Please be advised that as of August 1, 2023 we have updated our standard Terms of Service which are available for review HERE. For all existing Customers and Users subject to the previous version of the Terms of Service this announcement is prior notice that these changes will take effect on August 29, 2023.
PLEASE NOTE the Terms of Service are only applicable to Customers and Users that are NOT subject to any of the following: (1) a Proposal with DSR Subscription Terms, (2) an executed MSA, or (3) an equivalent negotiated contract.
The changes in this new version of the Terms of Service have been made to ensure better protection of DistillerSR software and related IP. We have included a list of all changes below along with a brief description to assist your review of the updated terms:
- Section 1 -Definitions
- We have added a definition of Intellectual Property
- Section 2.4 -User Subscription Terms
- Language has been added to clarify that written notice of non-renewal is not needed when the agreement has been terminated for cause.
- Section 5.2 -Restrictions
- A portion of clause 2 of the Acceptable Use Policy, restricting Customers and Users from commercially exploiting the Services, has been moved to s.5.2 of the Subscription Terms
- the Acceptable Use Policy has been amended to remove the duplicated language moved into this section 5.2. The updated Acceptable Use Policy is available for review HERE.
- We have also added Customer liability for actions of its Users that infringe upon Intellectual Property Rights.
- Section 10.2 -Exclusion of Consequential and Related Damages
- We have carved out claims related to Intellectual Property infringement from the exclusion of consequential and related damages.
- Section 10.3 -Exclusions
- Exclusions from limitations of liability are no longer limited to infringement of a third party’s IP.
- Section 11.1 -Termination for Cause
- We have added the right for DistillerSR to terminate the Agreement immediately and without refund for cause in the event of a breach of Section 5.2 – Restrictions
- Section 11.4 -Return of Customer Data
- We have added the ability for DistillerSR to provide a Customer with a copy of their data instead of granting access to the Services to download a copy where the Agreement has been terminated for cause.
Should you have any further questions or concerns please contact us at firstname.lastname@example.org.