ACCEPTANCE OF TERMS The Software and Services that BinaryWorX
provides to you are subject to the following Terms of Use ("TOU").
BinaryWorX 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.
DESCRIPTION OF SERVICES Through its Web properties,
BinaryWorX provides you with Software and Services. The Services,
including any updates, enhancements, new features, and/or the addition of any
new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise
specified, the Services are for your personal 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 Software and Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION See the disclosures relating to the collection
and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE Any Software
that is made available to download is the copyrighted work of BinaryWorX.
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"). An end-user will be unable to install any Software that is
accompanied by or includes a License Agreement, unless he or she first agrees to
the License Agreement terms. The Software is made available for download solely
for use by end-users according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, BINARYWORX HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR
CONVENIENCE, BINARYWORX MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS
SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. BINARYWORX DOES
NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT
THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE IN BINARYWORX SOFTWARE PRODUCTS.
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.
Documents specified above do not include the design or layout of the
BinaryWorX Web site. Elements of BinaryWorX 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 BinaryWorX Web site may be copied or retransmitted unless
expressly permitted by BinaryWorX.
BINARYWORX 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. BINARYWORX
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 BINARYWORX 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. BINARYWORX 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.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB
SITE IN NO EVENT SHALL BINARYWORX 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, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
USER PASSWORD AND SECURITY Registration for Download requires you
to complete a survey. Upon completion, you will be provided with a confirmation
e-mail to confirm your registration and password. You are entirely responsible
for maintaining the confidentiality of your password.
NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the
Software, you will not use the Software for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available through the Software.
COPYRIGHT NOTICE Copyright © 2003 BinaryWorX, P.O Box 51713,
Wierda Park, Centurion, South Africa, 0149. All rights reserved.
TRADEMARKS The names of actual companies and products mentioned
herein may be the trademarks of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos, people and events
depicted herein are fictitious. No association with any real company,
organization, product, domain name, e-mail address, logo, person, or event is
intended or should be inferred. Any rights not expressly granted herein are
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