Legal Statement
These terms and conditions (the
"Terms") govern your use of this Electronic Business Solutions, Inc.
("EBS") Web site (the "Web site"). If you do not agree with these
Terms, please do not use this Web site. Please also review our Privacy
Policy.
General Use Restrictions
All information, documents, products,
software, and services (the "materials") provided on this Web site
were provided by or to EBS by their respective manufacturers,
authors, developers and vendors (the "Third Party Providers") and
are the copyrighted work of EBS and/or our 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
otherwise, without the prior express written permission of EBS or
the Third Party Provider. No part of this Web site, including logos,
graphics, sounds or images, may reproduced or retransmitted in any
way, or by any means, without the prior express written permission
of EBS or, in some cases, the Third Party Provider whom may own the
graphics or logos. You are not permitted to, without EBS's prior
express written permission, "mirror" any material contained on this
Web site on any other server.
Nothing on this Web site shall be
construed as conferring any license under any of EBS's or any Third
Party Provider's intellectual property rights, whether by estoppel,
implication, or otherwise. You acknowledge sole responsibility for
obtaining any such licenses.
Permission is granted to display, copy,
distribute and download EBS'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 or
broadcast in any media, and (3) no modifications of any of the
materials are made. This permission terminates automatically without
notice if you breach any of these terms or conditions. Upon
termination, you will immediately destroy any downloaded and printed
materials.
Any unauthorized use of any of the
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 has links that are
connected to other websites that are not under the control of nor
maintained by EBS. EBS is not responsible for the content of those
sites. These links are provided only as a convenience, and the
inclusion of any link to such sites does not imply endorsement by
EBS.
Submissions
Unless otherwise explicitly stated,
herein, or in our Privacy Policy, any materials provided by you in
connection with this Web site shall be deemed to be provided on a
non-proprietary and non-confidential basis. EBS shall have no
obligation of any kind with respect to such materials and shall be
free to use or disseminate such materials on an unrestricted basis
for any purpose. You acknowledge that you are responsible for the
materials that you submit, and you, not EBS, have full
responsibility for the materials, including their legality,
reliability, appropriateness, originality and copyright.
Disclaimer of Warranty
Unless otherwise explicitly stated, the
materials on the Web site are provided "as is", are experimental, are
for commercial use only, and all express or implied conditions,
representations and warranties, including any implied warranty of
merchantability, fitness for a particular purpose, or
non-infringement, are disclaimed, except to the extent that such
disclaimers are held to be legally invalid. EBS makes no
representations, warranties, or guaranties as to the quality,
suitability, truth, accuracy or completeness of any of the materials
contained on the Web site. Any questions regarding the materials
should be directed to the providers of such materials.
Software Use Restrictions
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 (the "license agreement"). An end
user will be unable to install any software that is accompanied by
or included a license agreement, unless the end user first agrees to
the terms of the license agreement. Except as set forth in the
applicable license agreement, any further copying, reproduction or
redistribution of the software is expressly prohibited.
Installation assistance, product
support and maintenance, if any, of the software are available from
EBS and/or the Third Party Providers, as the case may be.
Software is warranted, if at all, in
accordance with the terms of the license agreement. Except as set
forth in the license agreement, all express or implied conditions,
representations and warranties, including any implied warranty of
merchantability, fitness for a particular purpose, or
non-infringement, are disclaimed, except to the extent that such
disclaimers are held to be legally invalid.
Limitation of Liability
EBS 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 EBS 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 for breach or in tort, even if EBS has been
previously advised of the possibility of such damage.
You have sole responsibility for
adequate protection and backup of data and/or equipment used in
connection with the Web site and will not make a claim against EBS
for lost data, re-run time, inaccurate output, work delays or lost
profits resulting from the use of the materials.
You agree to hold EBS harmless from,
and you covenant not to sue EBS for, any claims based on using the
Web site.
Local Laws; Export Control
EBS controls and operates this Web site
from its headquarters in North Billerica, Massachusetts, in the
United States of America, and makes no representation that these
materials are appropriate or available for use in other locations.
Use this Web site in accordance 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.
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 there from, 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 EBS, 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.
General
This Web site could include inaccuracies
or typographical errors. EBS 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. Changes
are periodically made to the Web site.
Massachusetts law and controlling U.S.
federal law will govern any action related to these Terms. 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. EBS can revise these Terms at any time without
notice by updating this posting.
Trademarks
Electronic Business Solutions and all
EBS-based trademarks and logos, Ultra2, Galaxy, G1, G10, EBS
Marketing Communications, are registered trademarks of EBS Inc. in
the United States.
All SPARC, and UltrhtmARC trademarks
are used under license and are trademarks or registered trademarks
of SPARC International, Inc. in the United States and other
countries. For all trademark policies for Third Party suppliers,
please read their policy statements.
All Sun, Oracle and VERITAS products,
related logos and trademarks are used under license and are
trademarks or registered trademarks of Sun Microsystems, Oracle and
VERITAS respectively in the United States and other countries.
Copyright Notice
Copyright
1989-2004 by Electronic Business Solutions, Inc., One Executive Park
Drive, North Billerica, MA 01862, USA. All rights reserved.
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