ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THIS WEB SITE.
Use of Site
Gluware, Inc. (the “Company”) authorizes you to view and download the materials at this Web site (“Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Use of Services
If you access the Gluware® Software from this Site (the “Gluware Software” meaning any software licensed by the Company at any time), use of the Gluware Software is subject to the license terms in the Gluware End User License Agreement (the “Gluware EULA”) found here: http://www.gluware.com/gluware-eula. You may not access or operate the Gluware Software and/or services until you have read and accepted the terms of the Gluware EULA.
Other than personally identifiable information, which is discussed below, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). Company will have no obligations with respect to such Communications. Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Personally Identifiable Information
If you transmit or post personally identifiable information (name, address, e-mail address, phone number, etc.) to this Site, Company will handle, process and safeguard it in accordance with Company’s privacy practices found here: www.gluware.com/privacy-statement/.
User Chat Rooms
Company may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Company, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Company retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
Links To Other Web Sites
Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Company does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
NEITHER GLUWARE, INC. NOR ANY OF ITS SERVICE PROVIDERS, WARRANT THE COMPLETENESS, ADEQUACY, ACCURACY, OR USEFULNESS OF THE MATERIALS PROVIDED AT THIS SITE OR THE GLUWARE SOFTWARE. THE MATERIALS AT THIS SITE AND THE GLUWARE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL DEFECTS. GLUWARE, INC. AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER GLUWARE, INC. NOR ANY OF ITS SERVICE PROVIDERS, MAKE ANY WARRANTY THAT (i) THE GLUWARE SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE GLUWARE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GLUWARE SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE GLUWARE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS GIVEN BY GLUWARE, INC., ITS EMPLOYEES, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW OR ADDITIONAL WARRANTIES. Company further does not warrant the accuracy and completeness of the materials at this Site. Company may make changes to the materials at this Site, or to the Gluware Software and prices described in them, at any time without notice. The materials at this Site may be out of date, and Company makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Company business contact for information regarding the products, programs and services that may be available to you. To the extent that Company and/or its service providers may not as a matter of applicable law disclaim an implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.
Limitation of Liability
NEITHER GLUWARE, INC. NOR ANY OF ITS SERVICE PROVIDERS, WILL BE LIABLE TO YOU (NOR TO ANY OTHER PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, LOSS OF USE, LOSS OF COST OR OTHER SAVINGS, LOSS OF GOODWILL OR REPUTATION) OR LOSS OF DATA WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING FROM OR RELATING TO THE GLUWARE SOFTWARE OR OTHERWISE ARISING FROM THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, REGARDLESS OF WHETHER GLUWARE, INC., ANY OF ITS SERVICE PROVIDERS, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. To the extent the foregoing exclusion of liability is not permitted under applicable law, Company and/or its service providers’ liability in such case will be limited to the greatest extent permitted by law. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Procedure for Making Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (17 USC $ 512), Gluware, Inc. is registered with the US Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to the Service Provider’s Designated Agent.
U.S. Government Restricted Rights
Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 (c) (1-2) (June 1987). Government users will receive no greater Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b) (2) (November 1995), as applicable in any technical data at this site.
This Site is administered by Company from its offices in Sacramento, California. Company makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.
Compliance With Applicable Laws; Export Control Laws.
User access to this Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
All Gluware Software and any publications are commercial in nature. Use duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Company or other third parties. Users are not permitted to use these Marks without the prior written consent of Company or such third party which may own the Mark.
Products and Services Availability
Not all products or programs mentioned may be available in your country. Please contact your local sales representative for information as to products and services available in your country.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Open Source License Notices
The Gluware Software may contain software from the open source community that must be licensed under the specific license terms applicable to such software.
Company may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.