Please note this governs the use of Upcomingsofts.com.
Acceptance of Terms
Upcoming Softs (“Latest Software”) owns multiple internet sites, each of which has separate terms and conditions of use, a link to which appears at the bottom of the home page for each such site. Your use of the Progress.com internet site (this “Site”), including the services and/or materials provided to you pursuant to this Site are subject to the following terms and conditions (the “Terms”). By accessing, using, or registering to use the Software (as defined herein), Services (as defined herein), and/or Materials (as defined herein) from this Site you agree to follow and be bound by these Terms. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.
Description of Services
Upcoming Softs may provide you with access to a variety of resources, materials, and downloads, including free software, licensing key, VPN, antivirus, activators, and Mac, etc (collectively, “Services”). The Services, including any updates and enhancements, are subject to the Terms.
Use of Software
Any software or related materials that are made available to download from this Site or otherwise provided to you is the copyrighted work of Progress Software and/or its licensors. You may be required to register as a Progress Software subscriber in order to download and/or use the Software. Furthermore, your right to download and/or use the Software will be subject to these Terms and the terms and conditions of the applicable end user license agreement, if any, which accompanies or is included with the Software. Any use, reproduction, or redistribution of the Software not in accordance with these Terms or such Progress Software License Agreement is prohibited.
Use of Materials
Any information or materials that are made available to download from this Site or otherwise provided to you (“Materials”) is the copyrighted work of Upcoming Softs and/or its licensors (if any). You must be a registered Upcoming Softs subscriber in order to download and/or use the Materials and you must retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Furthermore, your right to download and/or use the Materials will be subject to these Terms. Any use, reproduction, or redistribution of the Materials not in accordance with these Terms is prohibited.
The origins of such materials may be internal or external to Upcoming Softs. While third-party Materials are believed to be reliable, such third-party Materials have not been independently authenticated, tested, or verified in whole or in part by Upcoming Softs. All Materials provided on Upcoming Softs websites, including any material from third parties, are “as is,” and Upcoming Softs makes no express or implied claims, representations, or warranties as to its accuracy, validity or veracity. Upcoming Softs and its licensors shall not be liable, in any way, for your use of these Materials, any results that may occur from such use, or any consequences from decisions made in reliance on these Materials.
In addition, certain downloads from Upcoming Softs websites may contain third-party software. Any download of software is governed by the terms of the Software License Agreement between Upcoming Softs and the user. Upcoming Softs makes no claims, representations, or warranties that the software will operate properly, securely, effectively, or efficiently. Upcoming Softs disclaims all liability concerning the download of software from the websites, including, but not limited to damage to the user’s hardware, software, network or systems, loss of data, application failure, backup errors or problems related to connectivity, security, compatibility, functionality or efficiency.
Limitation of Use
Unless otherwise specified in the Terms and/or the Upcoming Softs License Agreement, the Services and Materials are for your personal and non-commercial use. Notwithstanding anything to the contrary in the preceding sentence, if you have obtained any Software pursuant to an Upcoming Soft License Agreement, and have been granted access by Upcoming Sofs to the Upcoming Customer Order Management portion of the Site, you may use the Services and/or Materials made available in the Customer Order Management portion of the Site solely for your internal business purposes related to your license of our Software.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from the Services or Materials. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by Upcoming Softs via email or post).
Updates and Changes to the Site
The Services and/or Materials may contain technical inaccuracies or typographical errors. Unless otherwise specified in the Terms and/or the Upcoming Softs License Agreement, the Services, Software, and/or Materials may be updated, modified, or deleted at any time without notice.
You may obtain direct access via the Site to certain confidential information of Upcoming Softs and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing, and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Upcoming Softs and its suppliers.
Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms of Progress Software’s written request, You must cease use of Confidential Information and return or destroy it.
The Confidentiality provision will not apply with respect to Confidential Information to the extent that You can establish by legally sufficient evidence: (a) You possessed such Confidential Information prior to Your receipt from Upcoming Softs, without an obligation to maintain its confidentiality; (b) such Confidential Information is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained such Confidential Information from a third party who had the right to disclose it, without any obligation to keep such information confidential; (d) You independently developed substantially similar information without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) You are required to disclose such Confidential Information in response to a valid order by a court or other governmental body, as otherwise required by law, but only after prior notice to Upcoming Softs adequate to afford Upcoming Softs the opportunity to object to the disclosure.