Openwares Terms of Service as of 9/16/2006

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Their Terms of Service as of 9/16/2006

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Terms and Conditions for the public website Openwares.org
Last change to this document: October 22nd 2003

PLEASE READ THROUGH THE ENTIRE AGREEMENT AND UNDERSTAND IT BEFORE CONTINUING TO USE THIS WEBSITE;

Any questions about this agreement should be forwarded to ?admin ?@? openwares.org?. If in any doubt, please do not continue. This website, its owners and administrators will be referred to in this document as Openwares. Don't send any questions regarding any of the applications found on this web site to this e-mail address. Those will simply be deleted. You can place that sort of questions on the forum.

This Site, its Administrators, staff and associates; are in no way affiliated or connected with the creators of any of the software that is referred, found, linked, or hosted on this public web site.

We do not support, condone nor defend the use of any File sharing software or any other software referenced at this website.

Most downloads available at this website are stored or hosted on servers owned by third parties that are in no way affiliated with this website. Therefore we cannot guarantee that the contents of those files are what you expect it to be, nor that those files are free of viruses or other attachments.

Ownership

You are only authorized to access the Openwares website or to use the materials contained in this website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use which constitute an Agreement between you and the owners of this website. Please read these Terms of Use carefully. If you do not agree with them, you should leave this website immediately.

We reserve the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes. If you become aware of misuse of this website by any person, please contact the webmaster with your concerns.

Linked Websites and Files

If Openwares has provided links or pointers to other websites or files, no inference or assumption should be made and no representation should be implied that Openwares is connected with, operates or controls these websites or files.

Openwares is not responsible for the content or practices of third party websites that may be linked to this website. This website may also be linked to other websites operated by companies affiliated or connected with Openwares. When visiting other websites, however, you should refer to each such website's individual Terms of Use and not rely on this Agreement.

Advertising

Openwares takes no responsibility for third party advertisements which are posted on this website, nor does it take any responsibility for the goods or services provided by its advertisers.

Disclaimer of Liability and Warranties

While Openwares does its best to ensure the optimal performance of this website, you agree that you use this website and rely on material contained in this website at your own risk.

This website, and all materials in this website, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Openwares DOES NOT WARRANT that the website is fit for any particular purpose; that the functions contained in the materials in the website will be uninterrupted; that defects will be corrected; that the website is free of viruses and other harmful components or that the website is accurate, error free or reliable.

You acknowledge that Openwares, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that Openwares is not liable for any defamatory, offensive or illegal conduct or material found in connection with this website, including such conduct or material transmitted by any means by any other person.

You acknowledge that Openwares is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use this website.

Indemnity

You agree to defend, indemnify and hold harmless Openwares, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this website; your failure to use this website; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Termination

Openwares reserves the right to immediately terminate your use of, or access to, this website at any time if Openwares decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Openwares considers to be inappropriate or unacceptable.

If you believe that any material contained in this website infringes your copyright, you should notify Openwares of your copyright infringement by sending an email to ?admin ?@? openwares.org? Please note that this is only for material that is contained on the same web server as this website. Openwares takes no responsibility for any material contained on websites or servers that are linked to by this website.

Openwares retains a nonexclusive, royalty-free license to publish or reproduce these documents, or allow others to do so, for reference purposes. These documents may not be freely distributed and used for non-commercial, scientific and educational purposes. Commercial use of the documents available from this server is protected under the U.S. and Foreign Copyright Laws. Individual documents on this server may have different copyright conditions, and that will be noted in those documents.

Disclaimer of Endorsement

Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Openwares. The views and opinions of authors expressed herein do not necessarily state or reflect those of Openwares, and shall not be used for advertising or product endorsement purposes.

File Repository, Bulletin Boards and Chat Rooms

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this website) (collectively Messages) to the file repository, bulletin boards, chat rooms or other public areas within, or in connection with, this website (collectively Forums). However, Openwares accepts no responsibility whatsoever in connection with or arising from such Messages.

Openwares does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by Openwares prior to posting and do not necessarily reflect the opinions or policies of Openwares. Openwares makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Openwares reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.

Openwares assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Openwares chooses, in its sole discretion, to monitor the Forums, Openwares nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Openwares accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this website to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of this website by any other person.

In addition, children under the age of 13 are not authorized to post messages or participate in Forums on this website.

You agree that you will not submit Messages to Forums that:

Are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
Violate the copyright, trademark or other intellectual property rights of any other person. By submitting Messages to Forums, you represent to Openwares that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner;
Improperly assume or claim the identity, characteristics or qualifications of another person;
Are for purposes of spamming;
Contain any virus or other harmful component;
Are libelous, or an invasion of privacy or publicity rights or any other third party rights;
Or are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations.
You agree that any Message whatsoever submitted by you becomes the property of Openwares and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Openwares sees fit.

You agree to release Openwares, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

This legal document may change at any time without your notice; it is your responsibility to ensure that you have read it thoroughly each time it is updated.

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