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Terms of Use and Legal RestrictionsATTENTION:
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. Erithacus Software Limited
("ESL") 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 Software. If you download software from this
Site ("Software"), use of the Software is subject to the license terms in the
Software License Agreement that accompanies or is provided with the Software. You may not
download or install the Software until you have read and accepted the terms of the
Software License Agreement.
User Submissions. Any material, information or other
communication you transmit or post to this Site will be considered non-confidential and
non-proprietary ("Communications"). ESL will have no obligations with respect to
the Communications. ESL 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, libellous, defamatory, obscene, pornographic, or other material that would
violate any law.
User Chat Rooms and Forums. ESL 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. ESL, 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.
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. ESL 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, ESL 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.
Disclaimer. THE MATERIALS PROVIDED AT THIS SITE ARE
PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. ESL further does not warrant the accuracy and completeness of the materials at
this Site. ESL may make changes to the materials at this Site, or to the products and
prices described in them, at any time without notice. The materials at this Site may be
out of date, and ESL 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 ESL business contact for information regarding the
products, programs and services that may be available to you. Applicable law may not allow
the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability. IN NO EVENT WILL ESL, ITS
SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF 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, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE
MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 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.
Applicable Laws. This Site is administered by ESL from
its offices in Horley, Surrey, UK. ESL makes no representation that materials at this
Site are appropriate or available for use outside the United Kingdom, 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.K. export laws and
regulations. If you choose to access this Site from outside the United Kingdom, 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 England,
without giving effect to any principles of conflicts of laws.
General. ESL 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.
Revised 20 March, 2003
Note: Anyone linking to ESL's Web site must comply
with the Guidelines for Linking to ESL's Web Site and
all applicable laws.
guidelines for linking to ESL's web site
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