The following are terms of a legal agreement between you and CyberMetrics. By accessing,
browsing, or using this Web site, you acknowledge that you have read, understood,
and agree to be bound by these terms and to comply with all applicable laws and
regulations, including export and re-export control laws and regulations. If you
do not agree to these terms, please do not use this Web site.
CyberMetrics may, without notice to you, at any time revise these Terms of Use and
any other information contained in this Web site by updating this posting. CyberMetrics
may also make improvements or changes in the products, services, or programs described
in this site at any time without notice.
General
This Web site contains proprietary notices and copyright information, the terms
of which must be observed and followed. Please see the section entitled “Copyright
and trademark information” for related information.
This site and all content in this site may not be copied, reproduced, republished,
uploaded, posted, transmitted, distributed, or used for the creation of derivative
works without CyberMetrics' prior written consent, except that CyberMetrics grants
you non-exclusive, non-transferable, limited permission to access and display the
Web pages within this site, solely on your computer and for your personal, non-commercial
use of this Web site. This permission is conditioned on your not modifying the content
displayed on this site, your keeping intact all copyright, trademark, and other
proprietary notices, and your acceptance of any terms, conditions, and notices accompanying
the content or otherwise set forth in this site. Notwithstanding the foregoing,
any software and other materials that are made available for downloading, access,
or other use from this site with their own license terms, conditions, and notices
will be governed by such terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this site will
result in automatic termination of any rights granted to you, without prior notice,
and you must immediately destroy all copies of downloaded materials in your possession
or control. Except for the limited permission in the preceding paragraph, CyberMetrics
does not grant you any express or implied rights or licenses under any patents,
trademarks, copyrights, or other proprietary or intellectual property rights. You
may not mirror any of the content from this site on another Web site or in any other
media.
Certain disclaimers
Information on this Web site is not promised or guaranteed to be correct, current,
or complete, and this site may contain technical inaccuracies or typographical errors.
CyberMetrics assumes no responsibility (and expressly disclaims responsibility)
for updating this site to keep information current or to ensure the accuracy or
completeness of any posted information. Accordingly, you should confirm the accuracy
and completeness of all posted information before making any decision related to
any services, products, or other matters described in this site.
CyberMetrics provides no assurances that any reported problems will be resolved
by CyberMetrics, even if CyberMetrics elects to provide information with the goal
of addressing a problem.
Confidential information
CyberMetrics does not want to receive confidential or proprietary information from
you through our Web site. Please note that any information or material sent to CyberMetrics
will be deemed NOT to be confidential. By sending CyberMetrics any information or
material, you grant CyberMetrics an unrestricted, irrevocable license to copy, reproduce,
publish, upload, post, transmit, distribute, publicly display, perform, modify,
create derivative works from, and otherwise freely use, those materials or information.
You also agree that CyberMetrics is free to use any ideas, concepts, know-how, or
techniques that you send us for any purpose. However, we will not release your name
or otherwise publicize the fact that you submitted materials or other information
to us unless: (a) we obtain your permission to use your name; or (b) we first notify
you that the materials or other information you submit to a particular part of this
site will be published or otherwise used with your name on it; or (c) we are required
to do so by law. Personally-identifiable information that you submit to CyberMetrics
for the purpose of receiving products or services will be handled in accordance
with our privacy policies. Please see the tab entitled “Privacy” for information
regarding CyberMetrics’ privacy policies.
Government restricted rights
CyberMetrics provides the software downloaded from this Web site to U.S. Government
users with “RESTRICTED RIGHTS." Use, reproduction, or disclosure is subject to the
restrictions set forth in the GSA Schedule contract.
Global availability
Information CyberMetrics publishes on the World Wide Web may contain references
or cross references to CyberMetrics products, programs and services that are not
announced or available in your country. Such references do not imply that CyberMetrics
intends to announce or make available such products, programs, or services in your
country. Please consult your local CyberMetrics business contact for information
regarding the products, programs, and services that may be available to you.
Business relationships
This Web site may provide links or references to non-CyberMetrics Web sites and
resources. CyberMetrics makes no representations, warranties, or other commitments
whatsoever about any non-CyberMetrics Web sites or third-party resources that may
be referenced, accessible from, or linked to any CyberMetrics site. A link to a
non-CyberMetrics Web site does not mean that CyberMetrics endorses the content or
use of such Web site or its owner. In addition, CyberMetrics is not a party to or
responsible for any transactions you may enter into with third parties, even if
you learn of such parties (or use a link to such parties) from a CyberMetrics site.
Accordingly, you acknowledge and agree that CyberMetrics is not responsible for
the availability of such external sites or resources, and is not responsible or
liable for any content, services, products, or other materials on or available from
those sites or resources.
When you access a non-CyberMetrics Web site, even one that may contain the CyberMetrics-logo,
please understand that it is independent from CyberMetrics, and that CyberMetrics
does not control the content on that Web site. It is up to you to take precautions
to protect yourself from viruses, worms, trojan horses, and other potentially destructive
programs, and to protect your information as you deem appropriate.
Linking to this site
All links to this Web site must be approved in writing by CyberMetrics, except that
CyberMetrics consents to links in which the link and the pages that are activated
by the link do not: (a) create frames around any page on this Web site or use other
techniques that alter in any way the visual presentation or appearance of any content
within this site; (b) misrepresent your relationship with CyberMetrics; (c) imply
that CyberMetrics approves or endorses you, your Web site, or your service or product
offerings; and (d) present false or misleading impressions about CyberMetrics or
otherwise damage the goodwill associated with the CyberMetrics name or trademarks.
As a further condition to being permitted to link to this site, you agree that CyberMetrics
may at any time, in its sole discretion, terminate permission to link to this Web
site. In such event, you agree to immediately remove all links to this Web site
and to cease using any CyberMetrics trademark.
Translations
Certain text in this Web site may be made available in languages other than English.
Text may be translated by a person or solely by computer software with no human
intervention or review. These translations are provided as a convenience to you,
and CyberMetrics makes no representations or commitments regarding the accuracy
or completeness of the translation, whether or not computer-generated or performed
by a person. Please see the below
Disclaimer of Warranty for additional conditions.
DISCLAIMER OF WARRANTY - USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION,
PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES
OR GUARANTEES WHATSOEVER. CYBERMETRICS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES,
OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL
PROPERTY RIGHTS. WITHOUT LIMITATION, CYBERMETRICS MAKES NO WARRANTY OR GUARANTEE
THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION,
PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING
LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY - IN NO EVENT WILL CYBERMETRICS BE LIABLE TO ANY PARTY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF
ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS
WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH
THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION,
PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CYBERMETRICS
IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER
OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY,
TORT, OR ANY OTHER LEGAL THEORIES.
Additional or different terms, conditions, and notices may apply to specific materials,
information, products, software, and services offered through this Web site. In
the event of any conflict, such additional or different terms, conditions, and notices
will prevail over these Terms of Use. Please see the applicable agreement or notice.
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