TERMS OF USE |
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WARNING: YOU MUST AGREE TO THE FOLLOWING BEFORE PURCHASING OR USING ANY OF OUR PRODUCTS OR WEBSITE Use of site Unless otherwise expressly permitted by Software Marketing Company ("SM") via an express license grant placed on this Software Marketing Company Website (Site) for specific material, SM authorizes you to view and download the materials on this 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. Without the foregoing license grant (i) you may not modify the materials on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, and, (ii) any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials on this Site are copyrighted and any unauthorized use of these materials 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.
UNLESS OTHERWISE EXPRESSLY SPECIFIED ON THIS SITE WITH REFERENCE TO A SPECIFIC SM MATERIAL, PRODUCT (FOR PURPOSES OF THESE TERMS OF USE INCLUDES ALL SOFTWARE) OR SERVICE, THE MATERIALS, PRODUCTS AND SERVICES ON THIS SITE ARE ARE OFFERED AND PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Notwithstanding the foregoing, SM's obligations with respect to its products and services are governed by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. SM further does not warrant the accuracy and completeness of the materials, or services at this Site. SM may make changes to the materials, products and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and SM makes no commitment to update the materials and services at this Site. Information published at this Site may refer to materials, products, services or other offers that are not available in your country. Consult your local SM business contact for information regarding the materials, products, services and other offers that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
IN NO EVENT WILL SM, 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 WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES 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 THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Any software that is made available to download from this Site is the copyrighted work of SM and/or its suppliers. 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"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT. Links to third-party Websites Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. SM 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, SM 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 websites linked to this Site, you do this entirely at your own risk.
SM administers this Site from its offices in Christchurch, New Zealand. SM makes no representation that materials, products or services at this Site are appropriate or available for use outside the New Zealand, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials, products or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the New Zealand, 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 New Zealand, without giving effect to any principles of conflicts of laws. SM 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. |