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 Corporate Partners Program, your business must be located in the United States or Canada, you must be an in-house 4th Dimension developer or user that creates tools, applications or custom software based on 4th Dimension. 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. You agree to indemnify, defend (at 4D, Inc.' request) and hold 4D, Inc. harmless (including attorneys' fees, expenses and costs) from and against all damages incurred by 4D, Inc. arising out of your business activities, including claims made by your customers against 4D, Inc.
5. This agreement creates an independent contract relationship and does not create a joint venture, partnership, agency, or employment relationship between parties.
6. 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.
7. Trademark usage: You may not, use the 4D, Inc. name, logos or other 4D trademarks.
8. 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 sending a letter on your company stationary to 4D, Inc. as we may rely on such notice to make a change.
9. California law implies to this agreement. Venue in any action shall be in Santa Clara County, California.
10. This is the entire agreement related to the subject matter herein and all prior discussions are merged into this agreement.
11. This agreement shall terminate one year from the date it starts.
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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