Terms and Conditions for Use of DAISY Consortium Software
- Acceptance of Terms
By downloading, installing, accessing, or using the software provided by the DAISY Consortium (“Software”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not use the Software.
- Provision of Software
The Software is provided free of charge by the DAISY Consortium. While reasonable efforts have been made to test and ensure the Software functions as intended, it is provided on an “as is” and “as available” basis.
- No Warranty
To the fullest extent permitted by applicable law, the DAISY Consortium makes no representations or warranties of any kind, express or implied, regarding the Software. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or availability.
The DAISY Consortium does not warrant that:
- The Software will meet your requirements;
- The Software will operate uninterrupted or error-free;
- Any defects will be corrected; or
- The Software will be secure or free from viruses or other harmful components.
- Limitation of Liability
To the maximum extent permitted by applicable law, the DAISY Consortium shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use or inability to use the Software.
This includes, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, even if the DAISY Consortium has been advised of the possibility of such damages.
- Use and Misuse
You agree to use the Software only for lawful purposes and in accordance with these Terms. You are solely responsible for any use or misuse of the Software and for any consequences arising from such use or misuse.
- Third-Party Services
The Software may enable access to, integration with, or use of third-party services, applications, or websites (“Third-Party Services”). These Third-Party Services are not owned or controlled by the DAISY Consortium.
The DAISY Consortium makes no representations or warranties regarding any Third-Party Services and accepts no responsibility or liability for:
- The availability, accuracy, or reliability of Third-Party Services;
- Any content, data, or materials provided by or through Third-Party Services; or
- Any damages, losses, or issues arising from your access to or use of Third-Party Services.
The inclusion of or access to Third-Party Services does not constitute or imply endorsement, sponsorship, or recommendation by the DAISY Consortium.
Your use of Third-Party Services is at your own risk and may be subject to separate terms and conditions imposed by the relevant third parties. You are solely responsible for reviewing and complying with those terms.
- Data Processing and Privacy
The Software may process limited user interaction data necessary for its operation, configuration, or functionality. By using the Software, you acknowledge that such processing may occur where required for the Software to function as intended.
To aid development, some Software may request optional enhanced user data. This non-identifiable information can help us resolve issues and develop most needed features. Opting not to provide enhanced data will not impact the functionality of the Software.
The DAISY Consortium does not collect personally identifiable information without explicit consent. All data is securely stored, never shared, sold or used outside the explicit permissions given.
Where Third-Party Services are used in connection with the Software, you may choose to send data to be processed by those third parties in accordance with their own privacy policies and terms. The DAISY Consortium will not share any personal information with Third-Party Services and is not responsible for the privacy practices, data handling, or compliance obligations of any Third-Party Services.
- Intellectual Property
All intellectual property rights in and to the Software remain the property of the DAISY Consortium or its licensors. These Terms do not grant you any rights to such intellectual property except for the limited right to use the Software in accordance with these Terms.
- Modifications and Updates
The DAISY Consortium reserves the right to modify, update, or discontinue the Software at any time without notice. The DAISY Consortium is under no obligation to provide maintenance, support, or updates for the Software.
- Termination
These Terms are effective until terminated. Your rights under these Terms will terminate automatically without notice if you fail to comply with any provision. Upon termination, you must cease all use of the Software.
- Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.
Any disputes arising out of or in connection with these Terms or the use of the Software shall be subject to the exclusive jurisdiction of the competent courts of Switzerland. The place of jurisdiction shall be Zurich, Switzerland (“Gerichtsstand ist Zürich”), unless otherwise required by mandatory applicable law.
- Entire Agreement
These Terms constitute the entire agreement between you and the DAISY Consortium regarding the Software and supersede any prior agreements or understandings.
If you have any questions regarding these Terms, please use the DAISY Consortium website contact form.