OSR Online Terms of Use Agreement
Last Modified: 3 May 2003
This site is maintained by OSR Open Systems Resources, Inc., as a service to its customers. By using this site, You are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If You do not agree to these terms, You should not use this site.
Acceptance of Agreement. For purposes of this agreement, the terms "we" "us," "our" and "OSR" refer to OSR Open Systems Resources, Inc. and its successors, partners, affiliates, subsidiaries and assigns. The terms "You" and "End-User" refer to You as a user of this Site. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our internet website www.osronline.com(the "Site"). This Agreement constitutes the entire and only agreement between OSR and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by OSR without specific notice to You. The latest Agreement will be posted on the Site, and You should review this Agreement prior to using the Site. By accessing the site, You agree to be bound by the terms of the latest Agreement posted.
Copyright and Trademarks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. "OSR Online", "The NT Insider", the OSR corporate logo and others marks are either trademarks or registered trademarks of OSR. Windows, the Windows logo, and/or other Microsoft products referenced herein are either registered trademarks or trademarks of Microsoft Corporation in the U.S. and/or other countries. Other product, company names, and content displayed on the Site may be the trademarks or copyrights of their respective owners. Individual documents on this server may have different copyright conditions, and that will be noted in those documents. The copying, redistribution, use or publication by You of any such matters or any part of the Site, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site by OSR does not constitute a waiver of any rights in such information and materials.
Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants You only a limited, nonexclusive license for use solely by You for Your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You shall keep all trademark, copyright and proprietary notices intact. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for Your personal use (but not for resale or redistribution).
Editing, Deleting and Modification. OSR reserves the right in its sole discretion to edit or delete any documents, information, contribution, or other content appearing on the Site at any time without notice, and for any reason whatsoever.
Submissions. If You send submissions (e.g., mailing list postings, article comments, comments to the Online DDK, survey results, or any other submissions) or creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of OSR. None of the Submissions shall be subject to any obligation of confidence on the part of OSR, and OSR shall not be liable for any use or disclosure of any Submissions. You hereby represent and warrant that You have all necessary rights in and to the Submissions You provide and that all information they contain shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortuous, or otherwise unlawful information. In addition, You warrant that all so-called moral rights in any Submissions You provide have been waived. Without limitation of the foregoing, OSR shall exclusively own all known or hereafter existing rights to the Submissions of every kind and nature throughout the universe in perpetuity and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
OSR has no obligation to monitor the content of Submissions and does not endorse or control the content of Submissions submitted by others to the Site. Submissions to the Site are not necessarily reviewed by OSR prior to posting and do not necessarily reflect the opinions or policies of OSR. OSR makes no warranties, express or implied, as to the content of the Submissions on the Site or the accuracy and reliability of any Submissions and other materials on the Site. Nonetheless, OSR reserves the right to edit, change and/or remove any Submission for any reason whatsoever without prior notice.?OSR also reserves the right to prevent You from contributing Submissions to the Site at any time, without notice, for any reason whatsoever.
Indemnification. You agreed to defend, indemnify and hold harmless OSR, its affiliates and their respective directors, officers, employees and agents (collectively, "Affiliated Parties") from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees and costs) arising out of or accruing from: (a) any material posted or otherwise provided by You that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by You in connection with Your use of the Site; (c) any non-compliance by You with the terms and conditions of this Agreement; and (d) claims regarding any liability, loss, claim and/or expense arising from or related to Your access and use of the Site, including information obtained through the Site. Notwithstanding the foregoing, OSR reserves the right to assume at its expense the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with OSR in asserting any available defenses.
Nontransferable. Your right to use the Site is not transferable. Any password or right given to You to obtain information or documents is not transferable.
Disclaimer and Limits. Information or software on this Site may contain technical inaccuracies, typographical errors, errors of design, logic, or implementation. Information or software may be changed or updated without notice. OSR may also make improvements and/or changes in the products and/or services described in this information at any time without notice. THE INFORMATION AND SOFTWARE AVAILABLE?FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION, SOFTWARE?AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OSR AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. WE ARE NOT LIABLE FOR ANY FAILURE TO PERFORM OR PERFORMANCE DUE TO A FORCE MAJEURE EVENT. AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION OR SOFTWARE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE SITE OR THE SOFTWARE AVAILABLE FROM THIS SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) THAT MAY RESULT FROM USE OF, OR INABILITY TO USE OUR SITE. OSR DOES NOT WARRANT OR MAKE REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY, IF ANY, FOR THE GOODS, SERVICES?AND/OR INFORMATION PROVIDED FOR THE THREE (3) MONTHS PRECEEDING THE ACTION OR INACTION THAT CAUSED HARM.
Disclaimer and Privacy Policy. Please review the information contained in OSR's Privacy Statement.
Member Account, Password and Security. Parts of this Site may require You to register for an account.? If you choose to register,?You must complete the registration process by providing us with current, complete and?accurate information as prompted by the applicable registration form. Use of aliases or pseudonyms on this site is not allowed.?You also will choose a password, and?Your user name will be the valid and correct email address You submit. You are entirely responsible for maintaining the confidentiality of Your password and account information. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You agree to notify OSR immediately of any unauthorized use of Your account or any other breach of security. OSR 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 OSR 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.
No Unlawful or Prohibited Use.? As a condition of Your use of this Site, You agree not to use if for any purpose that is unlawful or prohibited by these terms, conditions, and notices.? You may not use this Site in any manner that could damage, disable, overburden, or impair any OSR server or the network(s) to which the Site is connected, or interfere with any other party's use and enjoyment of the Site.? You may not attempt to gain unlawful access to the Site, other accounts, computer systems, or networks connected to any OSR server, 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 this Site. You agree to at all times use the Site only in ways that are proper, and to post, submit, or use content from the Site in a way that is consistent with the Site's intent and all posted guidelines.? By way of example, and not as a limitation, You agree to not use the Site to post or disseminate in any way inappropriate, profane, defamatory, obscene, indecent, or unlawful information.?Again by way of example,?and not as a limitation, You agree to not havest or otherwise collect information about others, including email addresses or violate any applicable laws or regulations.? Finally, by way of example and not as a limitation, You agree not to contribute any material or information to this Site, or make us of any material or information from this Site, in any way that violates copyright, trademark, patent, trade secret, or other proprietary rights of any party.
Minor. If You have agreed to allow Your minor child, or a child for whom You are legal guardian (a "Minor"), to use this Site, You agree that You shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor?s access to and use of the Site; and (c) the consequences of any use of the Site by such Minor.
Information and Press Releases. The Site may contain information and press releases about OSR. While this information was believed to be accurate as of the date prepared, OSR disclaims any duty or obligation to update this information or any press releases. Information about companies other than OSR contained in press releases or otherwise, should not be relied upon as being provided or endorsed by us.
Export Control and other International Information. Unless otherwise specified, the materials on this Site are presented solely to provide information regarding and to promote OSR?s Site and other products available in the United States, its territories, possessions and protectorates. OSR makes no representation that materials on this Site are appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Site is further subject to United States and international export controls. No software from this Site may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department?s list of Specially Designated Nationals or the U.S. Commerce Department?s Table of Deny Orders or to any other prohibited parties. By using the Site, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list. Information OSR publishes on the World Wide Web may contain references or cross references to OSR products, programs or services that are not announced or available in Your country.
Miscellaneous. All disputes between You and OSR arising in connection with this Agreement shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, using the Expedited Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator shall be an individual generally skilled in the legal and business aspects of the subject matter of this Agreement. The arbitrator shall have no authority to impose penalties or award punitive damages. The arbitration shall take place in the Hillsboro County, New Hampshire, and the arbitrator shall apply the law of the State of New Hampshire and applicable rules of evidence. If all parties and the arbitrator agree, arbitration may take place by telephone or by written communication. Unless the arbitrator otherwise directs, the parties, their representatives, other participants, and the arbitrator shall hold the existence, content, and result of the arbitration in confidence. No action, regardless of form, related to the obligations of the parties under this Agreement may be brought by either party against the other more than one (1) year after the cause of action has accrued. In any proceeding to enforce this Agreement, the prevailing party will have the right, in addition to its other rights hereunder, to recover its reasonable litigation costs and reasonable attorneys? fees. Notwithstanding the foregoing, OSR may seek immediate injunctive relief in the event of Your infringement of intellectual property rights hereunder or a breach of Your confidentiality obligations. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision.
Any rights not expressly granted herein are reserved.
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