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Sidedoor
Software - Information on Terms of Use
Updated: Thursday, May 19, 2005
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ACCEPTANCE OF TERMS.
DESCRIPTION OF SERVICES.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB
SITE.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THIS WEB SITE.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
NO UNLAWFUL OR PROHIBITED USE.
USE OF SERVICES
MATERIALS PROVIDED TO SIDEDOOR SOFTWARE OR POSTED
AT ANY SIDEDOOR SOFTWARE WEB SITE.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT.
LINKS TO THIRD PARTY SITES.
UNSOLICITED IDEA SUBMISSION POLICY.
COPYRIGHT NOTICE.
ACCEPTANCE OF TERMS.
The services that Sidedoor Software provides to you are subject
to the following Terms of Use ("TOU"). Sidedoor Software
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.
Through its network of Web properties, Sidedoor Software 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,
new features, and/or the addition of any new Web properties, are
subject to the TOU.
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PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products
or services obtained from the Services.
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PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the collection
and use of your information.
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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. 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 Sidedoor Software Web site or any other Sidedoor Software owned, operated, licensed or controlled site. Elements of Sidedoor Software 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 Sidedoor Software Web site may be copied or retransmitted unless expressly
permitted by Sidedoor Software
.
SIDEDOOR SOFTWARE 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. SIDEDOOR SOFTWARE 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 SIDEDOOR SOFTWARE 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 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. SIDEDOOR SOFTWARE 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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NOTICES REGARDING SOFTWARE, DOCUMENTS
AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL SIDEDOOR SOFTWARE 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,
WEB SITES, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
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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 Sidedoor Software immediately of any unauthorized use
of your account or any other breach of security. Sidedoor Software
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 Sidedoor Software 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.
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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
Sidedoor Software server, or the network(s) connected to any Sidedoor
Software 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 Sidedoor Software 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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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.
Sidedoor Software has no obligation to monitor the Communication
Services. However, Sidedoor Software reserves the right to review
materials posted to the Communication Services and to remove any
materials in its sole discretion. Sidedoor Software reserves
the right to terminate your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
Sidedoor Software reserves the right at all times to disclose any
information as Sidedoor Software 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 Sidedoor Software's sole discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. Sidedoor
Software does not control or endorse the content, messages or information
found in any Communication Services and, therefore, Sidedoor Software
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 Sidedoor
Software spokespersons, and their views do not necessarily reflect
those of Sidedoor Software.
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.
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MATERIALS PROVIDED TO SIDEDOOR SOFTWARE
OR POSTED AT ANY SIDEDOOR SOFTWARE WEB SITE.
Sidedoor Software does not claim ownership of the materials you
provide to Sidedoor Software (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 Sidedoor Software, its affiliated
companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses (including,
without limitation, all Sidedoor Software 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. Sidedoor Software is under no obligation to
post or use any Submission you may provide and Sidedoor Software
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.
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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.
See Notice and Procedure for Making Claims of Copyright Infringement.
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LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE SIDEDOOR SOFTWARE'S SITE.
THE LINKED SITES ARE NOT UNDER THE CONTROL OF SIDEDOOR SOFTWARE
AND SIDEDOOR SOFTWARE 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. SIDEDOOR SOFTWARE IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. SIDEDOOR SOFTWARE IS PROVIDING THESE LINKS TO YOU ONLY AS
A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT
BY SIDEDOOR SOFTWARE OF THE SITE.
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UNSOLICITED IDEA SUBMISSION POLICY.
SIDEDOOR SOFTWARE 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 SIDEDOOR SOFTWARE'S PRODUCTS OR MARKETING STRATEGIES MIGHT
SEEM SIMILAR TO IDEAS SUBMITTED TO SIDEDOOR SOFTWARE. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO SIDEDOOR SOFTWARE OR ANYONE
AT SIDEDOOR SOFTWARE. IF, DESPITE OUR REQUEST THAT YOU NOT SEND
US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT SIDEDOOR SOFTWARE MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
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COPYRIGHT
NOTICE.
Copyright © 2004 Sidedoor Software, P.O. Box 5336, Winter Park,
Florida 32793-5336 U.S.A. All rights reserved.
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