Systemware, Inc. – Terms of Use

These Terms of Use (“Terms”) govern your access to and use of this website, including both the public areas and any secure customer-only portals accessible through the website (collectively, the “Site”). The Site is operated by Systemware, Inc. (“Systemware”) and any reference to “we”, “us”, or “our” shall refer to Systemware. Please read these Terms in their entirety. By using this Site, including accessing any Systemware information, product information, customer portal, downloads, or support materials, you agree to be bound by these Terms. If you do not agree, do not use the Site.

Scope of Use

Public Visitors

The publicly accessible portion of this Site is intended to provide general information about Systemware including our products and services. You may browse these pages for informational purposes only.

Authorized Customer Access

If you are an authorized customer (or an authorized user of a licensed customer) and have been granted credentials to log in to the secure customer portal, your access to the portal and any materials therein, including the products, patches, documentation, and support materials is governed by:

  • These Terms of Use, and
  • The applicable Program Product License Agreement or other contract (the “Agreement”) between your organization and Systemware.

You may only use the materials available in the customer portal in accordance with the terms of your organization’s Agreement with us.

Explicit Acknowledgment of License Restrictions

You acknowledge that your access to and use of any products, documentation, or other materials made available through the customer portal is subject to the terms and restrictions of your organization’s Agreement with Systemware. You agree not to use such materials in any manner inconsistent with those restrictions, including for any commercial, sublicensing, resale, or service bureau purposes not expressly permitted.

Product Licensing

No license to use our proprietary products is granted via this Site. All rights and uses are governed solely by the applicable written agreement between customer and Systemware. Access to any downloads through the customer portal does not grant any rights beyond those explicitly outlined in such agreement.

Account Credentials

You are responsible for maintaining the confidentiality of any account credentials issued to you and for ensuring that only authorized personnel use those credentials. You may not share or transfer access credentials to any third party. You must notify us immediately of any unauthorized use or suspected breach of security.

Intellectual Property

All content on this Site, including text, images, products, logos, documentation, and downloadable materials, is the property of Systemware or its licensors and is protected by intellectual property laws. Except as expressly permitted under your Agreement or these Terms, you may not copy, modify, distribute, reverse-engineer, or create derivative works from any materials on this Site.

Confidentiality Obligations

Materials available through the Site may contain confidential and proprietary information of Systemware. You agree not to disclose or use such information except as expressly permitted under your organization’s Agreement and these Terms. Unauthorized disclosure, reproduction, or distribution of such materials is strictly prohibited.

Feedback

If you submit feedback or suggestions through this Site or the customer portal, you grant Systemware a non-exclusive, royalty-free, irrevocable right to use such feedback to improve or develop products and services, provided the feedback does not include your Confidential Information unless separately protected by agreement.

Prohibited Conduct

You agree not to:

  • Attempt to access any part of the Site for which you are not authorized;
  • Interfere with the operation or security of the Site;
  • Use the Site to infringe upon any third-party rights or applicable laws;
  • Use automated tools (such as bots or scrapers) to access or extract data from the Site.

Export Control Compliance

You agree not to export, re-export, transfer, or provide access to any products or technical data obtained through this Site in violation of any applicable export control laws or regulations, including but not limited to the U.S. Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and U.S. economic sanctions programs administered by the Office of Foreign Assets Control (OFAC).

Limitation of Liability

To the fullest extent permitted by law, Systemware shall not be liable for any indirect, incidental, or consequential damages arising from or related to your use of this Site or materials obtained through it, even if advised of the possibility of such damages.

Disclaimer of Warranties

This Site is provided “AS IS” and “AS AVAILABLE.” We make no warranties of any kind, express or implied, regarding the accuracy, completeness, or availability of the Site or its content.

Third-Party Sites and Sponsors

Our Site may contain links to other Internet sites, provided solely as a convenience to viewers and not as an endorsement of the contents of such sites. In addition, other Internet sites may link to our Site without our knowledge or consent. Because Systemware has no control over such linked sites, we assume no obligation to review, nor responsibility for the availability of such content of any off-site pages or any other sites’ links to our Site. You assume clicking links to off-site pages or other sites is at your own risk. We recommend that you review the Terms of Use at each such web site before use.

Termination of Access

We may suspend or terminate your access to the customer portal or any part of the Site at any time, with or without notice, if we believe you have violated these Terms, your Agreement, or applicable law.

Changes to Terms

These Terms are effective as of August 1, 2025. We reserve the right, at any time and without notice, to add to, change, update, or modify these Terms, simply by posting such change, update, or modification on Systemware.com. Any such change, update, or modification will be effective immediately upon posting on our Site.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. You agree that any dispute related to the Site or these Terms will be resolved exclusively in a federal or state court located in Dallas County, Texas. Any such claim must be filed within one (1) year after the event giving rise to the claim, or it will be prohibited.

Entire Agreement; No Waiver

These Terms are supplemental to, and do not replace, any executed license and/or service agreement between you or your organization and Systemware. In the event of a conflict, the executed Agreement(s) shall control.

No failure or delay by Systemware in exercising any right or enforcing any provision of these Terms shall be deemed a waiver of that right or provision.

Contact

If you have questions about these Terms, please contact:

Systemware, Inc.
General Counsel
15301 Dallas Parkway, Suite 1100
Addison, Texas 75001
(972) 239-0200