All materials on any Standardware Inc. ("STDW") Web site are protected by United States and international copyright law. Except as specifically permitted herein, no portion of the materials on this Web site may be reproduced without the express prior written consent of STDW.
This agreement is made by and between you, the user, and STDW. By using this Web site you agree that you have read, understand and agree to follow and be bound by the terms and conditions of this agreement. You represent that you are legally capable of entering into a contract, and that you are legally entering into this agreement, whereby which you agree to follow and be bound by the terms and conditions in this agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEB SITE OR DOWNLOAD ANY MATERIALS FROM THIS WEB SITE.
STDW does not assume liability for any party not a party to this agreement, and nor does STDW assume liability for any third party, nor is this agreement intended to, nor does this agreement, establish any third-party beneficiary arrangement or rights in any party not a party to this agreement.
Under this agreement, you have the right to use the Web site and download material from this Web site solely for your personal, noncommercial use. Material downloaded from this Web site may be displayed for your personal, noncommercial use provided that the material is not modified in any way, and that all notices are maintained without any change, including copyright, trademark and other notices.
You may not link this site with any other site without the prior written consent of STDW.
You are prohibited from posting or transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any local, state, federal or international law, ordinance or statute.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right of any of the intellectual property of STDW or of any third party.
Any STDW trademarks, registered trademarks or third party trademarks are the property of their respective owners. No use of any STDW trademark, registered trademark or third party trademark is permitted without the prior written consent of STDW or the third party which may own the trademark.
STDW assumes no responsibility for the accuracy of the information presented on this Web site. Information on this Web site may contain technical inaccuracies or typographical errors.
THE MATERIALS ARE PROVIDED "AS IS" AND STDW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS OR SERVICES) PROVIDED ON ANY STDW WEB SITE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHATABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion as to implied warranties may not apply to you.
STDW HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THIS WEB SITE IS FREE OF ANY VIRUSES. ALLEN SYSTEMS GROUP DOES NOT ASSUME ANY LIABILITY FOR, AND YOU WILL NOT HOLD STDW LIABLE FOR, ANY AND ALL DAMAGES RESULTING FROM VIRUS INFECTION.
STDW makes no representations whatsoever about any other Web site which you may access through this Web site. Web sites linked to by STDW are not under the control of STDW and STDW is not responsible for the content of any linked site or any link contained in a linked site. STDW reserves the right to terminate any link or linking program at any time. STDW does not endorse companies or products to which it links and reserves the right to note as such on its Web pages. If you decide to access any of the third party sites linked to this Web site, you do this entirely at your own risk.
Restricted Rights Legend
The materials are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the 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 and subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19, or its successor provision(s), as applicable. Contractor/manufacturer is Allen Systems Group, Inc. 1333 Third Avenue South, Naples, Florida 34102.
Limitation of Liabilities
IN NO EVENT WILL STDW BE LIABLE TO ANY PARTY FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, RELIANCE ON INFORMATION PRESENTED ON THIS WEBSITE, OR FOR USE OR RELIANCE ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, COSTS OF REPLACEMENT GOODS, EVEN IF STDW IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall be liable for, and shall indemnify, STDW, its directors, officers, affiliates, employees and representatives for, and shall hold harmless, protect and defend STDW, its directors, officers, affiliates, employees and representatives from and against, and shall reimburse STDW, its directors, officers, affiliates, employees and representatives for, any and all damages sustained, incurred or suffered by STDW, its directors, officers, affiliates, employees and representatives resulting or arising in connection with your use of the Web site.
STDW has the right at any time to change or modify the terms and conditions of this agreement at any time without notice. STDW may also make improvements and/or changes in the products and/or programs described in this information at any time without notice. STDW has the right at any time to change the information presented on the Web site at any time without notice. Such modifications and changes become effective immediately and the obligation shall be upon you to determine the current terms and conditions of this agreement and to download the most current version of the Web site.
Governing Law and Venue
This Web site is controlled by STDW from its offices in Pelham,New York, U.S.A. All matters relating to this Web site and this agreement shall be governed by U.S. federal law or the laws of the State of NewYork without regards to the conflicts of law provisions thereto. Any legal action or proceeding relating to this Web site or this agreement shall be instituted in a state court in New York, or federal court in New York . You and STDW agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
You must bring any action under this agreement within, the earlier of, six (6) months of a breach by STDW, or six (6) months of when you should have had knowledge of a breach by STDW, regardless of the applicable statute of limitations.
You agree to be bound by all applicable laws and regulations that may pertain to this Web site, including the export laws and regulations of the United States.
STDW may terminate this agreement if you violate any provision of this agreement or any other applicable laws or regulations.
This agreement supersedes any other agreement, whether oral or in writing, between the parties regarding the subject of this agreement, and renders such other agreements between the parties null and void.
Confidentiality and Privacy
STDW does not want to receive confidential or proprietary information from you through our Web site. Any material, information or other communication you transmit or post to this Web site will be considered non-confidential and non-proprietary. STDW will have no obligations with respect to this information. STDW and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the information and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.