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Terms of Use |
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DESCRIPTION OF SERVICES.
Through its network of Web properties (collectively the “Site”), #ifdef
Software, Inc. ("#ifdef") provides you with access to a variety
of resources, including but not limited to: product purchasing areas,
document download areas, report areas, software download areas, communication
forums, product materials, and product information (collectively "Services").
The Services, including any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to the Terms Of Use (“TOU”).
ACCEPTANCE OF TERMS.
The services that #ifdef provides to you are subject to the
following Terms of Use ("TOU"). By accessing or using this Site, which
includes your access to or use of any of the Services, you agree to the
Terms of Use. #ifdef reserves the right to change the Terms of Use from
time to time at its sole discretion. Your use of the Site will be subject to
the most current version of the Terms of Use posted on the Site at the time
of such use. In addition, when using particular Services on this Site, you
shall be subject to any posted guidelines or rules applicable to such Services
or Materials that may contain terms and conditions in addition to those in
the Terms of Use. All such guidelines or rules are hereby incorporated by
reference into the Terms of Use. If you breach any of the Terms of Use,
your authorization to use this Site automatically terminates and you must
immediately destroy any Materials downloaded or printed from the Site.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software") is the
copyrighted work of #ifdef Software, Inc. and/or its suppliers or associates. Use of the
Software is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software ("License Agreement"). An end
user will be unable to install 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 download 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. Violators will be prosecuted to
the maximum extent possible.
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, #IFDEF SOFTWARE
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, #IFDEF SOFTWARE MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
#IFDEF SOFTWARE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY
OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN #IFDEF SOFTWARE'S
SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND.
Any Software which is downloaded from the Services 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. Manufacturer is #ifdef Software, Inc.,
3004 Mahan Court, Grapevine, TX 76051.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS SITE.
The Services and information on this Site are protected by copyright and/or other
intellectual property laws and any unauthorized use of the Services at this Site
may violate such laws. Except as expressly provided herein, #ifdef Software and its
suppliers do not grant any express or implied right to you under any patents,
copyrights, trademarks, or trade secret information with respect to the Services.
Unauthorized use of Services or information available on this Site is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Elements of #ifdef Software's Sites are protected by trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated in whole or
in part. No logo, graphic, sound or image from any #ifdef Software Site
may be copied or retransmitted unless expressly permitted by #ifdef Software.
WARRANTIES AND DISCLAIMERS.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND
#IFDEF SOFTWARE, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, #IFDEF MAKES
NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE,
AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED
BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL
ERRORS. #IFDEF SOFTWARE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE,
INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME
WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND
#IFDEF SOFTWARE MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
#IFDEF SOFTWARE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION,
DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED
TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL #IFDEF SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT #IFDEF SOFTWARE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR
IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO
FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS
THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM #IFDEF SOFTWARE OR THROUGH OR FROM
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL #IFDEF SOFTWARE AND/OR ITS RESPECTIVE SUPPLIERS OR ASSOCIATES BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify #ifdef Software immediately of any unauthorized use of your
account or any other breach of security. #ifdef Software will not be
liable for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. However, you could
be held liable for losses incurred by #ifdef Software or another party
due to someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account holder.
If you are a designated "Administrator" of certain Services, you are responsible
for ensuring that the security for membership accounts under your control
are is maintaned. This may include deleting or suspending any account for
an individual who is no longer authorized to use such an account.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Services in any manner that could damage, disable,
overburden, or impair any #ifdef Software server, or the network(s)
connected to any #ifdef Software server, or interfere with any other
party's use and enjoyment of any Services. You may not attempt to gain
unauthorized access to any Services, other accounts, computer systems or
networks connected to any #ifdef Software server or to any of the
Services, through hacking, password mining or any other means. You may not
obtain or attempt to obtain any materials or information through any means
not intentionally made available through the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, file cabinets
and/or other message or communication facilities designed to enable you to
communicate with others (each a "Communication Service" and collectively
"Communication Services"). You agree to use the Communication Services only
to post, send and receive messages and material that are proper and, when
applicable, related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using the Communication Services,
you will not:
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Use the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
-
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
-
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information.
-
Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws,
including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless you own
or control the rights thereto or have received all necessary consent
to do the same.
-
Use any material or information, including images or photographs, which
are made available through the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or other proprietary right
of any party.
-
Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs
that may damage the operation of another's computer or property of another.
-
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
-
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
-
Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained
in a file that is uploaded.
-
Restrict or inhibit any other user from using and enjoying the
Communication Services.
-
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
-
Harvest or otherwise collect information about others, including e-mail
addresses.
-
Violate any applicable laws or regulations.
-
Create a false identity for the purpose of misleading others.
-
Use, download or otherwise copy, or provide (whether or not for a fee) to
a person or entity any directory of users of the Services or other user
or usage information or any portion thereof.
#ifdef Software has no obligation to monitor the Communication Services.
However, #ifdef Software reserves the right to review materials posted
to the Communication Services and to remove any materials in its sole discretion.
#ifdef Software reserves the right to terminate your access to any or
all of the Communication Services at any time, without notice, for any
reason whatsoever.
#ifdef Software reserves the right at all times to disclose any
information as #ifdef Software deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in #ifdef Software's
sole discretion.
Always use caution when giving out any personally identifiable information about
yourself or your children in any Communication Services. #ifdef Software
does not control or endorse the content, messages or information found in any
Communication Services and, therefore, #ifdef Software specifically
disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Services. Managers and
hosts are not authorized #ifdef Software spokespersons, and their
views do not necessarily reflect those of #ifdef Software.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO #IFDEF SOFTWARE OR POSTED AT ANY #IFDEF SOFTWARE WEB SITE.
#ifdef Software does not claim ownership of the materials you provide
to #ifdef Software (including feedback and suggestions) or post, upload,
input or submit to any Services or its associated services for review by the
general public, or by the members of any public or private community, (each a
"Submission" and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission you are granting
#ifdef Software, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses (including, without limitation, all #ifdef Software
Services), including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; to publish your name in connection with your Submission; and the
right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as
provided herein. #ifdef Software is under no obligation to post or use
any Submission you may provide and #ifdef Software may remove any
Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms of
Use including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent that (a)
you are the copyright owner of such Images, or that the copyright owner of
such Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of your
use and as otherwise permitted by these Terms of Use and the Services, (b) you
have the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, you are
granting (a) to all members of your private community (for each such Images
available to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than
a private community), permission to use your Images in connection with the
use, as permitted by these Terms of Use, of any of the Services, (including,
by way of example, and not as a limitation, making prints and gift items which
include such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Images without
having your name attached to such Images, and the right to sublicense such rights
to any supplier of the Services. The licenses granted in the preceding sentences
for a Images will terminate at the time you completely remove such Images from the
Services, provided that, such termination shall not affect any licenses granted
in connection with such Images prior to the time you completely remove such Images.
No compensation will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider's Designated Agent.
LINKS TO THIRD PARTY SITES.
This Site contains links to third-party Web sites that are not under the control
of #ifdef Software. #ifdef Software makes no representations whatsoever about any other
Web site to which you may have access through this Site. When you access a
non-#ifdef Software Web site, you do so at your own risk and #ifdef Software is not
responsible for the accuracy or reliability of any information, data, opinions,
advice, or statements made on these sites or for the quality of any products or
services available on such sites. #ifdef Software provides these links merely as a
convenience and the inclusion of such links does not imply that #ifdef Software endorses
or accepts any responsibility for the content or uses of such Web sites.
This Site can be accessed from other countries around the world and may contain
references to #ifdef Software products, services, and programs that have not been
announced in your country. These references do not imply that #ifdef Software intends
to announce such products, services or programs in your country.
UNSOLICITED IDEA SUBMISSION POLICY.
#IFDEF SOFTWARE OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS,
NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER
WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR
DISPUTES WHEN #IFDEF SOFTWARE's PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO #IFDEF SOFTWARE. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO #IFDEF SOFTWARE OR ANYONE AT #IFDEF SOFTWARE.
IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND
THEM, PLEASE UNDERSTAND THAT #IFDEF SOFTWARE MAKES NO ASSURANCES THAT YOUR
IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © 2008 #ifdef Software, Incorporated, 3004 Mahan Court, Grapevine,
Texas 76051 U.S.A. All rights reserved.
TRADEMARKS.
The #ifdef Software logo, and/or other #ifdef Software products referenced herein
are either registered trademarks or trademarks of #ifdef Software in
the U.S. and/or other countries. The names of actual companies and products
mentioned herein may be the trademarks of their respective owners. Any rights
not expressly granted herein are reserved.
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