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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