Colesoft Terms of Service

  1. Overview.

            1.1.  Introduction.  This ColeSoft Terms of Service agreement (these “Terms of Service”) is an agreement between you (referred to in these Terms of Service as “you” or “your”) and ColeSoft Marketing, Inc., a Virginia corporation (referred to in these Terms of Service as “ColeSoft”, “we”, “us”, or “our”). We provide software solutions, including z/XDC, c/XDC, and dump/XDC (the “Software”) and related documentation (the “Documentation”). Some of the Software and Documentation are available through our website located at https://colesoft.com/ (the “ColeSoft Website”). The Software, the Documentation, the ColeSoft Website, and any related products or services provided by ColeSoft are collectively referred to in these Terms of Service as the “ColeSoft Solutions”. In these Terms of Service, “Person” (or “person”) means any individual, business entity, governmental entity, legal entity, or any legal person, “Affiliate” means any other Person, directly or indirectly controlling, controlled by or under common control with the subject Person, and “ColeSoft Parties” means ColeSoft, its Affiliates, and the officers, directors, shareholders, employees, attorneys, and agents of any of ColeSoft or of any of its Affiliates. You agree to read these Terms of Service carefully.

  1. Users Under Age 18.The ColeSoft Solutions are intended for use only by people who are at least eighteen (18) years old. If you are not at least eighteen (18) years old, you must not access or use the ColeSoft Solutions.
  2. Privacy Policy.Our Privacy Policy, located at https://colesoft.com/privacy (our “Privacy Policy”), explains how we collect and use your information through the ColeSoft Website. You agree to read our Privacy Policy, and you acknowledge and agree that the provisions of our Privacy Policy are made a part of these Terms of Service and are binding upon you and us.
  3. Updates to these Terms of Service.As technology changes and as our business grows and develops, we may modify these Terms of Service and our Privacy Policy from time to time. When we modify these Terms of Service or our Privacy Policy, we will give you notice by posting the amended Terms of Service and/or Privacy Policy, as applicable, on the ColeSoft Website and, if the changes meaningfully affect your rights or obligations, by e-mail (if you have provided us with your e-mail address as part of your Account Information). The amended Terms of Service and Privacy Policy will include an effective date, and the amended Terms of Service and Privacy Policy will be effective on that date. However, any changes to the governing law or venue provisions set forth in Section 8 will not apply to any disputes for which we and you have received actual notice on before such effective date. If you continue to access or use the ColeSoft Website after the Terms of Service and/or Privacy Policy are amended, you agree to be bound by the revised Terms of Service and/or Privacy Policy, as applicable. If you do not agree with the updated Terms of Service or Privacy Policy, you agree that you will promptly (1) discontinue your use of the ColeSoft Website, and (2) contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. to request that your ColeSoft Account be closed.
  4. ColeSoft License Agreement.  These Terms of Service do not grant you a license or permission to download, activate, use, or distribute the Software. You acknowledge and agree that you are only permitted to download, activate, or use the Software if you (or an employer on whose behalf you are acting) have entered into a separate license agreement with ColeSoft for the Software (a “ColeSoft License Agreement”). In the event of any ambiguity, inconsistency, or conflict between the provisions of any such ColeSoft License Agreement and these Terms of Service, the ColeSoft License Agreement will take precedence and will prevail and control.
  5. Registration and Permission to Use ColeSoft Website.  In order to download the Software, you must register with us and create an account (a “ColeSoft Account”). Our registration process currently requires you to complete and submit a registration form and provide us with your name, e-mail address, and certain other information and to select a password to secure your ColeSoft Account. As used herein, “Account Information” refers to all of the information you provide in connection with your ColeSoft Account or through the use of your ColeSoft Account. You agree that you will not disclose or share the password for your ColeSoft Account with any other person. Subject to your compliance with these Terms of Service and the applicable ColeSoft License Agreement, we grant you permission to access and use the ColeSoft Website and to download the applicable Software.
  6. Disclaimers and Limitation of Liability. Except as otherwise provided in an applicable ColeSoft License Agreement:

            7.1.  ColeSoft HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING BY CUSTOM OR TRADE USAGE), INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE ColeSoft Solutions. NO OTHER ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF THE ColeSoft Parties WILL CREATE ANY WARRANTY. NO WARRANTIES WILL BE CREATED BY ANY OF THE ColeSoft PARTIES RENDERING TECHNICAL OR OTHER ADVICE, support, OR SERVICES IN CONNECTION WITH THE ColeSoft Solutions. The ColeSoft Solutions ARE PROVIDED AND DELIVERED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, INFRINGEMENT, PERFORMANCE, RELIABILITY, AND ACCURACY IS WITH You; AND ColeSoft DOES NOT REPRESENT OR WARRANT THAT any of the ColeSoft Solutions WILL OPERATE AT ALL TIMES, UNINTERRUPTED, OR ERROR-FREE. ColeSoft SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE PRECISION, ACCURACY, OR RELIABILITY OF the ColeSoft Solutions.

            7.2.  IN NO EVENT WILL ANY OF THE COLESOFT PARTIES BE LIABLE TO You, OR TO ANY OTHER PERSON, FOR ANY LOST OPPORTUNITIES, LOST BUSINESS, LOST PROFITS, LOST SAVINGS, LOST OR CORRUPTED DATA, OR FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH, the ColeSoft Solutions, OR THE OPERATION, USE, MISUSE, OR MALFUNCTION OF THE ColeSoft Solutions, REGARDLESS OF WHETHER EITHER PARTY OR ANY OTHER PERSON HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.

  1. Governing Law and Venue.These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the applicable federal laws of the United States, without regards to the conflicts of law provisions of any jurisdiction. Without limiting the foregoing provision, the parties agree that the Virginia Uniform Computer Information Transactions Act, Virginia Code §§ 59.1-501.1 et seq. (“UCITA”), is expressly excluded from these Terms of Service and that any and all terms contained in UCITA will have no force and effect on any portion of these Terms of Service. If any ambiguity or question of intent or interpretation arises, these Terms of Service will be construed as if drafted jointly by us and you, and no presumptions or burden of proof will arise favoring or disfavoring us or you by virtue of authorship of any of the provisions of these Terms of Service. We retain all rights at law and in equity to enforce the provisions of these Terms of Service in accordance with applicable laws. Any and all claims and disputes arising out of or relating to these Terms of Service will be commenced and maintained only in a state or federal court of competent subject matter jurisdiction situated or located in Albemarle County, Virginia or the City of Charlottesville, Virginia. You and we both consent to the exclusive personal jurisdiction of and venue in any such court (and in any of the appropriate appellate courts therefrom) and irrevocably waive, to the fullest extent permitted by applicable law, any objection (including without limitation any objection based on inconvenient forum) which you or we may now or hereafter have to venue in any such court.
  2. Termination.Except as otherwise provided in an applicable ColeSoft License Agreement, we reserve the right, without any liability to you, to suspend, disable, delete, close, or terminate your ColeSoft Account and to suspend or terminate your permission to access and use the ColeSoft Website for violation of these Terms of Service or of a ColeSoft License Agreement or for any other reason. If you wish to end your relationship with us, you may request the closure of your ColeSoft Account at any time by contacting us at This email address is being protected from spambots. You need JavaScript enabled to view it.. These Terms of Service and all rights and permissions granted by us to you under these Terms of Services will automatically terminate upon the closure, deletion, or termination of your ColeSoft Account. Any termination, cancellation, or expiration of these Terms of Service notwithstanding (and notwithstanding the closure, deletion, or termination of your ColeSoft Account), Sections 7, 8, 9, and 10, and any other provisions which are by their terms intended to survive and continue will so survive and continue.
  3. Miscellaneous.Nothing in these Terms of Service is intended, nor will be deemed, to confer any rights or remedies upon any person other than the ColeSoft Parties and you. The failure of you or us to exercise or enforce any right or provision of these Terms of Service will not operate as a waiver of your or our right to do so later. If any provision of these Terms of Service is finally determined to be void, unenforceable, invalid, or otherwise contrary to law or equity, you and we agree to reform these Terms of Service to the extent necessary to cure (or if necessary, delete) such provision, and that the remainder of these Terms of Service that can be given effect without the benefit of such provision will be given effect. These Terms of Service are personal to you. Neither these Terms of Service nor any of your rights or obligations may be sold, transferred, delegated, or assigned by you without our prior written consent, and any attempt to do so without such consent will be void, and no rights will devolve by operation of law or otherwise upon any assignee, receiver, liquidator, trustee, or other person. Subject to the foregoing, these Terms of Service will be binding upon and inure to the benefit of the parties and their respective successors, assigns, and legal representatives. The descriptive headings in these Terms of Service are inserted for convenience only and do not constitute a part of these Terms of Service. These Terms of Service contain the entire agreement and understanding between you and us with respect to the transactions contemplated hereby, and these Terms of Service supersede and replace any other prior or contemporaneous agreements, terms, or conditions applicable to the subject matter of these Terms of Service.
  4. Contacting Us.You may contact us by email at This email address is being protected from spambots. You need JavaScript enabled to view it..