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Welcome to the SBC
Technologies, Inc. ("SBCT") Web site (the "Web Site"). Please
review the following notices, terms and conditions
concerning your use of the Web Site. By accessing, using
or downloading any materials from the Web Site, you
agree to follow and be bound by these notices, terms and
conditions (the "Terms"). If you do not agree with these
Terms, please do not use this Web Site.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but
not limited to information, documents, products, logos,
graphics, sounds, images, software, and services
("Materials"), are provided either by SBCT or by third
party manufacturers, authors, developers and vendors
("Third Party Providers") and are the copyrighted work
of SBCT and/or its Third Party Providers. Except as
stated herein, none of the Materials may be copied,
reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any
means, including but not limited to electronic,
mechanical, photocopying, recording, or other means,
without the prior express written permission of SBCT.
Also, you may not "mirror" any Materials contained on
this Web Site on any other server without SBCT’s prior
express written permission.
SBCT hereby grants you
permission to display, copy, distribute and download
SBCT’s Materials on this Web Site provided that: (1)
both the copyright notice identified below and this
permission notice appear in the Materials; (2) the use
of such Materials is solely for personal, non-commercial
and informational use and will not be copied or posted
on any networked computer, broadcast in any media, or
used for commercial gain; and (3) the Materials are not
modified in any way. This permission terminates
automatically without notice if you breach any of these
terms or conditions. Upon termination, you will
immediately destroy any downloaded or printed Materials.
Any unauthorized use of any
Materials contained on this Web Site may violate
copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY
SITES
This Web site may contain links to web sites controlled
by parties other than SBCT. SBCT is not responsible for
and does not endorse or accept any responsibility for
the contents or use of these third party web sites. SBCT
is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement
by SBCT of the linked web site. It is your
responsibility to take precautions to ensure that
whatever you select for your use is free of viruses or
other items of a destructive nature.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from
this Web Site ("Software") is the copyrighted work of SBCT. Use of the Software is governed by the terms of
the end user license agreement that accompanies or is
included with the Software ("License Agreement"). An end
user agrees to the License Agreement terms by
installing, copying, or using the Software. The Software
is made available for downloading solely for use by end
users according to the License Agreement. Without
limiting the foregoing, the copying or reproduction of
the Software to any other server or location for further
reproduction or redistribution is expressly prohibited.
Any reproduction or redistribution of the Software not
in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the
maximum extent possible. THE SOFTWARE IS WARRANTED, IF
AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE
LICENSE AGREEMENT, SBCT HEREBY DISCLAIMS ALL EXPRESS OR
IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES,
GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,
EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO
BE LEGALLY INVALID.
SUBMISSIONS
Except where expressly provided otherwise by SBCT, all
comments, feedback, information or materials submitted
to SBCT through or in association with this Web Site
("Submissions") shall be considered non-confidential and SBCT’s property. By providing such Submissions to SBCT,
you agree to assign to SBCT, at no charge, all worldwide
rights, title and interest in copyrights and other
intellectual property rights to the Submissions. SBCT
shall be free to use and/or disseminate such Submissions
on an unrestricted basis for any purpose. You
acknowledge that you are responsible for the Submissions
that you provide, and that you, not SBCT, have full
responsibility for the Submissions, including their
legality, reliability, appropriateness, originality and
copyright.
RESTRICTED RIGHTS LEGEND
Any Software which is downloaded from this Server for or
on behalf of the United States of America, its agencies
and/or instrumentalities ("U.S. Government"), is
provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph ©(1)(ii) of
the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs ©(1) and
(2) of the Commercial Computer Software — Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer
is SBC Technologies, 1-B Poplar Drive, Clifton Park, NY
12065.
LIMITATION OF LIABILITY
SBCT SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A
RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING,
DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT
SHALL SBCT BE LIABLE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING
BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS,
USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT
ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THIS WEB SITE, EVEN IF SBCT HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE
RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF
DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB
SITE AND YOU WILL NOT MAKE A CLAIM AGAINST SBCT FOR LOST
DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR
LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD SBCT HARMLESS FROM, AND YOU COVENANT
NOT TO SUE SBCT FOR, ANY CLAIMS BASED ON OR RELATED TO
THE USE OF THE WEB SITE.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY SBCT, THE
MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS" AND SBCT
HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SBCT MAKES
NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR
CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH,
ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS
CONTAINED ON THE WEB SITE.
LOCAL LAWS; EXPORT
CONTROL
SBCT controls and operates this Web Site from its
headquarters in various locations in the United States
of America and makes no representation that these
Materials are appropriate or available for use in other
locations. If you use this Web Site from other
locations, you are responsible for compliance with
applicable local laws including but not limited to the
export and import regulations of other countries. Unless
otherwise explicitly stated, all marketing or
promotional materials found on this Web Site are solely
directed to individuals, companies or other entities
located in the United States of America. You acknowledge
and agree that Materials are subject to the U.S. Export
Administration Laws and Regulations. Diversion of such
Materials contrary to U.S. law is prohibited. You agree
that none of the Materials, nor any direct product
therefrom, is being or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to
proscribed or embargoed countries or their nationals,
nor be used for nuclear activities, chemical biological
weapons, or missile projects unless authorized by the
U.S. Government. Proscribed countries are set forth in
the U.S. Export Administration Regulations. Countries
subject to U.S. embargo are: Cuba, Iran, Iraq, Libya,
North Korea, Syria, and the Sudan. This list is subject
to change without further notice from SBCT, and you must
comply with the list as it exists in fact. You certify
that you are not on the U.S. Department of Commerce’s
Denied Persons List or affiliated lists or on the U.S.
Department of Treasury’s Specially Designated Nationals
List. You agree to comply strictly with all U.S. export
laws and assume sole responsibility for obtaining
licenses to export or re-export as may be required.
INTELLECTUAL PROPERTY
NOTICESELLECTUAL PROPERTY
NOTICES
Elements of the Web Site are protected by trade dress
and other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image from
the Web Site may be copied or retransmitted unless
expressly permitted by SBCT.
GENERAL
This Web Site may include inaccuracies or typographical
errors. SBCT and the Third Party Providers may make
improvements and/or changes in the products, services,
programs, and prices described in this Web Site at any
time without notice. SBCT may periodically make changes
to the Web Site. Any action related to these Terms will
be governed by New York law and controlling U.S. federal
law. No choice of law rules of any jurisdiction will
apply. These Terms represent the entire understanding
relating to the use of the Web Site and prevail over any
prior or contemporaneous, conflicting or additional,
communications. SBCT has the right to revise these Terms
at any time without notice by updating this posting. Any
rights not expressly granted herein are reserved by SBCT.
SBCT, the SBCT logo, and
other SBCT product names referenced herein are
registered trademarks or trademarks of SBCT. in the
United States and other jurisdictions. All other product
names, company names, marks, logos, and symbols are
trademarks of their respective owners.
© 2006 SBC Technologies, 1-B
Poplar Drive, Clifton Park, NY 12065 U.S.A. All rights
reserved.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you
would like to request permission to use any Materials,
please contact SBCT at
info@sbc-tech.com.
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