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, Virtual Wave
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, Virtual Wave MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Virtual
Wave 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
Virtual Wave SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is
downloaded from the Services 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 (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48
CFR 52.227-19, as applicable. Manufacturer is Virtual
Wave Corporation, One Virtual Wave Way, Redmond, WA
98052-6399.
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 K-12,
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 Virtual Wave.com Web site or any other
Virtual Wave owned, operated, licensed or controlled
site. Elements of Virtual Wave 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 Virtual
Wave Web site may be copied or retransmitted unless
expressly permitted by Virtual Wave.
Virtual Wave 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. Virtual Wave 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 Virtual Wave 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 TORTUOUS 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. Virtual Wave 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 Virtual Wave 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 Virtual Wave
immediately of any unauthorized use of your account or
any other breach of security. Virtual Wave 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 Virtual Wave 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 Virtual Wave
server, or the network(s) connected to any Virtual Wave
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 Virtual
Wave 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,
personal web pages, calendars, photo albums, file
cabinets 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.
Virtual Wave has no obligation to monitor the
Communication Services. However, Virtual Wave reserves
the right to review materials posted to the
Communication Services and to remove any materials in
its sole discretion. Virtual Wave reserves the right to
terminate your access to any or all of the Communication
Services at any time, without notice, for any reason
whatsoever.
Virtual Wave reserves the right at all times to
disclose any information as Virtual Wave 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 Virtual Wave's sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children
in any Communication Services. Virtual Wave does not
control or endorse the content, messages or information
found in any Communication Services and, therefore,
Virtual Wave 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 Virtual
Wave spokespersons, and their views do not necessarily
reflect those of Virtual Wave.
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 Virtual Wave OR POSTED AT
ANY Virtual Wave WEB SITE.
Virtual Wave does not claim ownership of the materials
you provide to Virtual Wave (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 Virtual Wave, its affiliated
companies and necessary sublicensees permission to use
your Submission in connection with the operation of
their Internet businesses (including, without
limitation, all Virtual Wave 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. Virtual Wave is
under no obligation to post or use any Submission you
may provide and Virtual Wave 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.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright
infringement should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE Virtual Wave'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
Virtual Wave AND Virtual Wave 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.
Virtual Wave IS NOT RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. Virtual Wave IS PROVIDING THESE LINKS TO YOU ONLY
AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY Virtual Wave OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
Virtual Wave 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 Virtual Wave'S
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO
IDEAS SUBMITTED TO Virtual Wave. SO, PLEASE DO NOT SEND
YOUR UNSOLICITED IDEAS TO Virtual Wave OR ANYONE AT
Virtual Wave. IF, DESPITE OUR REQUEST THAT YOU NOT SEND
US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT Virtual Wave MAKES NO ASSURANCES THAT
YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL
OR PROPRIETARY.
COPYRIGHT NOTICE. Copyright © 2, Virtual Wave
Inc. All rights reserved.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as
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