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Legal
Notices
On this page, you will find information about your use of
the Web site and trademarks. Please review the
Terms of Use, which govern your use of this Web site.
Terms
of Use
Welcome
to the Web site (the "Site").
By using the Site, you agree to follow and be bound by the
following terms and conditions concerning your use of the
Site ("Terms of Use") and our Privacy Policy. We
may revise the Terms of Use and Privacy Policy at any time
without notice to you.
Areas
of the Site may have different terms of use posted. If there
is a conflict between the Terms of Use and terms of use posted
for a specific area of the Site, the latter shall have precedence
with respect to your use of that area of the Site.
1.
Description of Site
Via its Web sites, (which
means Systems, Inc. and
its affiliates) provides you with access to a variety of resources,
including developer tools, download areas, communication forums
and product information (collectively "the Site").
The Site, including any updates, enhancements, new features,
and/or the addition of any new Web sites, are subject to these
Terms of Use.
2.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Site is for your personal
and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information,
software, products or services obtained from the Site.
3.
Use of Web Site Information
You may download, view, copy and print Web pages, presentations,
demos, documents and graphics incorporated in these documents
(collectively the "Documents") from the Site subject
to the following: (a) the Documents may be used solely for
personal, informational, non-commercial purposes; and (b)
the Documents may not be modified or altered in any way. Except
where your use constitutes "fair use" under copyright
law, you may not otherwise use, download, upload, copy, print,
display, perform, reproduce, publish, license, post, transmit
or distribute any information from this Web site in whole
or in part without the express authorization of .
4.
Use of Software
Any software that is made available to download from the Services
(“Software”) is the copyrighted work of and/or its suppliers. Any use
of Software and accompanying documentation you download from
the Site is governed by the terms of a software license agreement
between you and . You must
read the license agreement and indicate your agreement to
its terms prior to installing or using the software. reserves all rights, title and
interest not expressly granted. 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. Violators will be prosecuted to the
maximum extent possible.
5.
Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin
board, news group, letter to ,
its Webmaster or employees, or e-mail function offered as
part of the Site. You agree not to upload, e-mail, post, publish
or otherwise transmit through a Forum any content that: (a)
is false or misleading; (b) is defamatory; (c) is harassing
or invades another's privacy, or promotes bigotry, racism,
hatred or harm against any group or individual; (d) is obscene;
(e) infringes another's rights, including but not limited
to intellectual property rights; (f) constitutes unsolicited
bulk e-mail, "junk mail," "spam" or chain
letters; (g) violates any applicable laws or regulations;
or (h) includes a virus or worm or other such software that
may damage the computer or information of another.
Forums
shall be used in a noncommercial manner only. You shall not
distribute or otherwise publish any content containing a solicitation
of funds, promotion, advertising, solicitation for goods or
services, or other commercial matter. You agree not to solicit
other users of the Site to use or join or become members of
any commercial online or offline service or other organization.
Except where expressly authorized by , you agree not to collect or store personal data
about other users.
By
uploading, e-mailing, posting, publishing or otherwise transmitting
content to any Forum or submitting any content to , you automatically grant (or warrant
that the owner of such rights has expressly granted) a perpetual, royalty-free, irrevocable,
nonexclusive right and license to use, reproduce, modify,
adapt, publish, transmit and distribute such content on in
any form, medium, or technology now known or later developed.
In addition, you warrant that all so-called moral rights in
the content have
been waived.
6.
Passwords and Security
You are responsible for maintaining the confidentiality of
any password(s) you are given to access the Site, and are
fully responsible for all activities that occur under your
password(s). You agree to notify immediately of any unauthorized use of your password(s).
is concerned about the security
of personal information we have collected from you and has
taken reasonable steps to prevent unauthorized access to that
information.
7.
Termination of Use
You agree that may, in
its sole discretion, at any time terminate your access to
the Site and any account(s) you may have in connection with
the Site. Access to the Site may be monitored by .
8.
Third-Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content,
products and services from third parties, including users,
advertisers, affiliates and sponsors of the Site. You agree
that is not responsible
for the availability of, and content provided on, third-party
Web sites. You should refer to the policies posted by other
Web sites regarding privacy and other topics before you use
them. You agree that is
not responsible for third-party content accessible through
the Site, including opinions, advice, statements and advertisements,
and understand that you bear all risks associated with the
use of such content. If you choose to purchase any products
or services from a third party, your relationship is directly
with the third party. You agree that is not responsible for: (a) the quality of third-party
products or services; and (b) fulfilling any of the terms
of your agreement with the seller, including delivery of products
or services and warranty obligations related to purchased
products or services. You agree that is not responsible for any loss or damage of any
sort you may incur from dealing with any third party.
9.
Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL
CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS;
(B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE
SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS.
ANY
CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT
YOUR OWN DISCRETION AND RISK. EXTREME THEMES TECHNOLOGY SOLUTIONS SHALL HAVE NO RESPONSIBILITY
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION
OR SOFTWARE.
EXTREME
THEMES RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE
SITE AT ANY TIME WITHOUT NOTICE.
10.
Limitation of Liability
IN NO EVENT SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR
USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION
IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF,
THE SITE.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
11.
Indemnity
You agree to defend, indemnify and hold harmless , its officers, directors, employees and
agents from and against any and all claims, liabilities, damages,
losses or expenses, including reasonable attorneys' fees and
costs, arising out of or in any way connected with your access
to or use of the Site.
12.
Privacy Policy
is concerned about your
privacy and has developed a policy to address privacy concerns.
You can find the current privacy policy here.
13.
Export Restrictions/Legal Compliance/US Government Use
You may not access, download, use or export the Site, or the
content, software, products or services provided on the Site
in violation of U.S. export laws or regulations, or in violation
of any other applicable laws or regulations. You agree to
comply with all export laws and restrictions and regulations
of any United States or foreign agency or authority, and not
to directly or indirectly provide or otherwise make available
the services and products of
in violation of any such restrictions, laws or regulations,
or without all necessary approvals, including, without limitation,
for the development, design, manufacture or production of
nuclear, chemical or biological weapons of mass destruction.
As applicable, you shall obtain and bear all expenses relating
to any necessary licenses and/or exemptions with respect to
your own use of the services of outside the U.S. Neither the services of nor the underlying information
or technology may be downloaded or otherwise provided or made
available, either directly or indirectly, (i) into Cuba, Iran,
Iraq, Libya, North Korea, Sudan, Syria or any other country
subject to U.S. trade sanctions, to individuals or entities
controlled by such countries, or to nationals or residents
of such countries other than nationals who are lawfully admitted
permanent residents of countries not subject to such sanctions;
or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals and Blocked Persons or the
U.S. Commerce Department's Table of Denial Orders. By agreeing
to these Terms and Conditions of Use, you agree to the foregoing
and represents and warrants that you are not located in, under
the control of, or a national or resident of any such country
or on any such list.
Any
Software which is downloaded for or on behalf of the United
States of America, its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable.
14.
Applicable Laws
All matters relating to your access to, and use of, the Site
shall be governed by U.S. federal law or the laws of the State
of Georgia. Any legal action or proceeding relating to your
access to, or use of, the Site shall be instituted in a state
or federal court in Atlanta or Fulton County, Georgia. You
and agree to submit to
the jurisdiction of, and agree that venue is proper in, these
courts in any such legal action or proceeding.
15.
Copyright/Trademark Information
The Web pages in the Site are ©2003 - 2004, Systems, Inc. All rights reserved. also reserves all copyrights in
Documents and any Software available via the Site, per the
copyright notices on those Documents and Software.
16.
Contact Information
If you have any questions regarding these Terms of Use, please
contact at webmaster@extremethemes.com.
If you have any other questions regarding the Site, please
contact Themes Technology Solutions at webmaster@extremethemes.com.
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