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This web site is provided for your information. Please browse it and make
use of its various features, but please be aware that your use of the
web site is subject to the following terms and conditions. If you do not
agree to these terms and conditions, please do not use this web site.
1. Ownership and Operation
This web site belongs to Coviant Software Corporation, 60 Thoreau Street,
Suite 275, Concord, MA 01742, US. Coviant Software may, in its sole
discretion and at any time, modify or discontinue this web site or specific
portions of it. Your use of this web site constitutes your agreement with
Coviant Software to be bound by, and to act in accordance with, these
Terms of Use.
2. Continuing Agreement
We may change or revise these Terms of Use from time to time by updating
this posting, so please visit this area each time you visit the web site
to keep up to date with the current terms regarding your use of the web
site. Your use of the web site reaffirms your continuing agreement to
the then-current Terms of Use.
3. Use of Site Materials
Coviant Software owns the copyright for all of the material on the web
site or has a valid right from a third party to use material on the web
site. No part of the web site may be copied, reproduced, republished,
uploaded, posted, transmitted, mirrored, or distributed in any way, except
that you may download one copy of the materials on any single computer
for your personal, non-commercial use, provided you keep intact all copyright,
trademark and other proprietary notices on the materials.
4. Downloaded Software
If you download software from this web site, the software and all files,
images and data relating to the software will be licensed to you by Coviant
Software under terms stated at the time of download. You do not own the
downloaded software, and Coviant Software does not transfer ownership
of the Software to you. Coviant Software retains full ownership of and
title to the downloaded software and all intellectual property rights
related to the software. You may not redistribute, sell, decompile, reverse
engineer, disassemble, or otherwise reduce the software to a human-perceivable
form. Software that is downloaded from this web site is subject to United
States export control laws. If you download software from this web site,
you represent and warrant to Coviant Software that you are not acting
in violation of those laws.
5. Submissions
All comments, suggestions, graphics, ideas (including product and advertising
ideas), and other information or materials you submit to Coviant Software
through this web site will become and remain the exclusive property of
Coviant Software, including any future rights associated with such submissions,
even if these Terms of Use are later modified or terminated. This means
that you disclaim any proprietary rights in such submissions, and you
acknowledge Coviant Software unrestricted right to use them (or materials
or ideas similar to them) in any medium, now and in the future, without
notice, compensation or other obligation to you or any other person.
6. Links to Other Sites
For your convenience, this web site may provide links to other web sites
on the World Wide Web that are not operated by Coviant Software. These
links do not mean that Coviant Software endorses, approves or sponsors
any information available at the linked site or any products that may
be sold there, nor is Coviant Software liable for any damage that might
result from your use of such information or products.
7. Contents of the Web Site - Disclaimer
The materials in this web site (including any graphics, software, recommendations
or other materials) and any materials made available through this web
site are provided "as is" and without warranties of any kind,
either express or implied. To the fullest extent permissible pursuant
to applicable law, Coviant Software disclaims all warranties, express
or implied, including, but not limited to, all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement. Coviant
Software does not warrant or make any representations regarding the use
or the results of the use of the materials in this web site in terms of
their correctness, accuracy, reliability, or otherwise.
8. Operation of the Web Site - Disclaimer
Coviant Software endeavors to maintain this web site and its operation,
but is not, and cannot be, responsible for the results of any defects
that may exist in the web site or its operation. As to the operation of
the web site, Coviant Software expressly disclaims all warranties of any
kind, whether express or implied, including, but not limited to all implied
warranties of merchantability or fitness for a particular purpose, title
and non-infringement. Coviant Software makes no warranty that (i) the
operation of the web site will meet the user’s requirements; (ii)
access to the web site will be uninterrupted, timely, secure, free of
viruses, worms, trojan horses or other harmful components, or free of
defects or errors; (iii) the results that may be obtained from the use
of the web site will be accurate or reliable; or (iv) defects will be
corrected. You (and not Coviant Software) assume the entire cost of all
servicing, repair, or correction that may be necessary for your computer
equipment and software as a result of any viruses, errors or any other
problems whatsoever you may have as a result of visiting this web site.
9. Limitation of Liability
Under no circumstances shall Coviant Software be liable for any damages
or injury, including any direct, special, incidental, consequential, punitive
or other damages, that may result from the use of, or the inability to
use, the web site or any materials in this site, whether in an action
of contract, negligence or other tortious action, arising out of or in
connection with the use or performance of the web site or information
available in the web site. These include but are not limited to damages
or injury caused by error, omission, interruption, defect, failure of
performance, delay in operation or transmission, line failure or computer
virus, worm, Trojan horse or other harmful component. In no event shall
Coviant Software total liability to you for damages, losses, and causes
of action (whether in contract, tort (including, but not limited to, negligence,
or otherwise) exceed the amount paid by you, if any, for accessing this
site.
10.
Applicable Law; Jurisdiction
The laws of the Commonwealth of Massachusetts will govern these Terms
of Use and any disputes arising under or related to these Terms of Use.
11. Severability
If any provision of these Terms of Use shall be found to be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the validity
and enforceability of any remaining provisions.
12. No Waiver
No failure on the part of Coviant Software to enforce any part of these
Terms of Use shall constitute a waiver of any of Coviant Software rights
under these Terms of Use whether for past or future actions on the part
of any person. Only a specific, written waiver signed by an authorized
representative of Coviant Software shall have any legal effect whatsoever.
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