Disclaimer

Terms & Conditions

These Websites www.sapienzaconsulting.com and www.eclipsesuite.com/www.eclipsesoftware.com (“Websites”) are operated by Sapienza Consulting Holding B.V., a company registered in the Dutch chamber of commerce with number 27310718 whose registered office is at Rijnstraat 3, 2223 EG Katwijk, and its group companies (“we” / “our” / “us”).

These terms and conditions, including the Licence terms below (if applicable) (“Terms”) apply to your use of our Websites, so please read the Terms carefully before you start to use them. By using the Websites, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our Websites.

Accessing Our Websites

Access to our Websites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Websites without notice (see below). We will not be liable if our Websites are unavailable for any reason at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Websites. You are also responsible for ensuring that all persons who access our Websites through your internet connection are aware of these Terms, and that they comply with them.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Websites and in the material published on them or made available through them (which includes the ECLIPSE Software Suite), and you acknowledge that no title in such intellectual property is transferred to you. Those works are protected by laws regarding copyright and other intellectual property rights and under treaties around the world. All rights not expressly granted in these Terms and are reserved by us.

You may print off one copy, and may download extracts, of any page(s) from our Websites for your personal reference and you may draw the attention of others within your organisation to material posted on our Websites. This paragraph does not apply to the ECLIPSE Suite in relation to which separate terms are in place.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Websites must always be acknowledged.
You must not:

• republish material from this website (including republication on another website)
• sell, rent or sub-license material from the Websites
• show any material from the Websites in public
• reproduce, duplicate, copy or otherwise exploit material on the Websites for a commercial purpose without obtaining a licence to do so from us or our licensors.

If you print off, copy, download or use any part of our Websites in breach of these Terms, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on Information Posted

Any materials posted on our Websites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Websites, or by anyone who may be informed of any of its contents.

Our Websites Change Regularly

We aim to update our Websites regularly, and may change the content at any time. If the need arises, we may suspend access to our Websites, or close the sites indefinitely. Any of the material on our Websites may be out of date at any given time, and we are under no obligation to update such material.

Our Liability

The materials displayed on our Websites (which includes the ECLIPSE Software) are provided “as is”. We expressly exclude all warranties and conditions, whether implied or statutory, including but not limited to fitness for a particular purpose, lack of virus, accuracy, timeliness, completeness or satisfactory quality.

Subject to the exception for consumers set out in the section headed “Our Liability to Consumers” below and to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Websites or in connection with the use, inability to use, or results of the use of our Websites, any sites linked to our websites and any materials posted on them (which includes the ECLIPSE Software), including but not limited to:

• loss of income or revenue
• loss of business
• loss of profits or contracts
• loss of anticipated savings
• loss or corruption of information or data
• loss of reputation or goodwill
• wasted management or office time
• any loss or damage caused to your information technology systems

and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

By using the Websites, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use the Websites.

Liability That We Do Not Exclude

In no circumstances do we limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Other Parties

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our and our group companies’ officers or employees in respect of any losses you suffer in connection with the Websites.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our and our group companies’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us.

Indemnity

You shall indemnify us and keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these terms and conditions.

Information about You and Your Visits to Our Websites

We process information about you in accordance with our Privacy Statement. These websites also uses cookies. You may accept or decline the cookies at your choice. Please read more about cookies and how we use cookies in our Cookie Statement.

Unacceptable Use, Viruses, Hacking and Other Offences

You must not use the Websites in any way that causes, or may cause, damage to the Websites or impairment of the availability or accessibility of the Websites; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not misuse our Websites by knowingly introducing material which consists of (or is linked to) any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to our Websites, the server on which our Websites is stored or any server, computer or database connected to our Websites. You must not attack our Websites via a denial-of-service attack or a distributed denial-of-service attack.

By breaching the paragraphs above in this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Websites will cease immediately.

You must also not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Websites without our express written consent.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Websites or to your downloading of any material posted on it, or on any Websites linked to it.

Linking to Our Websites

You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Website that is not owned by you.

Our Websites must not be framed on any other Website, nor may you create a link to any part of our Websites other than the home pages. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our Websites other than that set out above, please address your request to sales@sapienzaconsulting.com.

Links from Our Websites

Where our Websites contain links to other websites and resources provided by third parties, these links are provided for your information only. They do not signify that we endorse the website(s). We have no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of or reliance on them.

Breaches of These Terms

Without prejudice to our other rights under these Terms, if you breach the Terms in any way, we may take action to deal with the breach, including suspending your access to the Websites, prohibiting you from accessing the Websites, blocking computers using your IP address from accessing the Websites, contacting your internet service provider to request that they block your access to the Websites and/or bringing court proceedings against you.

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Websites although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Trade Marks

“SAPIENZA CONSULTING”™ and “SAPIENZA SPACE & DEFENCE (plus logo)”™ are trademarks of Sapienza Consulting Holding B.V.

Variations

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Websites.

Severance

If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Your Concerns

If you have any concerns about material which appears on our Websites, please contact BMS@sapienzaconsulting.com.