Caligare - Terms Of Use
ACCEPTANCE OF TERMS.
The services that Caligare provides to you are subject to the following
Terms of Use ("TOU"). Caligare reserves the right to update the TOU at any
time without notice to you. The most current version of the TOU can be
reviewed by clicking on the "Terms of Use" hypertext link located at the
bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Caligare provides you with access to a
variety of resources, including download areas, communication forums and
product information (collectively "Services"). The Services, including any
updates, enhancements, new features, and/or the addition of any new Web properties,
are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection and use of your
information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software")
is the copyrighted work of Caligare 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 to the License Agreement. 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. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Caligare CORPORATION
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.
FOR YOUR CONVENIENCE, CALIGARE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN
ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. CALIGARE
DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES OR IN Caligare SOFTWARE PRODUCTS.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs)
from the Services 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 the Services 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 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 caligare.com Web site
or any other Caligare owned, operated, licensed or controlled site. Elements of Caligare
Web sites 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 Caligare Web site may be copied or retransmitted unless expressly permitted by Caligare.
CALIGARE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CALIGARE
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 CALIGARE 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 THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Caligare 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.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE
ON THIS WEB SITE.
IN NO EVENT SHALL CALIGARE 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 THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires 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 also will
choose a password and a user name. 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 Caligare immediately of any unauthorized use of your account or any
other breach of security. Caligare 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
Caligare 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.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden,
or impair any Caligare server, or the network(s) connected to any Caligare server,
or interfere with any other party's use and enjoyment of any Services. You may not
attempt to gain unauthorized access to any Services, other accounts, computer systems
or networks connected to any Caligare 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 the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat areas, news groups,
forums, communities and/or other message or communication facilities designed to enable
you to communicate with others (each a "Communication Service" and collectively
"Communication Services"). You agree to use the Communication Services only to post,
send and receive messages and material that are proper and, when applicable, related
to the particular Communication Service. By way of example, and not as a limitation,
you agree that when using the Communication Services, you will not:
Use the Communication 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.
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 the Services 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 Communication Services specifically allows such messages.
Download any file posted by another user of a Communication 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 management 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 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.
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 the Services or other user or usage
information or any portion thereof.
Caligare has no obligation to monitor the Communication Services. However,
Caligare reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. Caligare reserves
the right to terminate your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever.
Caligare reserves the right at all times to disclose any information as
Caligare 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 Caligare's sole discretion.
Always use caution when giving out any personally identifiable information about
yourself or your children in any Communication Services. Caligare does not
control or endorse the content, messages or information found in any
Communication Services and, therefore, Caligare specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers and hosts are
not authorized Caligare spokespersons, and their views do not necessarily
reflect those of Caligare.
Materials uploaded to the Communication 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.
MATERIALS PROVIDED TO CALIGARE OR POSTED AT ANY CALIGARE
WEB SITE.
Caligare does not claim ownership of the materials you provide to Caligare
(including feedback and suggestions) or post, upload, input or submit to any
Services or its associated services for review by the general public, or by the
members of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are granting Caligare,
its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
(including, without limitation, all Caligare 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 the Services.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Caligare is under no obligation to post or use any Submission
you may provide and Caligare 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.
In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent that (a) you
are the copyright owner of such Images, or that the copyright owner of such
Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of your
use and as otherwise permitted by these Terms of Use and the Services, (b) you
have the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, you are
granting (a) to all members of your private community (for each such Images
available to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than a
private community), permission to use your Images in connection with the use, as
permitted by these Terms of Use, of any of the Services, (including, by way of
example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Images without having your
name attached to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding sentences for a
Images will terminate at the time you completely remove such Images from the
Services, provided that, such termination shall not affect any licenses granted
in connection with such Images prior to the time you completely remove such
Images. No compensation will be paid with respect to the use of your Images.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE CALIGARE'S SITE. THE LINKED SITES ARE
NOT UNDER THE CONTROL OF CALIGARE AND CALIGARE 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. CALIGARE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM
OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CALIGARE IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
CALIGARE OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
CALIGARE OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS 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 CALIGARE'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO CALIGARE. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO CALIGARE
OR ANYONE AT CALIGARE. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND
MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT CALIGARE MAKES NO ASSURANCES
THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE.
Copyright 2004 Caligare, Prague, Czech Republic. All rights reserved.
Any rights not expressly granted herein are reserved.
Send your questions to caligare@caligare.com
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