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Legal Notice
Welcome to the Legal Notice of the New Wave Software, Inc. (“NWS”) Web Site.
This section describes terms of use, our company policies, use of the content
and software found on our site, as well as information on trademarks and
copyrights.
The NWS Web Site provides you with access to a variety of resources, including
site content, documents, download areas, and application services (collectively
"Services"). The Services that NWS provides to you are subject to the following
terms of use. NWS reserves the right to update the terms of use at any time
without notice to you.
Software Available on the NWS Web Site
Content Available on the NWS Web Site
Pricing and Availability Information
User Account Information
Materials and Information Provided to NWS
Use of the NWS Web Site
Third Party Company and Products
Links to Third Party Sites
Trademarks & Copyrights
Privacy Statement
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Software Available on NWS Web Site
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Any software that is made available to download or use from the NWS Web Site
("Software") is the copyrighted work of NWS and/or its licensors. Use of the
Software is subject to the terms and conditions provided herein or of the
license agreement which accompanies or is included with the Software or other
applicable license agreement between you (and the entity you represent) and NWS
("License Agreement"). You must read and accept such License Agreement before
you (and the entity you represent) use the Software. Any use, reproduction or
distribution of the Software that is not in accordance with the License
Agreement is expressly prohibited.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, NWS DOES NOT
WARRANT THE SOFTWARE INCLUDING ANY FIXES AND UPDATES PROVIDED IN THE
DOWNLOADABLE FILES OF THE NWS WEB SITE (THE "SITE"). ALL SOFTWARE AVAILABLE FOR
DOWNLOAD FROM THE SITE IS PROVIDED "AS IS." IN CONNECTION WITH THE SOFTWARE,
NWS MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OF TITLE, OR OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. USE OF THE FILES BY A
USER IS AT THE USER'S RISK AND IS DEEMED ACCEPTANCE OF THESE TERMS. IN NO EVENT
SHALL NWS BE LIABLE TO THE USER FOR ANY DAMAGES ARISING FROM USE OF OR
INABILITY TO USE THE SOFTWARE, INCLUDING ANY DAMAGES AS A RESULT OF VIRUS
INFECTION OR OTHER CONTAMINATION, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF NWS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY.
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Content Available on the NWS Web Site
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The content of the NWS Web Site including all downloadable files is the
copyrighted work of either NWS or of the third-party vendors. Use of the
content and files is subject to copyright laws of the United States. Use of any
of the files in any manner that would violate the copyright laws of the United
States is expressly forbidden. Limited Right to Use, Print and Distribute
Content: except as expressly stated otherwise, you are authorized to view,
copy, print and distribute the content of the NWS Web Site subject to the
following conditions: (i) it is used for informational, non-commercial purposes
only; (ii) any copy or portion must include the NWS copyright notice "© 2004
New Wave Software, Inc. All Rights Reserved"; (iii) no modifications are made;
and (iv) NWS reserves the right to revoke such authorization at any time, and
any such use shall be discontinued upon written notice from NWS. Errors or
Other Inaccuracies: NWS is not responsible for typographic errors or other
inaccuracies in the content provided on the NWS Web Site. NWS intends the
information contained in the NWS Web Site to be accurate and reliable, however,
errors may occasionally occur. Therefore, all information and materials are
provided "AS IS" without any warranty of any kind.
NWS DOES NOT WARRANT THE CONTENT AND THE DOWNLOADABLE FILES OF THE NWS WEB SITE
(THE "SITE"). ALL FILES AVAILABLE FOR DOWNLOAD (THE "FILES") FROM THE SITE ARE
PROVIDED "AS IS." IN CONNECTION WITH THE FILES, NWS MAKES NO WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF TITLE, OR OF
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. USE OF THE FILES BY A USER IS AT THE
USER'S RISK AND IS DEEMED ACCEPTANCE OF THESE TERMS. IN NO EVENT SHALL NWS BE
LIABLE TO THE USER FOR ANY DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE
FILES, INCLUDING ANY DAMAGES AS A RESULT OF VIRUS INFECTION OR OTHER
CONTAMINATION, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES, EVEN IF NWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. NWS reserves the right to modify
the product and service information contained in the NWS Web Site without
notifying current or prospective customers.
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Pricing and Availability Information
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Pricing and availability provided in the NWS Web Site are subject to change
without notice. The NWS Web Site may contain references to future NWS products.
Such products are only planned and may not actually be produced. Any planned
ship dates mentioned in reference to such future products are estimated dates
only, and are not guaranteed.
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User Account Information
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To open a user account, you must complete the registration process by providing
us with current, complete and accurate information as prompted by the
applicable registration form. You will also choose a password and a
user name. You are entirely responsible for maintaining the confidentiality of
your password and account and for all activities that occur under your account.
You agree to notify NWS immediately of any unauthorized use of your account or
any other breach of security. NWS 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. You may not use anyone else's account at any time,
without the permission of the account holder.
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Materials and Information Provided to NWS
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NWS shall have no obligation of any kind with respect to the materials and
information sent to NWS. Any materials and information including questions,
comments, suggestions and any other response sent to NWS shall be deemed to be
non-confidential. Sending your materials or information, you are granting NWS
permission to use, reproduce, distribute and publicly display such materials
and information without limitation.
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Use of the NWS Web Site
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NWS Web Site shall not be used for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. Restricted activities include but are
not limited by the following:
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Violate any applicable laws or regulations.
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Intentionally damage, disable, or impair NWS server(s), or the NWS network(s).
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Gain unauthorized access to services, other accounts, computer systems or
networks connected to NWS server(s) and NWS Network(s), through hacking,
password mining or any other means.
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Obtain or attempt to obtain any materials or information through any means not
intentionally made available through the NWS Web Site.
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Publish, upload, or otherwise distribute any inappropriate, profane,
defamatory, obscene, indecent or unlawful materials or information.
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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.
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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.
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Create a false identity for the purpose of misleading others.
NWS reserves the right at all times to disclose any information as NWS 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 NWS's sole discretion.
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Third Party Company and Products
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Third party companies and products are mentioned on the NWS Web Site for
informational purposes only and such mentioning constitutes neither an
endorsement nor a recommendation. All persons and companies listed in any
examples on the NWS Web Site are purely fictitious, and resemblance to existing
persons and companies are purely coincidental.
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Links to Other Third Party Sites
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NWS makes no representations whatsoever about any other web sites which you may
access from the NWS Web Site. The linked sites are not under the control of NWS
and NWS is not responsible for the contents of any linked site or any link
contained in a linked site. NWS is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by NWS of
the site.
Any rights not expressly granted herein are reserved.
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