
Legal Notice |
Copyright © 2005 Allen Systems Group, Inc. All rights reserved.
All materials on any Allen Systems Group, Inc. ("ASG") 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 ASG.
Parties
This agreement is made by and between you, the user, and ASG. 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.
ASG does not assume liability for any party not a party to this agreement,
and nor does ASG 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.
Terms of Use
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 ASG.
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.
Intellectual Property
Nothing contained herein shall be construed as conferring by implication,
estoppel or otherwise any license or right of any of the intellectual property
of ASG or of any third party.
Any ASG trademarks, registered trademarks or third party trademarks are the
property of their respective owners. No use of any ASG trademark, registered
trademark or third party trademark is permitted without the prior written
consent of ASG or the third party which may own the trademark.
Disclaimers
ASG 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 ASG DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE,
PRODUCTS OR SERVICES) PROVIDED ON ANY ASG 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.
ASG 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 ASG LIABLE FOR, ANY AND ALL DAMAGES
RESULTING FROM VIRUS INFECTION.
ASG makes no representations whatsoever about any other Web site which you
may access through this Web site. Web sites linked to by ASG are not under
the control of ASG and ASG is not responsible for the content of any linked
site or any link contained in a linked site. ASG reserves the right to terminate
any link or linking program at any time. ASG 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 ASG 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 ASG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You shall be liable for, and shall indemnify, ASG, its directors, officers,
affiliates, employees and representatives for, and shall hold harmless,
protect and defend ASG, its directors, officers, affiliates, employees
and representatives from and against, and shall reimburse ASG, its directors,
officers, affiliates, employees and representatives for, any and all
damages sustained, incurred or suffered by ASG, its directors, officers,
affiliates, employees and representatives resulting or arising in connection
with your use of the Web site.
Modification
ASG has the right at any time to change or modify the terms and conditions
of this agreement at any time without notice. ASG may also make improvements
and/or changes in the products and/or programs described in this information
at any time without notice. ASG 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 ASG from its offices in Naples, Florida, 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 Florida 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
Collier County, Florida, or federal court in Lee County, Florida. You and
ASG 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 ASG, or six (6) months of when you should have had
knowledge of a breach by ASG, 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.
Termination
ASG may terminate this agreement if you violate any provision of this agreement
or any other applicable laws or regulations.
Integration
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
ASG 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. ASG will have no obligations with respect to this information.
ASG 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.
Information submitted to ASG through forms on the Web site is governed according
to ASG's Privacy Policy.
Back