Terms and Conditions of Use
Welcome to the DimaWare Software Solutions (referred to as "DimaWare",
"we", "us", or "our" herein) Web site (the
"Site"). By accessing this Site, you agree to be bound by the terms
and conditions below (the "Terms"). If you do not agree to all of the
Terms, please do not use the Site. DimaWare may from time to time modify or
revise the Terms by updating this Web page. Your use of our Site following any
such change constitutes your agreement to follow and be bound by the Terms as changed.
If any change is unacceptable to you, your only recourse is to terminate your
use of the Site.
1. OWNERSHIP RIGHTS: This web site is owned and operated by DimaWare.
(All Materials herein are protected under United States and international
copyright laws and are the property of DimaWare or its third party licensors.
All rights reserved.) As used in these Terms, "Materials" includes,
but is not limited to, software, images, text, audio and all other information,
displayed, contained within, or accessible on the Site. No Materials may be
copied, reproduced, modified, displayed, republished, uploaded, posted,
transmitted, sold or distributed in any way, except that you may download one
copy of the Materials on any single computer for your personal, non-commercial
use only, provided that you maintain in such copy all copyright and other
proprietary rights notices contained in the original Materials. No right, title
or interest in any downloaded Materials is transferred to you as a result of
any such downloading or copying. You agree not to assist others in any
unauthorized reproduction, modification, display or distribution of the
Materials. Unless expressly agreed to by DimaWare in writing, you may not
create derivative works based on the Site or Materials contained therein, in
whole or in part. The use of any Materials on any other Web site or networked
computer environment is prohibited.
2. IMAGES: All logos, page headers, images and graphics displayed on
this Site are service marks, trademarks, and/or trade dress (collectively,
"Marks") of DimaWare or its third party licensors. Except as
expressly permitted herein, using, copying, transmitting, displaying, modifying
or distributing any Marks in any form or by any means without the express
written permission of DimaWare is prohibited and may violate the copyright,
trademark, privacy or other laws of the United States and/or other countries.
3. DOWNLOADABLE SOFTWARE: The use of any DimaWare, or the Software of
third parties, downloaded from the Site shall be subject to the terms and
conditions of the license provided with the Software. "Software"
includes any files, images incorporated in or generated by the software, and
data accompanying the software. You may not download any Software from this
Site until you have read, and agreed to the terms and conditions of the license
provided with the Software. Without limiting the generality of the terms
contained in any such license, you agree that you will not: (a) modify the
Software (b) decompile, reverse engineer, or disassemble the Software, (c)
remove any copyright or other proprietary rights notices from the Software; or
(d) use the Software for any commercial purpose, or any public display, performance,
sale or rental, except as expressly permitted by DimaWare in writing. DimaWare
retains all right, title and interest in and to the Software, including all
intellectual property rights therein. You download Software at your own risk
and assume complete and exclusive responsibility for any and all losses,
damages and liabilities that may result from the use of Software downloaded
from the Site.
4. USER COMMENTS: We appreciate your comments, remarks, feedback,
suggestions, ideas and other submissions you disclose or transmit to us
(collectively, "Comments"). You grant DimaWare and its affiliates a
perpetual, irrevocable, worldwide, royalty-free right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works of,
distribute, publicly perform and publicly display (in whole or in part) your
Comments, your name and any related copyrights, moral rights or other
intellectual property rights.
5. LINKS TO OTHER SITES: This Site may contain links to other web
sites ("Linked Sites") as a convenience to you. DimaWare does not
operate or control any information, products or services on the Linked Sites,
and neither endorses or approves any products, services or information offered
at Linked Sites. You acknowledge and agree that your access or use of any
Linked Site is at your own risk.
6. PRIVACY POLICY:
It is our policy to respect the privacy of individuals who visit the Site or
provide Comments to us. Our privacy policy (the "Privacy Policy"), is
incorporated herein by reference. By accepting these Terms, you expressly
consent to the use and disclosure of your personal information as described in
the Privacy Policy.
7. INDEMNITY: You agree to defend, indemnify and hold DimaWare, its
affiliates and their officers, directors, agents and employees harmless from
and against any and all claims, losses, damages, liabilities, costs and
expenses, including attorneys' fees, arising from or related to your (a) User
Content, (b) use of the Site, or (c) violation of any of these Terms.
8. WARRANTY DISCLAIMER: THE SITE AND ALL ELEMENTS THEREOF ARE
PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. DIMAWARE EXPRESSLY DISCLAIMS ALL
SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. DIMAWARE DOES NOT WARRANT (A) THAT THIS
SITE OR ITS CONTENTS WILL BE COMPLETE, UNINTERRUPTED, SECURE OR ERROR FREE, (B)
THAT THE SITE WILL MEET YOUR REQUIREMENTS, (C) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SITE OR (D) THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION ACCESSED ON OR THROUGH
THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
9. LIMITATION OF LIABILITY: IN NO EVENT SHALL DIMAWARE, ITS
LICENSORS, OR ANYONE ELSE WHO HELPED CREATE, PRODUCE OR DELIVER THIS SITE, BE
LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, WHETHER IN AN ACTION UNDER
CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF DIMAWARE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. DIMAWARE'S TOTAL LIABILITY FOR ALL CLAIMS
ARISING FROM OR RELATING TO THESE TERMS OR USE OF THIS SITE SHALL NOT EXCEED
ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. JURISDICTION AND APPLICABLE LAWS: This site is administered by DimaWare
from its home offices. Unless otherwise specified, the Materials are presented
solely for the purpose of promoting DimaWare and its products within the United States, its territories, possessions and protectorates. DimaWare makes no
representation or warranty that the Software or the Materials are appropriate
or available for use in territories outside of the United States. Access,
downloading or use of such Software and Materials in territories where such
Software or Materials are illegal is prohibited. You agree to comply with all
laws, rules and regulations applicable to your downloading or use of the
Software and Materials available on or through this Site, including, but not
limited to, all United States export control laws, rules and regulations.
Without limiting the generality of the foregoing, no Software or Materials may
be downloaded or exported into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which the United
States has embargoed goods; or anyone on the United States Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. DimaWare does not authorize the transfer, by
any means, of any Software, Materials or technical data from this Site to any
jurisdiction prohibited by the United States export laws. You may not use,
export or re-export the Software or Materials, or any copy or adaptation
thereof, in violation of any applicable laws or regulations, including without
limitation United States export laws and regulations. If you choose to access
this Site from outside the United States, you do so on your own initiative and
are solely responsible for any liability arising therefrom. These Terms will be
governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of laws. You and DimaWare
each agree to submit to the personal and exclusive jurisdiction of the courts
located within Shiawassee County, Michigan, U.S.A.
11. GOVERNMENT RESTRICTED RIGHTS: The software which may be
downloaded, acquired or accessed from this Site is a "commercial
item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer
software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7201-1 through 227.7201-4 (JUNE 1995), the software is provided to U.S. Government end
users with only those rights as are granted to all other end users pursuant to
the terms and conditions set forth in DimaWare's standard end user license
agreement accompanying the software. Further, to the extent that any
"technical data," as that term is used in 48 C.F.R. 12.211, is provided in connection with any Materials or software downloaded, acquired or
accessed through the Site, the government shall acquire only the technical data
and the rights in that data customarily provided to the public with a
commercial item or process.
12. TERMINATION: You agree that DimaWare, in its sole discretion, may
suspend or terminate its operation of the Site or your use of the Site (or any
portions thereof), and may remove and discard any User Content, Software or
Materials within the Site, for any reason. In the event you fail to comply with
the Terms, your right to use the Site will automatically terminate. Upon any
termination of the Site, or your use of the Site, you agree to immediately and
completely destroy all copies of any Software of Materials downloaded form the
Site. You agree that DimaWare shall not be liable to you or any third-party for
any termination of the Site, your access to the Site or any removal of any User
Content from the Site.
13. GENERAL: These Terms constitute the entire agreement between you
and DimaWare and supersede and replace any prior agreements, whether written or
oral, between you and DimaWare related to the subject matter herein. The
failure of DimaWare to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and all other
provisions of the Terms shall remain in full force and effect. You agree that
regardless of any statute or law to the contrary, you must file any claim or
cause of action arising out of or related to use of the Site or otherwise
arising out of or related to these Terms within one (1) year after such claim
or cause of action arose. The section titles in these Terms are for convenience
only and have no legal or contractual effect.
Copyright Statement
This site and the contents of this site, including but not limited to, text,
photographs, graphics, illustrations, video, sound, software and other material
(all such contents collectively referred to as "Content") are
protected under United States and international copyright laws and are the
property of DimaWare or its third party licensors. All rights reserved. Except
as expressly permitted herein, copying, distributing, transmitting, displaying,
modifying, or otherwise using any Content in any form or by any means without
the express written permission of DimaWare is prohibited and may violate the
copyright laws of the United States and/or other countries. You may view, copy,
print, and distribute this Web site subject to the following conditions: (a)
the site may be used for informational purposes only; (b) the site may only be
used for non-commercial, non-profit purposes and (c) any copy of this Web site,
or portion thereof, must include the following copyright notice: Copyright 1998-2005,
DimaWare, All rights reserved.
Note that DimaWare retains all right, title and interest in and to all
software, products, processes and technologies described or made available on
this Web site, and all intellectual property Rights related thereto, and
nothing shall be deemed to grant you any ownership or other rights therein.
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