WEB SITE TERMS AND CONDITIONS OF USE
This page states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically.
Section 1. Use of Material.
The Company authorizes you to view and download a single copy of the
material on this Web site ("Web Site") solely for your personal,
noncommercial use. Special rules may apply to the use of certain software
and other items provided on the Web Site. Any such special rules are listed as
Legal Notices on this Web Site and are incorporated into this Agreement by
reference. The contents of this Web Site, such as text, graphics, images and
other material ("Material"), are protected by copyright under both United
States and foreign laws. Unauthorized use of the Material may violate
copyright, trademark, and other laws. You must retain all copyright and other
proprietary notices contained
in the original Material on any copy you make of the Material. You may not
sell or modify the Material or reproduce, display, publicly perform, distribute,
or otherwise use the Material in any way for any public or commercial
purpose. The use of the Material on any other Web site or in a networked
computer environment for any purpose is prohibited. If you violate any of
these Terms, your permission to use the Material automatically terminates and
you must immediately destroy any copies you have made of the Material.
Section 2. Company's Liability.
The Material may contain inaccuracies or typographical errors. Company
makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the
Web Site and the Material. Use the Web Site and the Material at your own
risk. Changes are periodically made to the Web Site and may be made at any
time.
COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
THE WEB SITE AND THE MATERIAL, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Web Site is considered to
be non-confidential. If particular Web pages permit the submission of
communications which will be treated by Company as confidential, that fact
will be stated in Legal Notices on those pages. By posting communications to
the Web Site, you automatically grant Company a royalty-free, perpetual,
irrevocable nonexclusive license to use, reproduce, modify, publish, edit,
translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or
hereafter developed, and to sublicense such rights through multiple tiers
of sublicensees. As a User, you are responsible for your own communications
and are responsible for the consequences of their posting. You must not do the
following things: Post material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner to post it; post
material that reveals trade secrets, unless you own them or have the
permission of the owner; post material that infringes on any other intellectual
property rights of others or on the privacy or publicity rights of others; post
material that is obscene, defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another User or any other person or entity; post a sexually-
explicit image; post advertisements or solicitations of business; post chain
letters or pyramid schemes; or impersonate another person. The Company
does not represent or guarantee the truthfulness, accuracy, or reliability of any
of communications posted by other Users or endorse any opinions expressed
by Users. You acknowledge that any reliance on material posted by other
Users will be at your own risk. Company does not screen communications in
advance and is not responsible for screening or monitoring material posted by
Users. If notified by a User of communications which allegedly do not
conform to this Agreement, Company may investigate the allegation and
determine in good faith and its sole discretion whether to remove or request
the removal of the communication. Company has no liability or responsibility
to Users for performance or nonperformance of such activities. Company
reserves the right to expel Users and prevent their further access to the Web
Site for violating this Agreement or the law and the right to remove
communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites.
The Web Site may contain links to third party Web sites. These links are
provided solely as a convenience to you and not as an endorsement by
Company of the contents on such third-party Web sites. Company is not
responsible for the content of linked third-party sites and does not make any
representations regarding the content or accuracy of materials on such third
party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 6. Software Licenses.
All software that is made available for downloading from the Web Site
("Software") is protected by copyright and may be protected by other rights.
The use of such software is governed by the terms of the software license
agreement or designated Legal Notice accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on
your agreement to be bound by the terms of the License Agreement.
Section 7. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal Notice, the
aggregate liability for Company to you for all claims arising from the use of
the Materials (including Software) is limited to $100.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material (including Software) or
your breach of the terms of this Agreement. The Company shall provide
notice to you promptly of any such claim, suit, or proceeding and shall assist
you, at your expense, in defending any such claim, suit or proceeding.
Section 9. Export Control.
The United States controls the export of products and information. You agree to
comply with such restrictions and not to export or re-export the Materials
(including Software) to countries or persons prohibited under the export
control laws. By downloading the Materials (including Software), you are
agreeing that you are not in a country where such export is prohibited or are a
person or entity to which such export is prohibited. You are responsible for
compliance with the laws of your local jurisdiction.
Section 10. User Information.
The Company may use the information it obtains relating to you, including
your IP address, name, mailing address, email address and use of the Web
Site, for its internal business and marketing purposes and may disclose the
information to third parties for such purposes.
Section 11. General.
This Web Site is based in San Jose, California. The Company makes no claims
the Materials are appropriate or may be downloaded outside of the United
States. Access to the Materials (including Software) may not be legal by
certain persons or in certain countries. If you access the Web Site from
outside of the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of California, without
respect to its conflict of laws principles. If any provision of this Agreement
is found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect. No
waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided in a
particular Legal Notice or Software License or material on particular Web
pages, this Agreement constitutes the entire Agreement between you and the
Company with respect to the use of Web Site. Any changes to this Agreement
must be made in writing.