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TERMS OF USE
Legal
Notices
Copyright
Copyright ©1998-2003 The MicroSurfer Company. All rights reserved.
The pages on this website are protected by copyright. Except
as specifically permitted, no portion of this website may be
distributed, republished, publicly displayed, or reproduced by any
means, or in any form, without the prior written permission of
Company.
Notice
Specific to Software on this Website
Any software that is made available to download
from this website is the property of the Company, which retains all
title in and rights to the Software except as described herein.
Use of the Software is governed by the terms and conditions of
the End User License Agreement ("License Agreement"), if
any, which accompanies or is included with the Software, as well as
those described herein. An
end user will be unable to install and/or register any Software that
is accompanied by or includes a License Agreement, unless he or she
first agrees to the License Agreement terms.
The Software
is made available for downloading solely for use by end users
according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe
civil and criminal penalties.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF
THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SOFTWARE AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
Use of
Software
You may not
knowingly or recklessly use the Software in any manner that could
damage, disable, overburden, or impair the MicroSurfer Service (e.g.,
you may not use the Software in an automated manner), nor may you use
the Software in any manner that could interfere with any other
party's use and enjoyment of the Software. Furthermore, you
may not use the Software in a way that causes an undue burden on our
system. We reserve the
right to terminate the MicroSurfer services at our sole discretion.
You may not modify, copy, publish, or
sell the Software without first obtaining written permission from
Company, nor may you create
any derivative works based upon the Software except as explicitly
provided herein or in the License Agreement.
Limitations on Using
The MicroSurfer Free Evaluation
Any free software that is made available on this website is
for your personal,
non-commercial use and for the purpose of evaluation in accordance
with the License Agreement. The
MicroSurfer software may not be used by or for a business, for-profit
entity, governmental or educational institution or any for-profit
activity, unless a MicroSurfer License is
purchased and registered for each desktop running the Software.
Distribution
of Software on your CD-ROM or Website
Company reserves the right to evaluate requests for
authorization to distribute the Software on your CD or host the
Software on third-party websites. Requests
for authorization should be made using our Contact
Form. You may not host the
downloadable Software unless expressly permitted by Company and we
reserve the right to revoke such authorization at any time, and any
such use of the Software shall be discontinued immediately upon
notice from us.
Linking to Us
We encourage you to provide a link to http://www.microsurfer.com
on your web site by following the instructions on the web page http://www.microsurfer.com/linktous.html.
You may do so without getting prior written permission from
us, provided that you follow the instructions listed on that page.
Posting MicroSurfer Tours
You may post
MicroSurfer Tour files on the web or make such files generally
accessible to the public provided that the MicroSurfer Tour files are
not edited with an external editor and specifically that the
MicroSurfer logo, product description and download links visible when
viewed in a browser as a web page are not be removed without the
prior written consent of Company. No other derivative works based upon the Software are
authorized or permitted.
Third-Party
Websites, Products and Services
The Software may provide links to third-party websites, which
are not under our the control. We make no representations about
third-party websites. When you access a non-MicroSurfer web site
using the Software, you do so at your own risk. Company is not
responsible for the reliability of any data, opinions, advice, or
statements made on third-party sites.
The Software and website may contain mention of third-party
products and services for informational purposes. Company makes no
recommendations or endorsements about third-party products and
services. References to third-party services and products are
provided by Company "as is," without warranty of any kind,
either express or implied.
Title
The Software
is fully protected by copyright under U.S. law and international
treaty provisions. Company
reserves all rights not expressly granted in this Agreement. You
acknowledge that the Company retains title to the software and
reserves all rights not conveyed herein. Copyright and patent laws of
the United States and international treaties protect this Software.
We welcome your ideas about MicroSurfer and comments on how to
improve it. Please note that by providing us with your ideas and
comments, you also grant Company
permission to use and incorporate your ideas or comments into the
Software without further compensation to you.
Intellectual Property
You
acknowledge that Company owns all right, title and interest in and to
the Software, including without limitation all Intellectual Property
Rights. "Intellectual Property Rights" means any and all
rights existing from time to time under patent law, copyright law,
trade secret law, trademark law, unfair competition law, and any and
all other proprietary rights, and any and all applications, renewals,
extensions and restorations thereof, now or hereafter in force and
effect worldwide. You
agree not to modify, adapt, translate, prepare derivative works from,
decompile, reverse engineer, disassemble or otherwise attempt to
derive source code from the Software.
You also agree to not remove, obscure, or alter Company’s
copyright notice, trademarks, or other proprietary rights notices
affixed to or contained within the Software.
Trademarks
MicroSurfer is the
registered trademark of Nanosoft Corporation.
All other trademarks, service marks, trade names, product
names and company names or logos cited herein are the property of
their respective owners.
Warranties
and Disclaimers; Liability Limitations
DISCLAIMER OF WARRANTY:
THE SITE AND SOFTWARE ARE PROVIDED TO YOU "AS IS" WITHOUT
WARRANTY OF ANY KIND. COMPANY MAKES NO EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN RELATING TO THE SITE
OR SOFTWARE. COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE MAY
CONTAIN INFORMATION POSTED BY THIRD PARTIES. COMPANY DOES NOT
GUARANTEE THE ACCURACY OF INFORMATION POSTED BY THIRD PARTIES AND
DOES NOT WARRANT EXPRESSLY OR IMPLIEDLY ANY INFORMATION POSTED BY
THIRD PARTIES.
LIMITATION
OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING
THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH THE SOFTWARE OR THE
SITE. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA,
REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING,
WHETHER FOR BREACH OR IN TORT, EVEN IF COMPANY HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
COMPANY
ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION
OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO
THE SITE.
THIS WEB
SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE
PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, COMPANY, MAKES
NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
Export
Control Laws
Software available on
the site is subject to United States export controls. No software
from the site may be downloaded or otherwise exported or re-exported:
(1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan,
North Korea, Iran, Syria, Taliban-occupied Afghanistan or any other
country to which the United States has embargoed goods; (2) to anyone
on the United States Treasury Department's list of Specially
Designated Nationals or the United States Commerce Department's Table
of Denial and Prohibition Orders; or (3) persons engaged in the
manufacture or sale of weapons of mass destruction.
By
downloading or using software from the site, you are agreeing to the
foregoing and all applicable export control laws. You are also
warranting that you are not under the control of, located in, or a
resident or national of any such country or on any such list.
The
information on export laws provided herein is not necessarily
complete. For more information on export laws, please refer to 15
C.F.R. ¤¤736, 738, 744, 746, or the United States Commerce
Department, Bureau of Export Administration at www.bxa.doc.gov.
United
States Government Rights
If the Software is
licensed to agencies of the U.S. Government, the Software is
commercial computer software, and pursuant to FAR 12.212 or DFARS
227.7202 and their successors, as applicable, shall be licensed to
the Government under the terms and conditions of the End User License
Agreement(s) accompanying the Software, and the terms and conditions
herein.
Governing
Law and Jurisdiction
You agree that all
matters relating to your access to, or use of, the site or the
Software shall be governed by the laws of the state of Washington,
except for provisions regarding choice of law. You agree and hereby
submit to the exclusive personal jurisdiction of the Superior Court
of the State of Washington in and for King County and/or the United
States District Court for the Western District of Washington.
You further agree that venue shall be properly exercised by
such Courts situated in Seattle, Washington.
The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
Company
makes no representation that information on this site is appropriate
or available for use in all countries, and prohibits accessing
materials from territories where contents are illegal. Those who
access this site do so on their own initiative and of their own risk
and are responsible for compliance with all applicable laws.
PRIVACY POLICY | TERMS OF USE
