Terms of Use Agreement
Please
carefully read these terms and conditions before using these Summit
Software World Wide Web pages (the "Summit Software Site").
By using the Summit Software Site you indicate your agreement
to these terms and conditions. If you do not accept these terms
and conditions, please do not use the Summit Software Site.
Copyright and Proprietary Rights. This World Wide Web site is the
property of Summit Software ("Summit Software") and
its licensors and is protected by United States and International
Copyright laws. All copyright, trademark, and other proprietary
rights in the Summit Software Site and in the software, text,
graphics, design elements, audio, music and all other materials
originated or used by Summit Software at its site (the "Summit
Software Information") are reserved to Summit Software
and its licensors.
You may not reproduce, upload, post, transmit, download or distribute
any part of the Summit Software Information or information
accessed at other sites through links made at the Summit Software
Site ("Other Sites") other than printing out or downloading portions
of the text and images for your own personal, non-commercial use.
You may not modify the Summit Software Site, Other Sites,
or any material residing on such Sites.
You shall observe copyright and other restrictions imposed by Other
Sites. You may not use the Summit Software Site or Other Sites
in any manner that infringes the rights of any person or entity.
Domain names and trademarks of Other Sites, or contained in information
accessed at Other Sites, are the sole property of their respective
owners. No affiliation with, endorsement of, or sponsorship by Summit
Software should be inferred.
Responsibility for Content. Summit Software does not screen,
edit or review material submitted by users. Summit Software
can therefore accept no responsibility or liability for any material
which may reside in or is accessed by the Summit Software
Site other than Summit Software Information. Summit Software
has no responsibility with respect to Other Sites. You may not link,
upload, post or transmit any illegal, obscene, offensive or otherwise
inappropriate material to the Summit Software Site. You agree
to indemnify Summit Software from any damage, loss, cost or
expense which may be incurred by Summit Software as a result
of the material you link, upload, post, or transmit to the Summit
Software Site. Summit Software has no duty to review or
edit materials submitted by users. Any such materials may be removed
by Summit Software at any time for any reason.
Exclusions of Warranties. No warranties of any kind are made with
respect to the Summit Software Site, Summit Software
Information, or Other Sites. SUMMIT SOFTWARE DOES NOT WARRANT
THAT THE SUMMIT SOFTWARE SITE WILL MEET YOUR REQUIREMENTS,
WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. WE EXPRESSLY
EXCLUDE AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE RESPONSIBLE
FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO
YOUR USE OF THE SUMMIT SOFTWARE SITE, INCLUDING WITHOUT LIMITATION
DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS
BASED IN TORT, CONTRACT OR OTHERWISE.
Submissions. All concepts, ideas, comments, illustrations, and all
other materials disclosed or offered to Summit Software on
or in connection with this Site are submitted without any restrictions
or expectation of confidentiality. Summit Software shall have
no financial or other obligations to you when you submit such information,
nor shall you assert any proprietary or moral right of any kind
with respect to such submissions. Summit Software shall have
the right to use, publish, reproduce, transmit, download, upload,
post, display or otherwise distribute your submissions in any manner
without notice or compensation to you.
Linking to the Summit Software Site. Summit Software
has no objection to links made from Other Sites to the Summit
Software Site provided that you comply with the following requirements:
You may not frame or alter the appearance of the Summit Software
Site.
You may not state or imply that Summit Software endorses,
sponsors or otherwise approves your site or any Other Sites.
You may not use any Summit Software Trademarks or logos without
the prior written consent of the Summit Software. The only
permitted form of link is a text link on the Summit Software
name. Please see the sample below:
In view of the dynamic nature of the Internet, and the possibility
of updates and changes, we request that your link enter our Summit
Software Site at the home page. If you do link to an internal
page, we cannot guarantee that the link will remain active.
You must abide by all of the other Summit Software terms and
conditions of use. For example, you may not reproduce or host Summit
Software content on your Web site.
Export Controls. Your use of the Summit Software Site will
comply with all applicable laws, rules and regulations that govern
the export of technical data.
Choice of Law and Jurisdiction. This Summit Software Site
is operated from our offices in the State of Texas, United States
of America. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, without reference
to any conflict of law principles.
Limitation of Liability. IN NO EVENT SHALL SUMMIT SOFTWARE
OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE FOR
ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY
KIND.
Limitation of Claims. Any action on any claim against Summit
Software must be brought by the user within one (1) year following
the date the claim first accrued, or shall be deemed waived.
Entire Agreement. This is the entire agreement between the parties
and may not be modified except in writing signed by both parties.
Please see our Privacy Statement.
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