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Legal |
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From
our kind and considerate Legal Department at VCOM/Avanquest! |
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General
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This Website may include inaccuracies or typographical errors. VCOM
and the third parties that provide content on this site may make improvements
and/or changes in the products, services, programs, and prices described
in this Website at any time without notice. Changes are periodically
made to the Website.
These
Terms represent the entire understanding relating to the use of
the Website and prevail over any prior, conflicting or additional,
communications. VCOM can revise these Terms at any time without
notice by updating this posting.
Any
action related to this Website will be governed by California law
and controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply.
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Software
Use |
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Any software that is made available to you to download from the
Website (the "Software") is the copyrighted work of VCOM,
Inc. and/or third parties. Your use of the Software is
governed by the terms
of the end user license agreement which accompanies or is included
with the Software (the "License Agreement"). You shall
not install any Software that is accompanied
by or includes a License Agreement,
unless you first agree to the terms of the License Agreement.
Software is warranted, if at all, in accordance with the terms of
the license agreement. Except as set forth in the license agreement,
all express or implied conditions, representations and warranties,
including any implied warranty of merchantability, fitness for a
particular purpose, or non-infringement, are disclaimed, except
to the extent that such disclaimers are held to be legally invalid.
Click
here to view our standard product license agreement. |
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Use
of Web Site Information |
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Except as otherwise indicated elsewhere on this site, you may view,
copy, print, and distribute documents available on this Web site subject
to the following conditions:
1. The document may be used solely for personal, informational, noncommercial
purposes;
2. The document may not be modified or altered in any way;
3. Any copy of the document or portion thereof must include the copyright
notice above and this permission notice; and
4. VCOM reserves the right to revoke such authorization at any time,
and any such use shall be discontinued immediately upon written notice
from VCOM.
Documents specified above do not include the design or layout of this
Web site. Elements of this Web site are protected by trade dress and
other laws and may not be copied or imitated in whole or in part.
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Links
to Third Party Sites |
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This
Website may be linked to other websites which are not under the control
of and are not maintained by VCOM. VCOM is not responsible for the
content of those sites. VCOM provides these links to you only as a
convenience, and the inclusion of any link to such sites does not
imply endorsement by VCOM of those sites. VCOM reserves the right
to terminate any link or linking program at any time. |
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User
Chat Rooms |
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VCOM
may, but is not obligated to, monitor or review any areas on the Website
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.
VCOM, 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. |
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Disclaimer
of Warranty |
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Unless
otherwise explicitly stated, the materials on the website are provided
"as is". All express or implied conditions, representations
and warranties, including the implied warranties of merchantability,
fitness for a particular purpose, and non-infringement, are disclaimed,
except to the extent that such disclaimers are held to be legally
invalid. VCOM makes no representations, warranties, or guaranties
as to the quality, suitability, truth, accuracy or completeness of
any of the materials contained on the website. Any questions regarding
the materials should be directed to the providers of such materials.
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Limitation
of Liability |
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VCOM
shall not be liable for any damages suffered as a result of using,
modifying, contributing, copying, distributing, or downloading the
materials on this website. In no event shall VCOM be liable for any
indirect, punitive, special, incidental, or consequential damage (including
loss of business, revenue, profits, use, data or other economic advantage)
however it arises, whether for breach or in tort, even if VCOM has
been previously advised of the possibility of such damage.
You have sole responsibility for adequate protection and backup of
data and/or equipment used in connection with the website and will
not make a claim against VCOM for lost data, re-run time, inaccurate
output, work delays or lost profits resulting from the use of the
materials. You agree to hold VCOM harmless from, and you covenant
not to sue v for, any claims based on using the website. |
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Trademarks
and Patents |
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ActiveBack,
AutoSave, BackStep Wizard, Boot Commander, BIOS Preprocessor,
Copy
Commander, DriveWorks, DVD PhotoPlay, Final Bid, Fix-It Utilities,
Image Commander, OS Wizard, Partition Wizard, PC Upgrade Commander,
Recovery Commander, SecurErase,
StartUp Commander, SystemSuite, TrueDOS, the V logo, VCOM and
Windows Source are trademarks of Avanquest Publishing USA, Inc.
ASMtool, C-Clearly, CD Anywhere, Media Easy, Memory Commander,
Partition
Commander, PowerDesk,
System Commander, View-It and Web Easy are registered
trademarks of Avanquest Publishing USA, Inc. The absence of a
brand or product name
or
logo from this list does not constitute a waiver of any Avanquest
trademark or other intellectual property right concerning that
name
or logo.
System Commander U.S. Patent No. 6,351,850.
Ontrack and
SMARTDefender are trademarks or registered trademarks of Kroll
Ontrack Inc. or its subsidiaries
in the United States and/or other countries and are used under
license.
Web
Easy Professional and PowerDesk portions are based on compression
software which is the copyright property of Unisys Corporation,
Licensed under U.S. Patent No. 4,558,302 and foreign counterparts.
"Fix-It" is used under license from Musick International,
Inc.
EasyUninstall, Internet Cleanup and ZipMagic are trademarks of Aladdin
Systems Inc.
Microsoft, FrontPage and Windows are registered trademarks of Microsoft
Corporation.
IBM and OS/2 are registered trademarks of IBM Corporation.
Sun, Solaris and StarOffice are registered trademarks of Sun Microsystems,
Inc.
TurboLinux is a registered trademark of TurboLinux Corporation.
Linux is a registered trademark of Linus Torvalds.
Partition Magic is a registered trademark of Symantec Corporation.
eBay is a registered trademark of eBay, Inc.
The VNU and PCW Logos are trademarks of VNU Business Publications
All other trademarks are the property of their respective owners.
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Copyrights |
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The
information and files on this web site are protected by copyright:
Copyright © 2001-2005 Avanquest Publishing USA, Inc., 3132 Dwight Road, Suite 500, Elk Grove, CA 95758 USA. All rights
reserved.
Except
as specifically permitted herein, no portion of the information
on this Web site may be reproduced in any form or by any means without
the prior written permission from VCOM.
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Export
Control Laws; Restricted Rights Legend
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Software
available on the VCOM Web site is subject to United States export
controls. No software from this site may be downloaded or otherwise
exported or re-exported (1) into (or to a national or resident of)
Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country
to which the United States has embargoed goods; or (2) to anyone on
the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Denial Orders.
By downloading or using software from this site, you are agreeing
to the foregoing and you are warranting that you are not located in,
under the control of, or a national or resident of any such country
or on any such list.
All VCOM products and publications are commercial in nature. The software
and documentation available on this Web site are "Commercial
Items," as that term is defined at 48 C.F.R. §2.101, consisting
of "Commercial Computer Software" and "Commercial Computer
Software Documentation," as such terms are used in 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202, as applicable. Consistent
with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through
227.7202-4, as applicable, the Commercial Computer Software and Commercial
Computer Software Documentation are licensed to U.S. Government end
users (A) only as Commercial Items and (B) with only those rights
as are granted to all other end users pursuant to the terms and conditions
herein. |
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