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Welcome, please review the following terms, conditions and legal notices concerning your use of our web site. By accessing, using or downloading any materials from the web site, you agree to follow and be bound by these terms, conditions and legal notices (the “Terms”). If you do not agree with these Terms, please do not use our web site.
GENERAL USE PROVISIONS
All materials provided on this web site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (”Materials”), are provided by Skyline's DirectFED, and are the copyrighted work of Skyline's DirectFED. 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 other means, without our prior express written permission. Also, you may not “mirror” any Materials contained on our web sites without our express written permission.
Except where expressly provided otherwise nothing on our web sites shall be construed to confer any license, offer for license or sale under any of our intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part and as such, we make no warranty with respect to its contents. We do not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by us.
We hereby grant you permission to display, copy, distribute and download Materials on our web sites. We ask that the copyright notice identified below appear in the Materials. The Materials may not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from our web sites (”Software”) are the copyrighted work of Skyline's DirectFED Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (”License Agreement”). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. 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.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, SKYLINE DATA, INC., HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
RESTRICTED RIGHTS LEGEND
Any Software which is downloaded from this Server 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 U.S. Government is subject to restrictions as set forth in subparagraph (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Skyline's DirectFED 2301 West Sample Road, Building 5, Suite 7C, Pompano Beach, Florida 33073.
SUBMISSIONS
Except where expressly provided otherwise, all comments, feedback, information or materials submitted to our web sites (”Submissions”) shall be considered non-confidential and shall become our property. By providing such Submissions you agree to assign to Skyline's DirectFED, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. We shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not no us, has full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE MATERIALS ON THE WEB SITE ARE PROVIDED “AS IS” AND WE DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO GUARANTIES, REPRESENTATIONS, WARRANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
WE 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 WE 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 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 WEB SITE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST US FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD US HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
LOCAL LAWS; EXPORT CONTROL
Skyline's DirectFED, controls and operates this Web Site from its headquarters in various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use our web site from other locations, you are responsible for compliance 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 of America. 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 therefrom, 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 us, 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 may include inaccuracies or typographical errors. We may make improvements and/or changes in the products, services, programs, and prices described in our web sites at any time without notice. We may periodically make changes to our web site. Any action related to these Terms will be governed by Florida law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of our web sites and prevail over any prior or contemporaneous, conflicting or additional, communications. We have the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Skyline's DirectFED.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from our web sites may be copied or retransmitted unless expressly permitted by us.
Skyline's DirectFED, any logos, DirectFed and related names, symbols and other product names referenced herein are registered trademarks or trademarks of Skyline Data, Inc. in the United States and other jurisdictions. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners. |
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