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1. Rules. While visiting OS2Ware, but you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the OS2Ware Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the OS2Ware Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the OS2Ware Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.
2. Monitoring. OS2Ware has no obligation to monitor the OS2Ware.com site. However, you agree that OS2Ware has the right to monitor the OS2Ware Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the OS2Ware Site properly, or to protect itself or its subscribers. OS2Ware will not intentionally monitor or disclose any private electronic-mail message unless required by law. OS2Ware reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
3. Privacy. OS2Ware cannot ensure or guarantee privacy for OS2Ware users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and OS2Ware and its affiliate and related companies shall be relieved of all liability in connection therewith.
4. Buying over the Internet. When making purchases or other transactions through the OS2Ware Site or the Internet, but you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the OS2Ware Site will be accurate and complete. You agree to pay all charges incurred by you Or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the OS2Ware Site. OS2Ware is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
5. Limitation of Liability. OS2Ware takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the OS2Ware Site. Further, OS2Ware makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the OS2Ware Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall OS2Ware be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
6. Recourse. If you are dissatisfied with the OS2Ware Site or with any
terms, conditions, rules, policies, guidelines, or practices of OS2Ware in operating the OS2Ware Site, your sole and exclusive remedy is to discontinue using the OS2Ware Site.
7. Confidential Information. You authorize OS2Ware to collect from any party and to retain all relevant information relating to your use of the OS2Ware Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify OS2Ware to the contrary by e-mailing us, you further authorize OS2Ware to disclose, on a confidential basis, to any party with whom OS2Ware has business relations all relevant information relating to your dealings with us and the OS2Ware Site.
8. Indemnity. You agree to defend, indemnify and hold OS2Ware and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the OS2Ware Site or the Internet or the placement or transmission of any message, information, software or other materials on the OS2Ware Site or on the Internet by you or users of your account.
9. Trademarks. OS2Ware and other names, logos and icons identifying OS2Ware and OS2Ware products and services referenced herein are trademarks or registered trademarks of OS2Ware. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
10. DISCLAIMER. THE SOFTWARE CONTAINED IN THIS ARCHIVE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL OS2Ware BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE. USE OF THE FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.
11. Miscellaneous. This Agreement, including any and all documents
referenced herein, constitute the entire agreement between OS2Ware and you pertaining to the subject matter hereof. OS2Ware's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the State of California, of the United States of America. |
