AGREEMENT BETWEEN USER AND INCLUDE SOFTWARE CORPORATION
The Include Software Corporation Web Site is
comprised of various Web pages operated by Include Software Corporation.
The Include Software Corporation Web Site is offered to you conditioned
on your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the Include Software Corporation Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Include Software Corporation reserves the right to change the terms,
conditions, and notices under which the Include Software Corporation Web
Site is offered, including but not limited to the charges associated with
the use of the Include Software Corporation Web Site.
LINKS TO THIRD PARTY SITES
The Include Software Corporation Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the control of Include
Software Corporation and Include Software Corporation is not responsible for
the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Include Software
Corporation is not responsible for webcasting or any other form of transmission
received from any Linked Site. Include Software Corporation is providing these
links to you only as a convenience, and the inclusion of any link does not imply
endorsement by Include Software Corporation of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Include Software Corporation Web Site, you warrant
to Include Software Corporation that you will not use the Include Software Corporation
Web Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Include Software Corporation Web Site in any manner
which could damage, disable, overburden, or impair the Include Software Corporation
Web Site or interfere with any other party's use and enjoyment of the Include Software
Corporation Web Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Include Software
Corporation Web Sites.
USE OF COMMUNICATION SERVICES
The Include Software Corporation Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public at large
or with a group (collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper and related to
the particular Communication Service. By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any 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 Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Include Software Corporation has no obligation to monitor the Communication Services.
However, Include Software Corporation reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion. Include Software
Corporation reserves the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
Include Software Corporation reserves the right at all times to disclose
any information as 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 Include Software Corporation's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Include Software
Corporation does not control or endorse the content, messages or information found
in any Communication Service and, therefore, Include Software Corporation specifically
disclaims any liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are not
authorized Include Software Corporation spokespersons, and their views do not
necessarily reflect those of Include Software Corporation.
Materials uploaded to a Communication Service 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.
MATERIALS PROVIDED TO Include Software Corporation OR
POSTED AT ANY Include Software Corporation WEB SITE
Include Software Corporation does not claim ownership of the materials
you provide to Include Software Corporation (including feedback and suggestions)
or post, upload, input or submit to any Include Software Corporation Web Site or
its associated services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting Include Software
Corporation, its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. Include Software Corporation is under no obligation to
post or use any Submission you may provide and may remove any Submission at
any time in Include Software Corporation's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the rights
to your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE INCLUDE SOFTWARE CORPORATION WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. INCLUDE SOFTWARE CORPORATION AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Include Software
Corporation WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Include Software
Corporation WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
INCLUDE SOFTWARE CORPORATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE INCLUDE SOFTWARE CORPORATION WEB SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. INCLUDE SOFTWARE CORPORATION AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Include Software
Corporation AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE INCLUDE SOFTWARE CORPORATION WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE INCLUDE SOFTWARE CORPORATION WEB SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE INCLUDE SOFTWARE CORPORATION WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE INCLUDE SOFTWARE CORPORATION WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF INCLUDE SOFTWARE CORPORATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Include Software
Corporation WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE INCLUDE SOFTWARE CORPORATION WEB SITE.
SERVICE CONTACT :
clientcare@include.com.
TERMINATION/ACCESS RESTRICTION
Include Software Corporation reserves the right, in its sole discretion,
to terminate your access to the Include Software Corporation Web Site and the
related services or any portion thereof at any time, without notice. GENERAL To the
maximum extent permitted by law, this agreement is governed by the laws of the State
of Maryland, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of
courts in Anne Arundel County, Maryland, U.S.A. in all disputes arising out of or
relating to the use of the Include Software Corporation Web Site.
Use of the Include Software Corporation Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and Include Software Corporation as a result of this agreement or use of the
Include Software Corporation Web Site. Include Software Corporation's performance
of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Include Software Corporation's right to comply
with governmental, court and law enforcement requests or requirements relating to your
use of the Include Software Corporation Web Site or information provided to or gathered by
Include Software Corporation with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Include Software Corporation with
respect to the Include Software Corporation Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written,
between the user and Include Software Corporation with respect to the
Include Software Corporation Web Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Include Software Corporation Web Site are:
Copyright 2007 Include Software Corporation and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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 under United States copyright law should be
sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.