Servertec | Terms Of Use

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Acceptance of Terms: Read these Servertec Terms of Use ("Terms") carefully before you ("You") use the Servertec.com website ("Website") in any manner. By using this Website in any manner you agree to be bound by the terms and conditions set forth in this document. If You do not agree to all of these Terms, do not use this Website in any manner. The Terms are entered into by and between Servetec and You. If you are using the Services on behalf of Your employer, You represent that You are authorized to accept these Terms on Your employer's behalf. Servertec reserves the right to update the Terms of Use at any time without notice to you. If we make any substantial changes to these Terms we will notify you by posting a prominent announcement on our Website's front page. The most current version of the Terms Of Use can be reviewed by clicking on the "Terms of Use" link located at the bottom of our Web pages. Content Definition: Through its Website, Servertec provides you with access to a variety of resources, including developer tools, download areas and product information ("Content"). The Content, including any updates, enhancements, new features, and/or additions, are subject to the Terms of Use. Service Definition: This Website may contain Web-based services, e-mail services, instant messaging services, bulletin board services, chat areas, news groups, forums, communities, file areas and/or other message or communication facilities designed to enable you to communicate with us and others ("Services"). Limited Access Grant: Servertec grants to You a non-exclusive, non-transferable limited access to the Content and Services available on this Website. You must not re-distribute the Content and Services in whole or in part, either separately or included with a product. You may access the Content and Services on any single computer or access the Content and Services on a network, provided that each person accessing the Content and Services through the network must first agree to these Terms Of Use. Software Downloads: Any software that is made available to download from this Website ("Software") is the copyrighted work of Servertec and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according with the License Agreement accompanying such software. 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. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SERVERTEC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Documents and Images: Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this Website is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Website is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Servertec.com Website or any other Servertec owned, operated, licensed or controlled site. Elements of Servertec Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Servertec Website may be copied or retransmitted unless expressly permitted by Servertec. SERVERTEC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED IMAGES PUBLISHED AS PART OF THIS WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED IMAGES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SERVERTEC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SERVERTEC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE. THE DOCUMENTS AND RELATED IMAGES PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SERVERTEC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL SERVERTEC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS WEBSITE. Services: You agree to use the Services only to access, post, send and receive messages and material that are proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when using the Services, you will not: Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Access, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. Use any material or information, including images or photographs, which are made available through this Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Services specifically allows such messages. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any copyright information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Services. Violate any code of conduct or other guidelines which may be applicable for any particular Service. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of this Website or other user or usage information or any portion thereof. Servertec has no obligation to monitor the Services. However, Servertec reserves the right to review materials posted to the Services and to remove any materials in its sole discretion. Servertec reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. Servertec reserves the right at all times to disclose any information as Servertec deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Servertec's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any of the Services. Servertec does not control or endorse the content, messages or information found in any of the Services and, therefore, Servertec specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any of the Services. Managers and hosts are not authorized Servertec spokespersons, and their views do not necessarily reflect those of Servertec. Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Restrictions: Unless otherwise specified, the Content is for your personal and non-commercial use. The Content and Services available on this Website are confidential copyrighted information owned by Servertec and title, ownership rights, and intellectual property rights in the Content and Services and to all rights are retained by Servertec. The Content and Services is protected by the copyright laws and treaties. Title and related rights in the Content or Services accessed through this Website is the property of the applicable content owner and may be protected by applicable law. These Terms give you no rights to such content. You may not: permit other individuals to use the Content and Services except under the terms listed above; permit concurrent use of the Content and Services; alter or remove any proprietary notices or labels; or modify, translate, reverse engineer, decompile, decrypt, extract, disassemble, transmit, display, perform, reproduce, publish, create derivative works from, copy, sell, rent, lease, license, grant a security interest in, or otherwise transfer rights to any information, software, products, Content and Services obtained from tbis Website. The Content and Services may not be distributed, transferred, leased, assigned, or sublicensed, in whole or in part. You warrant that You will not use or redistribute the Content and Services for such purposes. You shall have no right to use the Content and Services for productive or commercial use. Prohibited Uses: As a condition of your use of this Website, you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this Website in any manner that could damage, disable, overburden, or impair any Servertec server, or the network(s) connected to any Servertec server, or interfere with any other party's use and enjoyment of this Website. You may not attempt to gain unauthorized access to this Website, other accounts, computer systems or networks connected to any Servertec server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website. Member Account, Password and Security: If any of the Services available through this Website require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also have to choose a password and a user name or Server can assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Servertec immediately of any unauthorized use of your account or any other breach of security. Servertec will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Servertec or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Content Submitted to Servertec: Servertec does not claim ownership of the Content You provide to Servertec (including feedback and suggestions) or post, upload, input or submit to this Website or its associated Websites for review by the general public, or by the members of any public or private community, ("Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Servertec, its affiliated companies and necessary sublicensees permission to use royalty free your Submission in connection with the operation of their Internet businesses (including, without limitation, all Servertec Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of this Website. No compensation will be paid with respect to the use of your Submission, as provided herein. Servertec is under no obligation to post or use any Submission you may provide and Servertec may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. SERVERTEC OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS OF ANY KIND, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS, SERVICES OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SERVERTEC'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SERVERTEC. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SERVERTEC OR ANYONE AT SERVERTEC. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SERVERTEC MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. Support: Servertec is under no obligation to support the Content and Services available on this Website or to provide You with updates or error corrections ("Updates"). If Servertec at its sole option, supplies Updates, the Updates are governed by the terms of the end user license agreement, if any, which accompanies or is included with the Updates or these Terms Of Use if no end user license agreement accompanies or is included with the Updates. High Risk Activities: The Content and Services available at this Website is not fault-tolerant and is not designed, manufactured or intended for use in on-line control equipment in hazardous environments requiring fail-safe performance, such as in the design, construction, operation or maintenance of any aircraft, air traffic, aircraft navigation, aircraft communications, nuclear facilities, direct or indirect life support machines, or weapons systems. Servertec and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. You warrant that it will not use or redistribute the Content and Services for such purposes. Links To Third Party Websites: SOME LINKS CONTAINED IN SERVERTEC'S WEBSTIRE WILL LET YOU LEAVE SERVERTEC'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SERVERTEC AND SERVERTEC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SERVERTEC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SERVERTEC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SERVERTEC OF THE SITE. Privacy Statement: See the Privacy Statement disclosures relating to the collection and use of your information. Trademarks and Logos: This Website does not authorize You to use any Servertec name, trademark, or logo. Servertec Internet Server, Servertec Persistent Object Store, Servertec Founcation Classes, Servertec iPP, Servertec iMake, Servertec iScript, Servertec File Upload Class Package and/or other Servertec products referenced herein are either registered trademarks or trademarks of Servertec in the U.S. and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. You agree (i) to comply with the Servertec Trademark Guidelines at Trademarks, (ii) to not to do anything harmful to or inconsistent with Servertec's rights its trademarks and (iii) to assist Servertec in protecting those rights, including assigning to Servertec any rights acquired by You in any Servertec trademark. Notices And Procedure For Making Claims Of Copyright Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Servertec at: legal@servertec.com. Disclaimer Of Warranty: THE CONTENT AND SERVICES FOUND ON THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT A WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTANT AND SERVICES IS BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT SERVERTEC ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION. Limitation Of Liability: SERVERTEC SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOUR OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING THE CONTENT AND SERVICES FOUND ON THIS WEBSITE. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL SERVERTEC BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, TORT, CONTRACT, OR OTHERWISE, ARISING OUT OF THE USE OF, MISUSE OF OR INABILITY TO USE THE CONTENT AND SERVICES FOUND ON THIS WEBSITE, EVEN IF SERVERTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THIS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT ARE BY JURISDICTION. Termination: Servertec reserves the right to terminate your access to any or all of this Website at any time, without notice, for any reason whatsoever. Upon such termination, You must not attempt to access this Website and You must immediately destroy all copies of Content and Services obtained from this Website. Export Regulations: The Content and Services available from this Website are subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Content. Content may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. Restricted Rights: Any Software which is downloaded from this Website 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 United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable. Governing Law: Any action related to the Terms will be governed by New Jersey law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. Severability: IF ANY OF THE ABOVE PROVISIONS ARE HELD TO BE IN VIOLATION OF APPLICABLE LAW, VOID, OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH PROVISIONS ARE HEREWITH WAIVED OR AMENDED TO THE EXTENT NECESSARY FOR THE TERMS TO BE OTHERWISE ENFORCEABLE IN SUCH JURISDICTION. HOWEVER, IF IN SERVERTEC'S OPINION DELETION OR AMENDMENT OF ANY PROVISIONS OF THE TERMS BY OPERATION OF THIS PARAGRAPH UNREASONABLY COMPROMISES THE RIGHTS OR INCREASE THE LIABILITIES OF SERVERTEC, SERVERTEC RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO ANY OR ALL OF THIS WEBSITE AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON WHATSOEVER. UPON SUCH TERMINATION, YOU MUST DESTROY ALL COPIES OF ANY CONTENT AND SERVICES THAT YOU HAVE OBTAINED FROM THIS WEBSITE. Breach Of Agreement: It is understood and agreed that, notwithstanding any other provision of the Terms Of Use, If You breach of any of the provisions of the Terms will cause Servertec irreparable damage for which recovery of money damages would be inadequate, and that Servertec will therefore be entitled to seek timely injunctive relief to protect Servertec's rights under the Terms in addition to any and all remedies available at law. Miscellaneous: The Terms Of Use is the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification to the Terms will be binding, unless in writing and signed by an authorized representative of each party. Any rights not expressly granted herein are reserved. Should you have any questions concerning the Terms Of Use, or if you desire to contact Servertec for any reason, please write: Servertec, 18 Oakwood Avenue, Kearny, NJ, 07032 or e-mail: legal@servertec.com.
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