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Terms of Use
For
use of Parker Software Development online services
ACCEPTANCE
OF TERMS
Parker Software Development Incorporated ("Parker Software Development")
makes this Web site (the "Site"), including all information, documents, communications,
files, text, graphics, software, and products available through the Site (collectively,
the "Materials") and all services operated by Parker Software Development
and third parties through the Site (collectively, the "Services"), available
for your use subject to the terms and conditions set forth in this document
and any changes to this document that Parker Software Development may publish
from time to time (collectively, the "Terms of Use").
By
accessing or using this Site in any way, including, without limitation, use
of any of the Services, downloading of any Materials, or merely browsing the
Site, you agree to and are bound by the Terms of Use.
Parker Software Development reserves the right to change the Terms of Use
and other guidelines or rules posted on the Site from time to time at its
sole discretion, and will provide notice of material changes on the home page
of the Site. Your continued use of the Site, or any Materials or Services
accessible through it, after such notice has been posted constitutes your
acceptance of the changes. Your use of the Site will be subject to the most
current version of the Terms of Use, rules and guidelines posted on the Site
at the time of such use. You should periodically check the "Legal" link on
the Site's home page to view the then current terms. If you breach any of
the Terms of Use, your authorization to use this Site automatically terminates,
and any Materials downloaded or printed from the Site in violation of the
Terms of Use must be immediately destroyed.
INTELLECTUAL
PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection
and arrangement, are protected by copyright, trademark, patent, and/or other
intellectual property laws, and any unauthorized use of the Materials or Services
at this Site may violate such laws and the Terms of Use. Except as expressly
provided herein, Parker Software Development and its suppliers do not grant
any express or implied rights to use the Materials and Services. You agree
not to copy, republish, frame, download, transmit, modify, rent, lease, loan,
sell, assign, distribute, license, sublicense, reverse engineer, or create
derivative works based on the Site, its Materials, or its Services or their
selection and arrangement, except as expressly authorized herein. In addition,
you agree not to use any data mining, robots, or similar data gathering and
extraction methods in connection with the Site.
Use of Services. When using Services on this Site that are
offered by Parker Software Development, you shall be subject to any posted
guidelines, rules, or licenses applicable to such Services and to the Terms
of Use. Such guidelines, rules, or licenses may contain terms and conditions
in addition to those in the Terms of Use.
In addition to the Materials and Services offered by Parker Software Development,
this Site also makes available materials, information, and services provided
by third parties (collectively, the "Third Party Services"). The Third Party
Services are governed by separate license agreements that accompany such services.
Parker Software Development offers no guarantees and assumes no responsibility
or liability of any type with respect to the Third Party Services, including
any liability resulting from incompatibility between the Third Party Services
and the Materials and Services offered by Parker Software Development. You
agree that you will not hold Parker Software Development responsible or liable
with respect to the Third Party Services or seek to do so.
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 Parker Software Development 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. Such terms are available for review and
are incorporated herein by this reference. 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.
Use of Parker Software Development Content and User Content.
Except as indicated to the contrary elsewhere on this Site, you may view,
download, and print the Parker Software Development Content and User Content
available on this Site subject to the following conditions:
1. The Parker Software Development Content and User Content may be used solely
for personal, informational, and internal purposes.
2. The Parker Software Development Content and User Content may not be modified
or altered in any way.
3. The Parker Software Development 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 Parker Software Development Content and User Content.
5. Parker Software Development reserves the right to revoke the authorization
to view, download, and print the Parker Software Development Content and User
Content available on this Site at any time, and any such use shall be discontinued
immediately upon notice from Parker Software Development.
6. The rights granted to you constitute a license and not a transfer of title.
TRADEMARK INFORMATION
The trademarks, logos, and service marks ("Marks") displayed on this
Site are the property of Parker Software Development or other third parties.
You are not permitted to use the Marks without the prior written consent of
Parker Software Development or such third party that may own the Marks. Parker
Software Development and the Parker Software Development logo are trademarks
of Parker Software Development Systems Incorporated.
For a current list of Parker Software Development's Marks, as well as certain
third party Marks, please refer to Trademark Information.
LICENSE TO Parker Software Development FOR USER CONTENT
Certain Services offered through this Site accommodate or require
User Content. Depending upon the nature of the Service, by submitting User
Content to this Site you grant Parker Software Development one of the following
types of licenses:
1. For User Content that is the result of your creative efforts and which
is intended to be displayed on the Site, such as examples of work you have
done using Parker Software Development products, you grant Parker Software
Development a worldwide, royalty-free, non-exclusive license to modify (for
purposes of formatting, maintenance, or Site administration only) and reproduce
such User Content. You also grant Parker Software Development the right to
distribute and publicly display and perform such User Content for the purpose
for which such User Content was submitted to the Site. This license will be
in effect until such User Content is removed from the Site. You acknowledge
and agree that any User Content you submit to Parker Software Development
change, such as actions or extensions, may be downloaded, modified, reproduced,
and distributed by users of this Site.
2. For User Content such as comments to the Parker Software Development User
Forums, bug reports, piracy reports, or product suggestions, you grant Parker
Software Development and the users of this Site an unrestricted, worldwide,
irrevocable license to use, reproduce, display, perform, modify, transmit,
and distribute such User Content, and you also agree that Parker Software
Development is free to use any ideas, concepts, know-how, or techniques that
you send us for any purpose without any compensation to you. However, we will
not release your name or otherwise publicize the fact that you submitted such
User Content to us unless: (a) you grant us permission to do so; (b) we first
notify you that the User Content you submit to a particular part of the Site
will be published or otherwise used with your name on it; (c) we have a good
faith belief that we are required to do so by law and/or in response to a
subpoena or court order; or (d) we believe it necessary in order to protect
the rights of Parker Software Development or others.
PROHIBITED COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by
you, (b) submitted with the express permission of the owner or within the
scope of the license to such content, or (c) in the public domain. You are
prohibited from posting or transmitting to or from this Site any unlawful,
threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic
materials, or other materials that would violate any law or the rights of
others, including, without limitation, laws against copyright infringement,
and rights of privacy and publicity. Violation of these restrictions may result
in denial of or limitations on access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials available
through it, you agree:
not
to disrupt or interfere with any other user's enjoyment of the Site or
affiliated or linked sites;
not
to upload, post, or otherwise transmit through the Site any viruses or
other harmful, disruptive, or destructive files;
not
to create a false identity;
not
to use or attempt to use another's account, password, service, or system
without authorization from Parker Software Development;
not
to disrupt or interfere with the security of, or otherwise cause harm
to, the Site, or any Services, Materials, system resources, accounts,
passwords, servers, or networks connected to or accessible through the
Site or any affiliated or linked sites.
MANAGING
CONTENT AND COMMUNICATIONS
Although it is not our intention to do so, Parker Software Development
reserves the right, in its sole discretion, to delete or remove User Content
from the Site and to restrict, suspend, or terminate your access to all or
part of this Site, at any time if we have cause to do so (including, without
limitation, our good faith belief that you have violated the Terms of Use)
without prior notice or liability. In addition, Parker Software Development
reserves the right to delete or remove Content if the relevant subscription
has expired or lapsed or if Parker Software Development has a good faith belief
that the user posting such Content has violated these Terms of Use, or any
law or regulation, or that such deletion or removal is necessary to comply
with the law or to protect the rights of Parker Software Development or others.
Parker Software Development may, but is not obligated to, monitor or review
(i) any areas on the Site where users transmit or post User Content, including
but not limited to areas where Services are available, or chat rooms, bulletin
boards, or other user forums; and (ii) the substance of any User Content.
To the maximum extent permitted by law, Parker Software Development will have
no liability related to User Content or Content arising under the laws of
copyright, libel, privacy, obscenity, or otherwise. Parker Software Development
also disclaims all liability with respect to the misuse, loss, modification,
or unavailability of any User Content or Content.
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.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN
YOU AND Parker Software Development 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, Parker Software
Development 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. Parker Software Development 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 Parker Software Development MAKES NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) Parker Software Development 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) Parker Software Development 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) Parker Software Development 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. Parker Software
Development 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 Parker Software Development
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.
INTERNATIONAL USERS
This Site can be accessed from countries around the world and may
contain references to Parker Software Development products, services, and
programs that are not available in your country. These references do not imply
that Parker Software Development intends to announce such products, services,
or programs in your country.
The Site is controlled, operated, and administered by Parker Software Development
from its offices within the United States of America. Parker Software Development
makes no representation that the Site, or the Services or Materials available
through it, are appropriate or available for use at other locations outside
the United States, and access to the Site from territories where the Site
or any of its Services or Materials are illegal is prohibited. If you access
the Site from a location outside the United States, you are responsible for
compliance with all local laws. See section on Export Control Laws, below,
for further information.
PERSONAL INFORMATION AND PRIVACY
To learn about how Parker Software Development protects your personal
information, such as your name and address, refer to the Parker Software Development
Online Privacy Policy . Except as set forth in the Privacy Policy or in the
Terms of Use, your personal information will be deemed to be confidential.
With the exception of Design Content and certain types of User Content, any
non-personal information or material sent to Parker Software Development will
generally be deemed to NOT be confidential. You understand and agree that
we may disclose information about you if we have a good faith belief that
we are required to do so by law or legal process, to respond to claims, or
to protect the rights, property, or safety of Parker Software Development
or others, or as stated in our Privacy Policy. Please be aware that your browser
must be enabled to accept cookies in order for you to use the DesignTeam service
or to purchase from the Parker Software Development online store.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Parker
Software Development, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS,
EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Parker Software Development
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY
TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF
ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER
THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED,
ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES
AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE
REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Parker Software Development will, in appropriate circumstances, terminate
the accounts of users who infringe the intellectual property rights of others.
If you believe that your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on this Site or
on sites linked to from this Site, please provide Parker Software Development's
Copyright Agent a Notice containing the following elements:
1.
a physical or electronic signature of the person authorized to act on behalf
of the owner of the copyright interest that is alleged to have been infringed;
2.
a description of the copyrighted work or works that you claim have been infringed
and identification of what material in such work(s) is claimed to be infringing
and which you request to be removed or access to which is to be disabled;
3.
a description of where the material that you claim is infringing is located
on the Parker Software Development site;
4.
information sufficient to permit Parker Software Development to contact you,
such as your physical address, telephone number, and e-mail address;
5.
a statement by you that you have a good faith belief that the use of the material
identified in your Notice in the manner complained of is not authorized by
the copyright owner, its agent, or the law;
6.
a statement by you that the information in your Notice is accurate and, under
penalty of perjury, that you are the copyright owner or authorized to act
on the copyright owner's behalf.
Parker
Software Development's Copyright Agent for Notice of claims of copyright infringement
can be reached as follows:
By mail:
Mike Trivisonno/Copyright Agent
Parker Software Development Systems Incorporated
13446 SW 62 ST E-108
Miami, FL 33183
By telephone: 305 388 4683
By fax: 305 940 0747
By e-mail: mtriviso@parkersoftware.com
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK
HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND
SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS
SITE. ALL OTHER INQUIRIES
DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO.
FORWARD-LOOKING STATEMENTS DISCLAIMER
This Site may now, or hereafter from time to time, contain certain
statements or information with respect to (i) the projection of Parker Software
Development's revenues, income, earnings per share, capital expenditures,
dividends, capital structure, or other financial items; (ii) the plans, objectives,
and/or projections of Parker Software Development for future operations, including
those relating to the products or services of Parker Software Development;
(iii) Parker Software Development's future economic performance; (iv) assumptions
underlying or relating to any of the forgoing statements or information; and
(v) any other projections, estimates, or forward-looking statements. All such
statements and information are forward-looking statements within the meanings
of Section 27A of the Securities Act of 1933 and Section 21E of the Securities
Exchange Act of 1934. Such forward-looking statements are based upon, or will
be based upon, Parker Software Development's judgment with respect to future
events and are subject to a number of uncertainties and risks that could cause
actual results or circumstances to differ materially from those expressed
in the forward-looking statements. Parker Software Development wishes to caution
you that such forward-looking statements are only predictions and that actual
events or results may differ materially.
EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of Parker Software Development software
products are controlled by the United States Export Administration Regulations,
and such software may not be exported or re-exported to Cuba, Iran, Iraq,
Libya, North Korea, Sudan, Syria, the Taliban controlled areas of Afghanistan,
or any country to which the United States embargoes goods. In addition, Parker
Software Development software may not be distributed to persons on the Table
of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading an Parker Software Development software product you are certifying
that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan,
Syria, the Taliban controlled areas of Afghanistan, or any country to which
the United States embargoes goods and that you are not a person on the Table
of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
All Parker Software Development products and publications are commercial in
nature. The software and documentation available on this Site are "Commercial
Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software Documentation," as such
terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4,
as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are licensed to U.S. Government end users (A) only as Commercial
Items and (B) with only those rights as are granted to all other end users
pursuant to the terms and conditions herein.
INDEMNITY AND LIABILITY
You agree to indemnify and hold Parker Software Development, 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, or your violation
of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Parker Software
Development from its offices within the state of Florida, United States of
America. By accessing this Site, you and Parker Software Development 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 Florida, without regard
to the conflicts of laws principles thereof.
LANGUAGE
It is the express wish of the parties that the Terms of Use and all related
documents have been drawn up in English.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers
posted on the Site constitute the entire agreement between Parker Software
Development 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 Parker Software Development
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.
