NetMass Website: Terms of Use

NetMass Incorporated ("NetMass") makes information and services available on this web site, subject to the following terms and conditions. By accessing this site, you agree to these terms and conditions. NetMass reserves the right to change these terms and conditions, and the products, services, prices, and programs mentioned in this site at any time, at its sole discretion, without notice. NetMass reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.

Copyright
The information on this web site is protected by copyright. Except as specifically permitted, no portion of this web site may be distributed or reproduced by any means, or in any form, without NetMass's prior written permission.

COPYRIGHT NOTICE:
© 2002 NetMass Incorporated, 118 S. Tennessee Street, McKinney, TX 75069

Use of Software

The software and accompanying documentation available to download from this site are the copyrighted work of NetMass or Connected Corporation. Use of the software is governed by the terms of the end user license agreement, which accompanies such software. If no license accompanies the download, the terms of the license which accompanied the original product being updated will govern. You will not be able to use, download, or install any software unless you agree to the terms of such end user license agreement.

Use of Web Site Information

Except as otherwise indicated on this site, you may view, print, copy, and distribute documents on this site subject to the following terms and conditions:

The document may be used solely for informational, personal, non-commercial purposes;
Any copy of the document or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original;
The document may not be modified in any way; and
NetMass reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from NetMass.
Documents specified above do not include the layout or design of this web site. Elements of this site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part.

Documents specified above do not include logos, graphics, sounds or images on this web site, which may be reproduced or distributed only when expressly permitted by NetMass.

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Warranties and Disclaimers; Liability Limitations

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND NetMass, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NetMass ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.

IN NO EVENT SHALL NetMass BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT NetMass HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, NetMass MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

Products and Services Availability

This web site can be accessed from countries around the world and may contain references to NetMass services, programs, and products that have not been announced in your country. These references do not imply that NetMass intends to announce such services, programs, or products in your country.

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Submissions

With the exception of credit card numbers for the purchase of products and services, NetMass does not want to receive confidential or proprietary information through its web site.

Any information sent to NetMass, with the exception of credit card numbers, will be deemed NOT CONFIDENTIAL. You grant NetMass an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information you send NetMass, for any and all commercial and non-commercial purposes.

You also agree that NetMass is free to use any ideas, concepts, or techniques that you send NetMass for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.

NetMass may, but is not obligated to, review or monitor areas on its site where users may transmit or post communications, including bulletin boards, chat rooms, and user forums. NetMass is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and user forums.

You are prohibited from posting or transmitting to or from this web site any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, NetMass will have no liability related to the content of any such communications.

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Linking to NetMass's Web Site

NetMass permits anyone to link to NetMass's web site subject to the linker's compliance with the following terms and conditions:

A site that links to NetMass's web site:

May link to, but not replicate, content contained in NetMass's site;
Must not create a border environment or browser around content contained in NetMass's site;
Must not present misleading or false information about NetMass's services or products;
Must not misrepresent NetMass's relationship with the linker;
Must not imply that NetMass is endorsing or sponsoring the linker or the linker's services or products;
Must not use NetMass's logos or trade dress without prior written permission from NetMass;
Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
Must not contain materials that would violate any laws;
Must agree that the link may be removed at any time upon NetMass's request pursuant to NetMass's reserved rights to rescind its consent to allow the link.

Third-Party Web Sites

NetMass's site provides links to third-party web sites, which are not under the control of NetMass. NetMass makes no representations about third-party web sites. When you access a non-NetMass web site, you do so at your own risk. NetMass is not responsible for the reliability of any data, opinions, advice, or statements made on third-party sites. NetMass provides these links merely as a convenience. The inclusion of such links does not imply that NetMass endorses, recommends, or accepts any responsibility for the content of such sites.

Third-Party Products and Services

The NetMass web site contains mention of third-party products and services for informational purposes. NetMass makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by NetMass "as is", without warranty of any kind, either express or implied.

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Compliance with Laws

Governing Law and Jurisdiction

You agree that all matters relating to your access to, or use of, this web site shall be governed by the laws of the state of California. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County in California and the United States District Court for the Northern District of California, with respect to such matters.

NetMass makes no representation that information on this web site are appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.

Export Control Laws

Software available on the NetMass web site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial and Prohibition Orders.

By downloading or using software from this site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list.

The information on export laws provided herein is not necessarily complete. For more information on export laws, please refer to 15 C.F.R. ¤¤736, 738, 744, 746, or telephone the United States Commerce Department, Bureau of Export Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.

United States Government Rights

All NetMass products and publications are commercial in nature. The software, publications, and software documentation available on this web site are "Commercial Items", as that term is defined in 48 C.F.R.§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. ¤12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R. §252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, NetMass's publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation, and the terms and conditions herein.

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