| WEBNET.DOLBEY.COM
ACCESS & CONFIDENTIALITY AGREEMENT
This
Access & Confidentiality Agreement ("Agreement") is made
effective as of the first date of Registration on www.Webnet.Dolbey.Com
(“Web Site”) by and between Dolbey (“Dolbey”)
and you (“User”).
Dolbey is engaged in the sales, development, and
support of digital dictation, transcription, and speech recognition information
system software products. User understands and that they are requesting
access Web Site, a confidential product support resource for authorized
Dolbey dealers ("representative") and their employees only.
By User selecting I AGREE at the bottom of this
page and being granted access to Web Site, User agrees to the following
provisions:
1. Acceptance
1.1. Acceptance of this agreement by User will
be deemed to have occurred on the date User is granted Login privileges
to the site.
2. Authorization
2.1. User grants that they are employed by an
authorized representative of Dolbey. If User is not employed by an authorized
representative of Dolbey, User agrees that they may be liable for damages
suffered by Dolbey as a result of unauthorized access.
3. Confidentiality
3.1. User recognizes that Web Site has and will
have business affairs and other proprietary information which are valuable,
special and unique assets of Dolbey. User agrees not to use, divulge,
disclose or communicate the information to any third party without the
prior written consent of Dolbey. User will protect the information and
treat it as strictly confidential.
3.2. Confidentiality After Termination of Access:
The confidentiality provisions of this Agreement shall remain in full
force and effect after the termination of this Agreement.
4. Term/Termination
4.1. User understands and accepts that Dolbey
does not endorse any particular comments made and disclaims any liability
for information put on this site by any user.
4.2. Employee Termination: User understands and
agrees that they must forfeit access to Web Site immediately if they are
no longer an employee of a Dolbey authorized representative. Forfeiture
occurs on the date of employee termination or resignation notice, whichever
occurs first.
4.3. Right to Cancel Without Cause: User understands
that access to Web Site is a privilege of Dolbey authorized representatives
that can be terminated at any time without cause or notice.
5. Return of Records
5.1. Upon termination of Web Site access, User
shall deliver all records made available from Web Site that are in User’s
possession within 10 working days of termination. This includes but is
not limited to: demo software and script, all marketing materials, slide
show presentations, technical documentation, and users’ manuals.
User understands that they may be liable for damages resulting from any
and all records that are not returned to Dolbey.
6. Entire Agreement
6.1. This Agreement contains the entire agreement
of access to Web Site, and there are no other promises or conditions in
any other agreement whether oral or written. This Agreement supersedes
any prior written or oral agreements between the parties.
7. Severability
7.1. If any provision of this Agreement shall
be held to be invalid or unenforceable for any reason, the remaining provisions
shall continue to be valid and enforceable. If a court finds that any
provision of this Agreement is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable, then such provision
shall be deemed to be written, construed, and enforced as so limited.
8. Waiver of Contractual Right
8.1. The failure of either party to enforce any
provision of this Agreement shall not be construed as a waiver or limitation
of that party's right to subsequently enforce and compel strict compliance
with every provision of this Agreement.
9. Applicable Law
9.1. This Agreement shall be governed by the
laws of the State of Ohio.
|