toronto, Ontario, M5V1K4.

Limitations of Liability

You agree that CaseWare will not be liable to you or to any third party for termination of your access to the risk library as a result of any violation of these Terms of Use.

IN NO EVENT WILL CASEWARE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY USE OF THIS WEB RISK LIBRARY, OR ON ANY OTHER LINKED WEB RISK LIBRARY, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OFLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold CaseWare, and its subsidiaries, affiliates, officers, employees, agents and co-branders or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the risk library.

Additional Terms Applicable to Developers

The following are additional terms and conditions for this risk library that apply to software developers and CaseWare licensees. All Terms of Use also apply.

CaseWare may provide license agreements for developers and business partners who seek to license CaseWare data and software ("Software") for their applications or other commercial and non-commercial use.

Any Software that is provided by CaseWare or made available for download from this server is the copyrighted work of CaseWare, Inc. and/or its suppliers. Use of the Software is governed by the terms of the license agreement, which accompanies or is provided for the Software. In some cases, CaseWare may require that a license agreement must be signed before a Developer receives a copy of its software.

Any reproduction or redistribution of any CaseWare Software not in accordance with the applicable license agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, CASEWARE, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ALL INFORMATION SUPPLIED TO DEVELOPERS AND LICENSEES IS PROVIDED "AS IS."

General

Your sole remedy against CaseWare for dissatisfaction with the risk library or any Content is to stop using the risk library or any such Content.

The Terms of Use constitute the entire agreement between you and CaseWare and govern your use of the risk library, superseding any prior agreements. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and any remaining provisions of the Terms of Use remain in full force and effect. You and CaseWare agree to submit to the personal and exclusive jurisdiction of the provincial and federal courts of Ontario, Canada.. You agree that any claim or cause of action arising out of or related to use of the risk library or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If CaseWare does take any legal action against you as a result of your violation of these Terms of Use, CaseWare will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in action to any other relief granted to CaseWare.

QUESTIONS?

If you have any questions about this Notice of the Terms of Use, please contact:

CaseWare International Inc.

469 King St. West, Suite 200

Toronto, Ontario M4C4T6

Email: info@caseware.com