Terms of Use
(24 October 2003 09:05) Written by Administrator
Terms and Conditions for the public website Openwares.org
Last change to this document: October 22nd 2003
PLEASE READ THROUGH THE ENTIRE AGREEMENT AND UNDERSTAND IT
BEFORE CONTINUING TO USE THIS WEBSITE;
Any questions about this agreement should be forwarded to ?admin
?@? openwares.org?. If in any doubt, please do not continue.
This website, its owners and administrators will be referred
to in this document as Openwares. Don't send any questions regarding
any of the applications found on this web site to this e-mail
address. Those will simply be deleted. You can place that sort
of questions on the forum.
This Site, its Administrators, staff and associates; are in
no way affiliated or connected with the creators of any of the
software that is referred, found, linked, or hosted on this
public web site.
We do not support, condone nor defend the use of any File sharing
software or any other software referenced at this website.
Most downloads available at this website are stored or hosted
on servers owned by third parties that are in no way affiliated
with this website. Therefore we cannot guarantee that the contents
of those files are what you expect it to be, nor that those
files are free of viruses or other attachments.
Ownership
You are only authorized to access the Openwares website or
to use the materials contained in this website (regardless of
whether your access or use is intended) if you agree to abide
by all applicable laws, and to these Terms of Use which constitute
an Agreement between you and the owners of this website. Please
read these Terms of Use carefully. If you do not agree with
them, you should leave this website immediately.
We reserve the right to modify or amend this Agreement without
notice at any time. It is therefore important that you read
this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this website by any person,
please contact the webmaster with your concerns.
Linked Websites and Files
If Openwares has provided links or pointers to other websites
or files, no inference or assumption should be made and no representation
should be implied that Openwares is connected with, operates
or controls these websites or files.
Openwares is not responsible for the content or practices of
third party websites that may be linked to this website. This
website may also be linked to other websites operated by companies
affiliated or connected with Openwares. When visiting other
websites, however, you should refer to each such website's individual
Terms of Use and not rely on this Agreement.
Advertising
Openwares takes no responsibility for third party advertisements
which are posted on this website, nor does it take any responsibility
for the goods or services provided by its advertisers.
Disclaimer of Liability and Warranties
While Openwares does its best to ensure the optimal performance
of this website, you agree that you use this website and rely
on material contained in this website at your own risk.
This website, and all materials in this website, are provided
"as is" and, to the fullest extent permitted by law,
are provided without warranties of any kind either express or
implied. This means, without limitation, that Openwares DOES
NOT WARRANT that the website is fit for any particular purpose;
that the functions contained in the materials in the website
will be uninterrupted; that defects will be corrected; that
the website is free of viruses and other harmful components
or that the website is accurate, error free or reliable.
You acknowledge that Openwares, its parents and affiliates
together with their respective employees, agents, directors,
officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies,
failures, errors, omissions, interruptions, deletions, defects,
viruses, communication line failures or for the theft, destruction,
damage or unauthorized access to your computer system or network.
You acknowledge that Openwares is not liable for any defamatory,
offensive or illegal conduct or material found in connection
with this website, including such conduct or material transmitted
by any means by any other person.
You acknowledge that Openwares is not liable for any damages,
including, without limitation, direct, incidental, special,
consequential or punitive damages, in connection with or arising
from your use or from your inability to use this website.
Indemnity
You agree to defend, indemnify and hold harmless Openwares,
its parents and affiliates together with their respective employees,
agents, directors, officers and shareholders, from and against
all the liabilities, claims, damages and expenses (including
reasonable attorney's fees and costs) arising out of your use
of this website; your failure to use this website; your breach
or alleged breach of this Agreement or your breach or alleged
breach of the copyright, trademark, proprietary or other rights
of third parties.
Termination
Openwares reserves the right to immediately terminate your
use of, or access to, this website at any time if Openwares
decides at its sole discretion that you have breached this Agreement
or any relevant law, rule or regulation or you have engaged
in conduct that Openwares considers to be inappropriate or unacceptable.
Copyright Infringement
If you believe that any material contained in this website
infringes your copyright, you should notify Openwares of your
copyright infringement by sending an email to ?admin ?@? openwares.org?
Please note that this is only for material that is contained
on the same web server as this website. Openwares takes no responsibility
for any material contained on websites or servers that are linked
to by this website.
Copyright Status
Openwares retains a nonexclusive, royalty-free license to publish
or reproduce these documents, or allow others to do so, for
reference purposes. These documents may not be freely distributed
and used for non-commercial, scientific and educational purposes.
Commercial use of the documents available from this server is
protected under the U.S. and Foreign Copyright Laws. Individual
documents on this server may have different copyright conditions,
and that will be noted in those documents.
Disclaimer of Endorsement
Reference herein to any specific commercial products, process,
or service by trade name, trademark, manufacturer, or otherwise,
does not necessarily constitute or imply its endorsement, recommendation,
or favoring by Openwares. The views and opinions of authors
expressed herein do not necessarily state or reflect those of
Openwares, and shall not be used for advertising or product
endorsement purposes.
File Repository, Bulletin Boards and Chat Rooms
You are welcome to post, transmit or submit messages and other
materials (which include uploading files, inputting data or
any other materials or engaging in any form of communication
in connection with this website) (collectively Messages) to
the file repository, bulletin boards, chat rooms or other public
areas within, or in connection with, this website (collectively
Forums). However, Openwares accepts no responsibility whatsoever
in connection with or arising from such Messages.
Openwares does not endorse and has no control over the content
of Messages submitted by others to Forums. Messages submitted
to Forums are not necessarily reviewed by Openwares prior to
posting and do not necessarily reflect the opinions or policies
of Openwares. Openwares makes no warranties, express or implied,
as to the content of the Messages in the Forums or the accuracy
and reliability of any Messages and other materials in the Forums.
Nonetheless, Openwares reserves the right to prevent you from
submitting Materials to Forums and to edit, restrict or remove
such Messages for any reason at any time.
Openwares assumes no responsibility for actively monitoring
Forums for inappropriate Messages. If at any time Openwares
chooses, in its sole discretion, to monitor the Forums, Openwares
nonetheless assumes no responsibility for the content of the
Messages, no obligation to modify or remove any inappropriate
Messages, and no responsibility for the conduct of the user
submitting any Message. In submitting Messages to Forums, you
agree to strictly limit yourself to discussions about the subject
matter for which the Forums are intended. You agree that Openwares
accepts no liability whatsoever if it determines to prevent
your Messages from being submitted or if it edits, restricts
or removes your Messages. You also agree to permit any other
user of this website to access, view, store or reproduce the
material for that other user's personal use and not to restrict
or inhibit the use of this website by any other person.
In addition, children under the age of 13 are not authorized
to post messages or participate in Forums on this website.
You agree that you will not submit Messages to Forums that:
- Are unlawful, threatening, obscene, vulgar, pornographic,
profane or indecent including any communication that constitutes
(or encourages conduct that would constitute) a criminal offense,
gives rise to civil liability or otherwise violates any local,
state, national or international law;
- Violate the copyright, trademark or other intellectual
property rights of any other person. By submitting Messages
to Forums, you represent to Openwares that you are the rightful
owner of such material or that you have first obtained permission
to submit the material from the rightful owner;
- Improperly assume or claim the identity, characteristics
or qualifications of another person;
- Are for purposes of spamming;
- Contain any virus or other harmful component;
- Are libelous, or an invasion of privacy or publicity rights
or any other third party rights;
- Or are for commercial purposes or contain advertising
or are intended to solicit a person to buy or sell services
or to make donations.
You agree that any Message whatsoever submitted by you becomes
the property of Openwares and may be used, copied, sublicensed,
adapted, transmitted, distributed, publicly performed, published,
displayed or deleted as Openwares sees fit.
You agree to release Openwares, its parents and affiliates
together with their respective employees, agents, officers,
directors and shareholders, from any and all liability and obligations
whatsoever in connection with or arising from your use of Forums.
If at any time you are not happy with the Forums or object to
any material within Forums, your sole remedy is to cease using
them.
This legal document may change at any time without your notice;
it is your responsibility to ensure that you have read it thoroughly
each time it is updated.
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