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| Terms of Use |
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| ACCEPTANCE OF TERMS |
| The services that DG2L Technologies provides
to you are subject to the following Terms of Use ("TOU").
DG2L Technologies 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. |
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| DESCRIPTION OF SERVICES |
| DG2L Technologies provides you with access
to a variety of resources, including developer tools,
download areas, communication forums and product information
(collectively "Services"). The Services, including
any updates, enhancements, and/or new features are subject
to the TOU. |
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| PRIVACY AND PROTECTION OF PERSONAL INFORMATION |
| See the DG2L Technologies Privacy Statement
disclosures relating to the collection and use of your
information. |
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| USE OF SOFTWARE |
| The software and accompanying documentation
that is made available to download from this Site is the
copyrighted and/or patented work of DG2L Technologies
and/or its suppliers. Use of the software is governed
by the terms of the license agreement that accompanies
or is included with such software. You will not be able
to download or install any software that is accompanied
by or includes a license agreement unless you agree to
the terms of such license agreement. If you do not agree
to such terms, you will not be able to use the software.
Absent a license agreement that accompanies the software,
use of the software will be governed by the Terms of Use.
You agree that you will not decompile, reverse engineer,
or otherwise attempt to discover the source code of the
software available on the Site. |
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| WARRANTIES AND DISCLAIMERS |
Except as expressly provided
otherwise in a written agreement between you and DG2L
Technologies or you and a third party with respect to
such party's materials or services, this site, and all
materials and services accessible through this site
are provided "as is" without warranty of any
kind, either express or implied, including, but not
limited to, the implied warranties of merchantability
or fitness for a particular purpose, or the warranty
of non-infringement. Without limiting the foregoing,
DG2L Technologies makes no warranty that (i) the services
and materials will meet your requirements; (ii) the
services and materials will be uninterrupted, timely,
secure, or error-free; (iii) the results that may be
obtained from the use of the services or materials will
be effective, accurate, or reliable; (iv) the quality
of any products, services, or materials purchased or
accessible by you through the site will meet your expectations;
and (v) any errors in the software obtained from or
used through the site, or any defects in the site, its
services or materials, will be corrected.
This site could include technical or other mistakes,
inaccuracies, or typographical errors. Dg2l Technologies
may make changes to the materials and services at this
site, including the prices and descriptions of any products
listed herein, at any time without notice. The materials
or services at this site may be out of date, and DG2L
Technologies makes no commitment to update such materials
or services.
You understand and acknowledge that (i) DG2L Technologies
does not control, endorse, or accept responsibility
for any content, products, or services offered by third
parties through the site, including, without limitation,
third party vendors and third parties accessible through
links on the site; (ii) DG2L Technologies makes no representation
or warranties whatsoever about any such third parties,
their content, products, or services; (iii) any dealings
you may have with such third parties are at your own
risk; and (iv) DG2L Technologies shall not be liable
or responsible for any content, products, or services
offered by third parties.
The use of the services or the downloading or other
use of any materials through the site is done at your
own discretion and risk and with your agreement that
you will be solely responsible for any damage to your
computer system, loss of data, or other harm that results
from such activities. Dg2l Technologies assumes no liability
for any computer virus or other similar software code
that is downloaded to your computer from the site or
in connection with any services or materials offered
through the site. No advice or information, whether
oral or written, obtained by you from DG2L Technologies
or through or from the site shall create any warranty
not expressly stated in the terms of use.
Some states or jurisdictions do not allow the exclusion
of implied warranties or limitations on how long an
implied warranty may last, so the above limitations
may not apply to you. To the extent permissible, any
implied warranties are limited to ninety (90) days.
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| USE OF DG2L Technologies CONTENT AND
USER CONTENT |
Except as indicated
to the contrary elsewhere on this Site, you may view,
download, and print the DG2L Technologies Content and
User Content available on this Site subject to the following
conditions:
1. The DG2L Technologies Content and User Content may
be used solely for personal, informational, and internal
purposes.
2. The DG2L Technologies Content and User Content may
not be modified or altered in any way.
3. The DG2L Technologies Content and User Content on the
Site may not be distributed or sold, rented, leased, or
licensed to others.
4. You may not remove any copyright or other proprietary
notices contained in the DG2L Technologies Content and
User Content.
5. DG2L Technologies reserves the right to revoke the
authorization to view, download, and print the DG2L Technologies
Content and User Content available on this Site at any
time, and any such use shall be discontinued immediately
upon notice from DG2L Technologies.
6. The rights granted to you constitute a license and
not a transfer of title. |
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| 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. Distribution 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 DG2L Technologies.com Web site. Elements
of DG2L Technologies 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 DG2L Technologies
Web site may be copied or retransmitted unless expressly
permitted by DG2L Technologies.
Dg2l Technologies makes 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. Dg2l Technologies
disclaims 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 DG2L Technologies 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. Dg2l Technologies 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. |
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| USE AND PROTECTION OF ACCOUNT NUMBER
AND PASSWORD |
| You are responsible for maintaining the
confidentiality of your account number, account name,
and/or password, if applicable. You are responsible for
damages resulting from all uses of your account number,
account name, and/or password, whether actually or expressly
authorized by you, unless access to your account number,
account name, and/or password was obtained through no
fault or negligence of your own. |
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| 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 DG2L
Technologies server, or the network(s) connected to any
DG2L Technologies 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
DG2L Technologies 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. |
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| LINKS TO THIRD PARTY SITES |
| The links in this area will let you leave
DG2L Technologies's site. The linked sites are not under
the control of DG2L Technologies and DG2L Technologies
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. Dg2l Technologies is not responsible
for webcasting or any other form of transmission received
from any linked site. Dg2l Technologies is providing these
links to you only as a convenience, and the inclusion
of any link does not imply endorsement by DG2L Technologies
of the site. |
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| USER FEEDBACK AND IMPROPER TRANSMISSIONS |
Except
for Posted Information or personal information, if you
transmit to or otherwise provide to DG2L Technologies
any feedback (such as questions, comments, suggestions,
or the like) or data or materials (“User Feedback”),
such User Feedback shall be deemed to be non-confidential
and non-proprietary. DG2L Technologies shall have no obligation
of any kind with respect to such User Feedback and shall
be free to reproduce, use, disclose, modify, display and
distribute the User Feedback to others without limitation.
By transmitting such User Feedback to DG2L Technologies,
you are deemed to grant to DG2L Technologies and affiliates,
a perpetual, worldwide, royalty-free, irrevocable, non-exclusive
license (with rights to sublicense) to use any ideas,
concepts, know-how or techniques contained in such User
Feedback for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products
incorporating such User Feedback.
You are prohibited from posting or transmitting to the
DG2L Technologies site any unsolicited chain letters or
“spam”, or any threatening, harassing, libelous,
false, defamatory, offensive, obscene, or pornographic
material, or other material that would violate any applicable
law or regulation, including but not limited to any federal
or state laws or regulations governing equal employment
opportunities. However, if such communications do occur,
DG2L Technologies will have no liability related to the
content of any such communications.
Except where such information qualifies as Posted Information,
you may not post or transmit to the Site any advertising,
surveys, promotional materials, contests, or any other
commercial or non-commercial solicitations.
DG2L Technologies may, but is not obligated to, review
or monitor areas on the Site where users may transmit
or post communications, including discussion groups, bulletin
boards, chat rooms, and user forums. DG2L Technologies
is not responsible for the accuracy of any Posted Information,
including but not limited to information, data, opinions,
advice, or statements transmitted or posted in discussion
groups, bulletin boards, chat rooms, and user forums.
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| USER FORUMS |
| In addition to these Terms of Use, users
of the DG2L Technologies User to User Forums must agree
to a separate legal agreement located within the Forums
registration area of the Site. Your access to the User
to User Forums will be denied for violation of either
the Terms of Use or the agreement located within the Forums
registration area of the Site. |
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| INTERNATIONAL INFORMATION |
| The Site may provide access to international
data about DG2L Technologies and therefore, may contain
references or cross references to products, programs,
and services that are not available in your country. Such
references do not imply that DG2L Technologies intends
to make available such products, programs or services
in your country. |
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| INDEMNITY AND LIABILITY |
| You agree to indemnify and hold DG2L
Technologies, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising
out of content you submit, post to, or transmit through
the Site (including, without limitation, any User Content,
Design Content or computer viruses), your use of the Site,
your connection to the Site, your violation of the Terms
of Use, the actions of any member of your Work Group,
or your violation of any rights of another person or entity. |
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| DELETION AND LOCKOUT |
| Failure to adhere to any of these Terms
of Use may result in messages and/or Posted Information
being blocked, deleted from the Site and possible lockout.
DG2L Technologies also reserves the right to take any
actions it deems necessary or appropriate to protect the
Site and its content. |
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| GOVERNING LAW AND JURISDICTION |
| This Site (excluding linked sites) is
controlled by DG2L Technologies from its offices within
the state of California, United States of America. By
accessing this Site, you and DG2L Technologies agree that
all matters relating to your access to, or use of, this
Site shall be governed by the statutes and laws of the
State of California, without regard to the conflicts of
laws principles thereof. You and DG2L Technologies also
agree and hereby submit to the exclusive personal jurisdiction
and venue of the Superior Court of Alameda County and
the United States District Court for the Northern District
of California with respect to such matters. |
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| GENERAL |
| The Terms of Use and the other rules,
guidelines, licenses and disclaimers posted on the Site
constitute the entire agreement between DG2L Technologies
and you with respect to your use of the Site. If for any
reason a court of competent jurisdiction finds any provision
of the Terms of Use, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent
permissible so as to effect the intent of the parties
as reflected by that provision, and the remainder of the
Terms of Use shall continue in full force and effect.
Any failure by DG2L Technologies to enforce or exercise
any provision of the Terms of Use or related right shall
not constitute a waiver of that right or provision. The
section titles used in the Terms of Use are purely for
convenience and carry with them no legal or contractual
effect. |
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| COPYRIGHT NOTICE |
Copyright ©
2004 DG2L Technologies, Inc., 37600 Central Ct Ste 205,
Newark CA 94560 , U.S.A. All rights reserved.
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