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Terms of UseThis document was last updated March 7th, 2005 § 1 Acceptance of the Terms The Services that Xetrion provides to you are subject to the following Terms of Use ("TOU"). By using our Services you fully agree with these terms. If you have any questions about the terms, you should contact us (see section § 16 Contact Information). If you do not fully agree with these terms you should not use our Services. § 2 Description of Services Through its web pages Xetrion provides you with product, support, company information and downloads, collectively called "Services". The Services, including any updates, enhancements and any other new Services, are subject to the TOU. § 3 Changes to the Terms of Use Xetrion reserves the right to update the TOU at any time without notice to you. The most current version of the TOU is available by clicking on the "Terms of Use" hypertext link at our web site. Whenever we change the Terms of Use, we will update the "last updated" date at the top of the terms and, to make it easier for you to notice any changes of the terms. § 4 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. § 5 Privacy and Protection of Personal Information Our company is committed to protect your privacy. For information about privacy and protection of personal information see Privacy Statement on our web site. § 6 Software Available on this Web Site Any software that can be downloaded from the Services (called "Software") is the copyrighted work of Xetrion and/or its suppliers. Any use of the Software is governed by the terms of the end user license agreement (EULA) (if any), which comes with the Software. The EULA is available on our web site and should be read before downloading and using any piece of software. As end user you have to read the EULA first. You should download the Software only if you fully agree to EULA terms. If you download the software, the downloaded software includes the EULA as provided on our web site at the time you download the software. Any changes of the EULA will not be valid for software downloaded in the past. Each version of EULA is only valid for the software it is delivered with. Any use, reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. § 7 Documents Available on this Web Site Permission to use Documents (such as documentation, press releases, datasheets and frequently asked questions (FAQs)) from the Services is granted, provided that:
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 Xetrion web site design or layout. § 8 Web Site Design Any elements of Xetrion's web site are copyrighted work of Xetrion and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from Xetrion's web site may be copied or retransmitted unless expressly permitted by Xetrion. § 9 Disclaimer of Warranty Xetrion and/or its respective suppliers make no representations about the suitability of the information provided in the documents and related graphics published as part of the Services. All such documents and graphics are provided "as is" and without warranty of any kind. Xetrion and/or its respective suppliers hereby disclaim all warranties with regard to this information, including all warranties and conditions of merchantability (whether expressed, implied or statutory, fitness for particular purpose, title and non-infringement). § 10 Limitation of Liability In no event shall Xetrion and/or its respective suppliers be liable for any special, indirect or consequential damages whatever resulting from loss of use, data or profit, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with use or performance of information available form this Services. The information provided on this web site may include technical inaccuracies or typographical errors. Changes may be made to the information provided. Xetrion and/or its respective suppliers may make changes and/or improvements in the products or information at any time without notice to you. § 11 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 Xetrion server, or the network(s) connected to any Xetrion 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 Xetrion 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. § 12 Links to Third Party Sites Links provided on our web site may let you leave Xetrion's web site. The linked sites are not under control of Xetrion. Xetrion is not responsible for the content of any linked site or any link provided on a linked site. Content of a linked site means the complete content and Services provided, including e.g. information given, images, software, links etc. and changes of such content. Xetrion is providing such links only as a convenience. That does not imply endorsement by Xetrion of the site. § 13 Unsolicited Idea Submission Xetrion does not accept or consider any unsolicited ideas (including ideas for new products, processes, technologies, marketing or advertising plans, product names). Sending any creative, original work, samples, demos or any other work is on your own risk. Therefore please do not send any unsolicited work or ideas. If you want to make any suggestions please contact us with an inquiry about your concern before sending any material. This is to avoid potential misunderstanding. If you, despite of the request, still send any material, you agree that Xetrion is not able to guarantee that the material we be treated as confidential or proprietary. § 14 Copyright Notice The web site is copyrighted © 2005 by Xetrion Software GmbH, Urnenfeldweg 1, D-01109 Dresden, Germany. All rights reserved. § 15 Trademarks Xetrion Lock Manager, Xetrion Counter Manager and/or any other Xetrion products referenced herein are either copyrighted by Xetrion Software GmbH. Lotus® and Notes® are registered trademarks of Lotus Development Corporation and/or IBM Corporation. Lotus Domino TM is a trademark of Lotus Development Corporation and/or IBM Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any example companies, organizations, products, domain names, e-mail addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved. § 16 Contact Information Xetrion welcomes your comments and questions regarding these TOU. Please contact us by e-mail, or postal mail. Xetrion Software GmbH e-Mail: contact@xetrion.com Xetrion Software GmbH March 7th, 2005 |
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