Please read through the following agreement. If you agree to the terms, click on the "I agree" link at the bottom of the page.
1. In order to qualify for the 4D Partners Program, your business must be located in the United States or Canada; you must be an in-house 4D developer or user that creates tools, applications or custom software based on 4D. Any account you have with 4D must be current.
2. Neither this agreement nor 4D, Inc.’ products licensed through this program may be resold, assigned or transferred. 4D, Inc.’s products licensed under this program are intended to be used by you for internal and development purposes only and may not be sublicensed.
3. 4D, Inc. represents that it has the lawful right to license its products and will defend and indemnify against any claim that use of the software violates any United States copyright, patent or trade secret.
4D, Inc. warrants the media upon which the software is delivered, to be free from defects in materials and workmanship for a period of ninety days following the date of shipment. The services, software and documentation provided under this program are provided by 4D, Inc. "AS IS", without warranty of any kind. Without limiting the generality of the foregoing, 4D, Inc. does not warrant that the services, the software or documentation will meet your requirements, that operation of the software will be uninterrupted or that the software is error free. 4D, Inc.' sole responsibility is limited to replacing the media on which the software is provided. THIS WARRANTY IS IN LIEU OF ALL OTHER EXPRESS OR IMPLIED, WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4D, INC. SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR OTHER ECONOMIC LOSS ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION, OR IN CONNECTION WITH 4D, INC.' PROVISION OF, OR FAILURE TO PROVIDE SUPPORT SERVICES.
4. Confidential Information. You agree that all information disclosed by 4D, Inc. to you that relates to 4D products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third-party confidential information, will be considered and referred to collectively as "Confidential Information." You agree not to disclose, publish, or disseminate Confidential Information to anyone other than those employees and contractors working for the same entity as you who have an existing 4D Partner membership. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. You agree not to use Confidential Information otherwise for your own or any third party’s benefit without the prior written approval of an authorized representative of 4D, Inc. in each instance.
5. You must defend, indemnify and hold 4D, Inc. harmless from any third-party claims, including, without limitation, reasonable attorney's fees, arising from your acts or omissions (including those of your agents) relating to your performance under this agreement. This limited warranty gives specific legal rights. You and we may have other rights which vary by jurisdiction.
6. This agreement creates an independent contract relationship and does not create a joint venture, partnership, agency, or employment relationship between parties.
7. 4D, Inc. reserves the right to refuse membership in the Program, or to terminate this agreement, where 4D, Inc. deems you unqualified at 4D, Inc.' sole discretion. 4D, Inc. reserve the right to change the cost of the Program and products at any time, without notice.
8. Partner Benefits. As a 4D Partner Program member, you will receive certain benefits applicable to your membership level as set forth in the then-current listing of benefits. Benefits may vary depending upon the partnership type. 4D, Inc. reserves the right to modify the benefits from time to time in 4D, Inc’s sole discretion.
9. You may access the program through no more than four employees. Please list the contacts in the coverage area of this agreement. You may change the contacts by updating your account information in 4D Partner Central.
10. California law implies to this agreement. Venue in any action shall be in Santa Clara County, California.
11. This is the entire agreement related to the subject matter herein and all prior discussions are merged into this agreement.
12. The term of this agreement is one year. At the end of the term, the agreement shall renew automatically for another one year term. 4D is authorized to charge the credit card on file for each renewal term. Either party may terminate this agreement with notice provided at least 30 days before the renewal. The agreement also terminates for nonpayment.
4D, Inc.'s Partner Central makes top "Ten Best Support Sites
for 2001"
For the past three years, the Association
of Support Professionals has conducted a highly-respected awards competition
for outstanding Web support sites. Click
here to read the press release.
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