Copyright 2002 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.