APPLICATIONS: PRIVACY POLICY AND TERMS OF USE

INTRODUCTION

PLEASE READ THIS PRIVACY STATEMENT AND APPLICATION TERMS OF USE (collectively as “TERMS OF USE”) CAREFULLY BEFORE USING ANY GARY HENGEVELD APPLICATIONS (“APPLICATION”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE SET FORTH BELOW, DO NOT USE THE APPLICATION. BY ACCESSING OR USING THE APPLICATION, YOU AND THE BUSINESS ENTITY OR THE ORGANIZATION YOU REPRESENT (“YOU” OR “YOUR”) INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

2. SCOPE

The TERMS OF USE govern your use of the APPLICATION available via the , except to the extent such use is the subject of a separate agreement. Note that GARY HENGEVELD Software Products are governed solely by the License agreements (the “EULA”) under which they are sold or licensed. Always check the GARY HENGEVELD Software EULA to make certain that neither you nor your software application, infringe the intellectual property rights of GARY HENGEVELD or others. GARY HENGEVELD reserves the right to modify and update its TERMS OF USE as needs dictate and as legal requirements are updated. If and when a change is made to our TERMS OF USE, this page will be duly updated to reflect the change.

3. PRIVACY STATEMENT

GARY HENGEVELD Respects Your Privacy All Information GARY HENGEVELD collects from you is stored and maintained on servers utilizing reasonable and appropriate data security safeguards. GARY HENGEVELD does not lend, lease, sell, or market information it obtains from its customers or those who provide us personally identifiable information. GARY HENGEVELD does not disclose purchase information or licensing information to third parties. GARY HENGEVELD may disclose or report Confidential Information in limited circumstances where it believes in good faith that disclosure is required under the law. For example, GARY HENGEVELD may be required to disclose Confidential Information to cooperate with regulators or law enforcement authorities, to comply with a legal process such as a court order, subpoena, search warrant, or a law enforcement request. Additionally, if the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Content to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently. If you download a GARY HENGEVELD APPLICATION from the Store The application is not designed to collect any personal information, nor does it require any such information as part of its functionality. The application may include links to or aggregate data from other online sources to be used strictly for populating controls with sample data. GARY HENGEVELD is not responsible for the privacy practices of such online services and does not verify their content. We encourage you to review the respective privacy statements of such services, as they may differ from ours.

4. LEGAL, COPYRIGHT, and TRADEMARK INFORMATION

Unless stated otherwise, all intellectual property rights associated with the APPLICATION and its contents are the sole property of GARY HENGEVELD . The content is protected by US and International copyright laws. All GARY HENGEVELD Service Marks are so designated and all GARY HENGEVELD Products referenced in the APPLICATION are either trademarks or registered trademarks of GARY HENGEVELD . All custom graphics, icons, and other items that appear in the APPLICATION are trademarks, service marks or trade dress of GARY HENGEVELD and may not be used in any manner without the express written consent of GARY HENGEVELD . GARY HENGEVELD has made every effort to supply third-party trademark information with respect to the APPLICATION. All third party trademarks represented in the APPLICATION may be the property of their respective owners. Certain features of the APPLICATION may contain other proprietary notices, conditions of use, and copyright information, the terms of which must be observed and followed. Except for the rights of use and other rights expressly granted by these TERMS OF USE, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the APPLICATION in any manner without the prior written consent of GARY HENGEVELD .

5. YOUR SUBMISSIONS

GARY HENGEVELD does not wish to receive, act to procure, nor desire to solicit, confidential or proprietary materials and information from you through the use of its website. Any and all materials or information divulged during chats, online discussions, Support Center submissions, or made available to GARY HENGEVELD in any manner will be deemed NOT to be confidential by GARY HENGEVELD . You acknowledge that submissions to GARY HENGEVELD will not be considered confidential or proprietary and that GARY HENGEVELD will be under no obligation to keep such information confidential. You further acknowledge that GARY HENGEVELD will have an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such materials or information, and you also agree GARY HENGEVELD is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. This includes any submissions, changes, updates or corrections made via the Website Localization Service.

6. OUTBOUND LINKS

The APPLICATION may contain links and references to non- GARY HENGEVELD Websites and resources (“External Sites”). Links to External Sites may be provided for informational purposes and in no way represent an endorsement or approval by GARY HENGEVELD . GARY HENGEVELD makes no representations or warranties regarding the validity or quality of any content, software, or service hosted on any External Site. You agree that use of External Sites is done so at your own risk.

7. DISCLAIMER OF WARRANTIES

THE CONTENT PROVIDED IN THE APPLICATION AND ALL RELATED COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE FOR INFORMATION PURPOSES ONLY. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The APPLICATION may contain technical inaccuracies or typographical errors. GARY HENGEVELD may make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

8. LIMITATION OF LIABILITY

To the extent permitted by applicable law, in no event shall GARY HENGEVELD be liable for any special, incidental, indirect, or punitive and consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the APPLICATION and associated content, even if GARY HENGEVELD has been advised of the possibility of such damages. You understand that the APPLICATION may produce inaccurate results. You assume full and sole responsibility for any use of the APPLICATION and bear the entire risk for failures or faults. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND GARY HENGEVELD SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL GARY HENGEVELD ‘S LIABILITY EXCEED THE PRICE PAID TO GARY HENGEVELD FOR THE SERVICES RENDERED VIA THE WEBSITE.

9. INDEMNIFICATION

You agree to indemnify and hold harmless GARY HENGEVELD , its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this TERMS OF USE.

10. EXPORT RESTRICTIONS

DEVEXPRESS expressly complies with all export restrictions imposed by the government of the United States of America. You must agree not to export or re-export the APPLICATION to any country, person, entity or end user subject to United States export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

11. MISCELLANEOUS

The TERMS OF USE shall be construed, interpreted and governed by the laws of the State of PENNSYLVANIA, U.S.A. The TERMS OF USE gives you specific legal rights; you may have others that vary from state to state and from country to country. GARY HENGEVELD reserves all rights not specifically granted in the Website Terms of Use. Should you have any questions concerning this TERMS OF USE, or if you desire to contact GARY HENGEVELD for any reason, please contact us directly in the United States at GARYSTOOLRREPAIR@OUTLOOK.COM,

12. COPYRIGHT NOTICE

Copyright © 2020 – 2030 GARY HENGEVELD . All rights reserved.

13. TRADEMARKS

Microsoft, Windows, Windows NT, Visual Studio, Visual Basic, Visual C++, Access, Outlook, Word, Excel, FoxPro, Visual InterDev are trademarks or registered trademarks of Microsoft Corporation. Apple, iPhone, and iPad are trademarks or registered trademarks of Apple Inc. Google and Android are trademarks or registered trademarks of Google Inc. Borland, Delphi, C++Builder, RAD Studio, Embarcadero are trademarks or registered trademarks of Embarcadero Technologies Inc. Linux® is the registered trademark of Linus Torvalds in the U.S. and other countries. All other trademarks or registered trademarks are property of their respective owners. All other trademarks or registered trademarks are property of their respective owners.