Software
Your use of any software associated with the Orca Wave Blue Water Software Platform will be governed by the terms and conditions of the Software License Agreement ("Agreement") between the Companies accompanying such software, as well as the Terms of Use defined within the BlueWater Software for Customers and User access.
Orca Wave reserves all rights to such software not expressly granted to you in this Agreement and this Terms of Use. Such software is protected by copyright and other intellectual property laws and treaties. Orca Wave or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law.
Orca Wave may automatically check your version of such software and may automatically download upgrades to such software to your assigned servers to update, enhance and further develop the Orca Wave Blue Water Software Platform. You may not modify this site in any way or reproduce or publicly display, perform, or distribute or otherwise use this site or its contents for any public purpose.
By transmitting data, information or other material to any of the servers supporting the Orca Wave Blue Water Software Platform, by e-mail, via web pages, rate notices, billing invoices or otherwise, FTP, you agree that: (i) the contents thereof will not be unlawful or otherwise unfit for publication; (ii) you will use reasonable efforts to remove any viruses or other contaminating or destructive features; (iii) you are the lawful owner of the material or have the unrestricted right to the application; and (iv) you agree to indemnify Orca Wave if any third party takes action against your company in relation to the material you submit.
Orca Wave Makes No Warranty
ORCA WAVE PROVIDES THE Orca Wave Blue Water Software Platform "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORCA WAVE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ORCA WAVE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE ORCA WAVE BLUE WATER SOFTWARE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
Copyright and Trademark Notices; Other Acknowledgements
All contents of the Orca Wave Blue Water Software Platform are Copyright © 2006-2025 Orca Wave, LLC, 1500 Westlake Avenue North, Suite 120, Seattle, WA 98109 U.S.A. All rights reserved. Orca Wave and/or other Orca Wave products and services referenced herein may also be either trademarks or registered trademarks of Orca Wave in the United States and/or other countries.