WareSoft
Software Web Site Agreement
The XP-Smoker.com Web Site (the "Site") is an online
information service provided by WareSoft Software ("XP-Smoker.com "),
subject to your compliance with the terms and conditions
set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. XP-SMOKER.COM
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The
entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights
and trademarks are XP-Smoker.com, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions
of material from the different areas of the Site solely for
your own non-commercial use provided that you agree not to
change or delete any copyright or proprietary notices from
the materials. You agree to grant to XP-Smoker.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right
to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform
any materials and other information (including, without limitation,
ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such
as bulletin boards, forums and newsgroups) or by e-mail to
XP-Smoker.com by all means and in any media now known or
hereafter developed. You also grant to XP-Smoker.com the
right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree
that you shall have no recourse against XP-Smoker.com for
any alleged or actual infringement or misappropriation of
any proprietary right in your communications to XP-Smoker.com.
TRADEMARKS.
Publications, products, content or services referenced herein
or on the Site are the exclusive trademarks or servicemarks
of XP-Smoker.com. Other product and company names mentioned
in the Site may be the trademarks of their respective owners.
2.
Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by XP-Smoker.com,
XP-Smoker.comdoes not operate, control or endorse any information,
products or services on the Internet in any way. Except for
XP-Smoker.com- identified information, products or services,
all information, products and services offered through the
Site or on the Internet generally are offered by third parties,
that are not affiliated with XP-Smoker.com a. You also understand
that XP-Smoker.com cannot and does not guarantee or warrant
that files available for downloading through the Site will
be free of infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. XP-SMOKER.COM PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND XP-Smoker.com SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. XP-Smoker.com DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. XP-Smoker.com HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN
NO EVENT WILL XP-SMOKER.COM BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF XP-SMOKER.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, XP-SMOKER.COM LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
XP-Smoker.com makes no representations whatsoever about any
other web site which you may access through this one or which
may link to this Site. When you access a non-XP-Smoker.com
web site, please understand that it is independent from XP-Smoker.com,
and that XP-Smoker.com has no control over the content on
that web site. In addition, a link to a XP-Smoker.com web
site does not mean that XP-Smoker.com endorses or accepts
any responsibility for the content, or the use, of such web
site.
3.
Indemnification.
You agree to indemnify, defend and hold harmless XP-Smoker.com,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service
from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and
3 (Indemnification) are for the benefit of XP-Smoker.com
and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This
Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and
6 (Miscellaneous) shall survive any termination of this Agreement.
6.
Miscellaneous
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable
to agreements made and to be performed in The United States
of America. You agree that any legal action or proceeding
between XP-Smoker.com and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any
cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action
is barred. XP-Smoker.com's failure to insist upon or enforce
strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. XP-Smoker.com
may assign its rights and duties under this Agreement to
any party at any time without notice to you. Any rights not
expressly granted herein are reserved.
