| DURATEQ Website - Terms of use and legal restrictions
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS
WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS.
IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT
USE THIS WEBSITE.
Use of site
Durateq, Inc.. ("Durateq") authorizes you to
view and download the materials at this website ("Site")
only for your personal, non-commercial use, provided that you
retain all copyright and other proprietary notices contained
in the original materials on any copies of the materials. You
may not modify the materials at this Site in any way or reproduce
or publicly display, perform, or distribute or otherwise use
them for any public or commercial purpose. Any use of these materials
on any other website or networked computer environment for any
purpose is prohibited. The materials at this Site are copyrighted
and any unauthorized use of any materials at this Site may violate
copyright, trademark, and other laws. If you breach any of these
Terms, your authorization to use this Site automatically terminates
and you must immediately destroy any downloaded or printed materials.
Disclaimers
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE
ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Durateq's
obligations with respect to its products and services are governed
solely by the agreements under which they are provided and
nothing on this Site should be construed to alter such agreements.
Durateq further does not warrant the accuracy and completeness
of the materials, software or services at this Site. Durateq
may make changes to the materials and services at this Site,
or to the products and prices described in them, at any time
without notice. The materials and services at this Site may
be out of date, and Durateq makes no commitment to update the
materials and services at this Site. Information published
at this Site may refer to products, programs or services that
are not available in your country. Consult your local Durateq
business contact for information regarding the products, programs
and services that may be available to you. Applicable law may
not allow the exclusion of implied warranties, so this exclusion
may not apply to you.
Limitation of liability
IN NO EVENT WILL DURATEQ, ITS SUPPLIERS, OR OTHER THIRD PARTIES
MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT
OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS
SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS
OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT DURATEQ HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS,
INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA,
YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU.
Use of software
Any software that is made available to download from this Site
is the copyrighted work of Durateq and/or its suppliers. Use
of the software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the
software ("License Agreement"). You may not download
or install any Software that is accompanied by or includes
a License Agreement unless you have read and accepted the terms
of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF
THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE
LICENSE AGREEMENT.
User submissions
Durateq does not want to receive confidential or proprietary information
from you through this Site. Any material, information or other
communication ("Communications") you transmit or
post to this Site will be considered non-confidential and non-proprietary.
Durateq will have no obligations with respect to the Communications.
Durateq and its designees will be free to copy, disclose, distribute,
incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for
any and all commercial or non-commercial purposes. Personally
identifiable information that you submit to Durateq for the
purpose of receiving products or services will be handled in
accordance with the Durateq online privacy statement. You are
prohibited from posting or transmitting to or from this Site
any unlawful, threatening, libelous, defamatory, obscene, pornographic,
or other material that would violate any law.
Chat rooms and other user forums
Durateq may, but is not obligated to, monitor or review any areas
on the Site where users transmit or post Communications or
communicate solely with each other, including but not limited
to chat rooms, bulletin boards or other user forums, and the
content of any such Communications. Durateq, however, will have
no liability related to the content of any such Communications,
whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. Durateq retains the right
to remove messages that include any material Durateq deems abusive,
defamatory, obscene or otherwise unacceptable.
The most effective
way to view and change your personal information is to
return to
the Web
page where you
originally submitted
your data and follow the instructions on
that Web page. Links
to third-party Websites
Links on this Site to third-party websites
are provided solely as a convenience
to you. If you use these links, you will
leave this Site. Durateq has not reviewed
all of these third-party sites and does
not control and is not responsible for
any of these sites or their content.
Thus, Durateq does not endorse or make
any representations about them, or any
information, software or other products
or materials found there, or any results
that may be obtained from using them.
If you decide to access any of the third-party
websites linked to this Site, you do
this entirely at your own risk. Linking
to this site
You may create links to this Site from
other sites, but only in accordance
with the terms of the Guidelines for
linking to Durateq's Websites and in
compliance with all applicable laws.
Trademarks
Microsoft and Windows are US registered trademarks of Microsoft
Corporation. Softeq and Durateq are trademarks of Softeq
Development Corporation.
Procedure for making claims of copyright infringement
Any notifications of claimed copyright infringement should
be mailed to the Durateq Legal Department at 1155 Dairy Ashford, Suite 115, Houston, TX 77079 or sent via
e-mail to feedback@durateq.com.
U.S. government restricted
rights
This Site contains confidential computer software and
technical data. A valid License from Durateq is required
for possession,
use, or copying. Consistent with FAR 12.211 and 12.212,
Commercial Computer Software, Computer Software Documentation,
and Technical
Data for Commercial Items are licensed to the U.S. Government
under Durateq's standard commercial license terms.
General
Durateq administers this Site from its offices in Houston, Texas.
Durateq makes no representation that materials or services
at this Site are appropriate or available for use outside
the United States, and access to them from territories where
their contents are illegal is prohibited. You may not use
or export or re-export the materials or services at this
Site or any copy or adaptation in violation of any applicable
laws or regulations including without limitation U.S. export
laws and regulations. If you choose to access this Site from
outside the United States, you do so on your own initiative
and are responsible for compliance with applicable local
laws. These Terms will be governed by and construed in accordance
with the laws of the State of Texas, without giving effect
to any principles of conflicts of laws.
Durateq may revise
these Terms at any time by updating this posting. You should
visit this page from time to time to review
the then-current Terms because they are binding on you. Certain
provisions of these Terms may be superseded by expressly
designated legal notices or terms located on particular pages
at this
Site.
Revised February 2009
Note:
Anyone linking to Durateq's website must comply with the Guidelines
for Linking to Durateq's Websites and all applicable
laws. Guidelines for linking to Durateq's Websites
A site that links to Durateq's website:
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May link to but not replicate Durateq content |
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Should not create a browser or border environment around
Durateq content |
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Should not imply that Durateq is endorsing it or its
products |
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Should not misrepresent its relationship with Durateq |
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Should not present false information about Durateq products
or services |
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Should not use the Durateq logo without permission from
Durateq |
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Should not contain content that could be construed
as distasteful, offensive or controversial, and should
contain only content that is appropriate for all age
groups |
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