1.1 The following words and phrases shall have the meanings and definitions set forth below:
(a) “Website” means the collection of content and services available at the Internet site www.tilde.com/mt, systematically selected, processed, maintained, and updated by Tilde.
(b) “Translation” means all data consisting of a source side of a single or multi-word phrase, and the matching target side, which has the same meaning as the source side in a different language.
(c) “Derivative Work” means a work based upon one or more preexisting works, such as Translation, in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations or other modifications, which as a whole represent an original work of authorship, is a derivative work. Non-material modifications to a preexisting work do not constitute a derivative work.
(b) “Online Translator” means the service that processes the user’s texts and retrieves translation equivalents in the target language from external data resources.
2. Right to use the Website
2.2 The right to access and use the Website is limited to the remote access and/or use of the Website by means of electronic access via the Internet.
2.3 Access to the Online Translator and the Translation includes the following limitative rights:
- the right to use the source and the target side of the Translation into a commercial product;
- the right to make Derivative Works;
- the right to use or resell such Derivative Works commercially;
2.4 Tilde may take technical measures to protect the Website. The USER may not remove or circumvent such technical measures.
2.5 Tilde reserves the right to audit – or to have a third party audit – whether USER complies with the granted rights regarding the use of the Website and/or the Data.
2.6 The USER is responsible for meeting the technical and functional requirements (provided by Tilde to the USER) in order to be able to access and use the Website. The use of the Online Translator and/or the Translation is for the USER’s own account and risk. The use of electronic communication facilities in order to gain access to the Online Translator is also for the USER’s own account and risk. Tilde will in no event be liable for any damage, loss or costs, including loss of Translation, or any inability of the USER to use the Online Translator as a result of a shortcoming, defect or other malfunction of the aforesaid electronic communication facilities. Furthermore, the risk of loss or theft of or damage to the Translation will at all times be borne by the USER.
3. USER’s obligations
4. Intellectual property rights
4.1 All ownership rights and all copyrights, sui generis database rights and patent rights in respect of the Online Translator exclusively vest in Tilde and its licensors. Furthermore, Tilde exclusively owns all rights in any ideas, concepts, know-how, documentation, techniques with respect to the Online Translator as well as the technology (other than the Translation) available on the servers of Tilde, unless the technology is licensed to Tilde.
4.2 The intellectual property rights to the Translation including any trademark rights vest with the USER or any other third party provider of reference documents and files that are used for the extraction of Translation. USER indicates upon submitting Translation, reference documents and files whether the USER owns the intellectual property rights to the Translation, acts on behalf of the owner of the intellectual property rights, or submits Translation or reference documents and files that are free of intellectual property rights and are as such Fair-to-Share. The USER does not grant Tilde, without the prior written consent from the trademark owner, the right to use any such trademarks.
5. Representations and Warranties of USER
5.2 USER hereby further warrants that to the best of its knowledge Translation, reference documents or files submissions do not contain any viruses, worms, spyware, or other components or instructions that are malicious, deceptive or designed to harm or limit the functionality of a computer. USER warrants that procedures have been put in place that reduce the risk of contamination of the Online Translator with aforesaid shortcoming.
5.3 USER makes no representation or warranty of any nature as to the correctness of the Translation, reference documents or files that he submits.
6. Functioning of the Online Translator
6.1 The Online Translator is provided “as is” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall Tilde or the owners of Translation vis-à-vis the USER be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out, or in connection with the use of the Online Translator and the Translation.
6.2 Tilde shall not be liable for any damage, loss, demand, liability, claim, cost or expense (including litigation costs and attorney's fees) of whatever kind, caused by or resulting from the use of the Online Translator and Translation.
7.2 All matters arising out of or relating to these terms and conditions shall be irrevocably submitted to the exclusive jurisdiction of the courts of the Republic of Latvia.