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Terms of Use
This Internet Web Site is provided by Avanquest USA, LLC and
its affiliates (collectively "Avanquest"). Your use of
this Web Site is subject to the following terms and conditions.
If you do not agree to the terms stated below, please immediately
log off this web site.
Use of This Web Site
Avanquest maintains this Web site for your information and
education. Please feel free to browse the Web site. Without Avanquest's prior written permission, you may not reproduce, distribute,
modify, display, prepare derivative works based on, repost or otherwise
use the content of this Web site, except that you may download one
copy of the material in temporal storage on one computer for your
personal, non-commercial home viewing only, provided you do not
delete or change any copyright, trademark, or other proprietary
notices. Any unauthorized use of the images may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes. Except as expressly provided above, nothing
contained herein shall be construed as conferring any license or
right under any copyright or other intellectual property right.
If you are an owner of intellectual property who believes their
intellectual property has been improperly posted or distributed
via this Web Site, please notify Avanquest at the following
address: Avanquest, Two Waters Park Drive, Suite 150, San Mateo,
CA 94403, ATTN: Legal Department.
Use of Materials on this Web site
All characters, designs, text, photos, clip art, fonts, graphics,
electronic greetings, templates and projects offered through this
site (the "Properties") are either owned by or used under
license by Avanquest and are protected under trademark, copyright,
and other applicable laws. Any and all unauthorized use of the Properties
is strictly prohibited. You may not sell any Property or any item
containing or carrying a copy of any Property. Subject to the restrictions
described below, you may make copies of the Properties for use in
home entertainment and projects, for educational purposes, in advertisements,
public or private presentations, business communications, multimedia
presentations, and other similar uses.
All rights in derivative works created by the use of a Property
shall vest exclusively in Avanquest or its licensors.
Each authorized use of a Property must be accompanied by the following
notice: "© 2002 Avanquest and its licensors. All rights
reserved."
No other use of any characters, designs, text, photos, clip art,
fonts, graphics, electronic greetings, templates and projects contained
on any other Avanquest. web site is permitted.
Your Communications Through the Web Site
Avanquest likes to hear from you. However, in your communications
with Avanquest, please keep in mind that Avanquest does
not accept or consider any creative ideas or suggestions relating
to products or marketing plans unless it has specifically requested
them. Therefore, please do not send to Avanquest any creative
or original materials such as ideas for software products, web sites,
or other products, or any other creative suggestions, ideas, notes,
drawings, concepts or other information. Any communication or material
you transmit to or through the Web Site by electronic mail or otherwise,
including any personal data, questions or answers, comments, suggestions,
or the like is, and will be treated as, non-confidential and non-proprietary.
Furthermore, Avanquest shall be free to use any ideas, concepts,
know-how, or techniques contained in any communication you send
to the Web Site for any purpose whatsoever, including but not limited
to developing, manufacturing and marketing products using such information.
Disclaimer and Limited Liability
This Web Site, including materials accessed from or through it,
could include technical inaccuracies or other errors. Your use and
browsing of the Web Site are at your risk. Neither Avanquest
nor any other party involved in creating, producing, or delivering
the Web Site shall be liable for any direct, incidental, consequential,
indirect, or punitive damages arising out of your access to, or
use of, the Web Site. Avanquest does not warrant that the functional
aspects of the Web Site will be uninterrupted or error free or that
this Web Site or the server that makes it available are free of
viruses or other harmful components. Avanquest neither warrants
nor represents that your use of materials displayed on the Web Site
will not infringe rights of third parties not owned by or affiliated
with Avanquest. Without limiting the foregoing, everything on
the Web Site is provided to you "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusions may not apply
to you. Avanquest reserves the right to make changes to this
Web Site at any time without notice. Avanquest may cancel, change,
modify, discontinue, terminate or charge a fee at any time for any
reason for the online services or products available in conjunction
with this Web Site. IN NO EVENT WILL Avanquest OR ITS SUPPLIERS
OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC,
COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE THE WEB SITE, INCLUDING, WITHOUT
LIMITATION, DAMAGES OR RELATING TO THE LOSS OF PROFITS, BUSINESS,
GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Avanquest'S AND
ITS SUPPLIERS' AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY
YOU FOR THE SOFTWARE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING,
WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Links
Avanquest has not reviewed all of the sites linked to this
Web Site and is not responsible for the contents of any off-site
pages or any other sites linked to this Web Site. The inclusion
of any link to such sites does not imply endorsement by Avanquest of the sites. Your linking to any other off-site pages or other
sites is at your own risk.
General Provisions
Avanquest may revise these terms from time to time by updating
or revising this posting, with the revised terms taking effect as
of the date of its posting. Avanquest controls and operates
this Web Site from its offices in San Mateo, California, United
States of America and makes no representation that these materials
are appropriate or available for use in other locations. If you
use this Web Site from other locations you are responsible for compliance
with applicable local laws. Avanquest products are available
in many parts of the world. However, this Web Site may describe
products that are not available worldwide. If any portion of these
terms is held to be unenforceable, the unenforceable portion shall
be construed in accordance with applicable law to the greatest extent
possible and the remainder of the provisions shall remain in full
force and effect. Any cause of action you may have with respect
to this Web Site must be commenced within one year after the claim
or cause of action arises or such claim or cause of action is barred.
These terms will be governed by and construed in accordance with
the laws of the State of California, United States of America without
regard to its conflicts of law provisions. Any legal action arising
from your use of this Web Site shall take place in a court located
in San Mateo, California. By your use of this Web Site you consent
to the personal jurisdiction of such courts.
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