End user agreement for IMSpeak!
LICENSE, DISCLAIMERS AND POLICIES
DIGITAL MILLENNIUM COPYRIGHT ACT POLICY.
The agent to receive notifications of claimed infringement pursuant to the Digital Millennium Copyright Act (ADMCA@) is Craig Stadler, 4000 Pimlico, Suite 114, Pleasanton, California 94588, phone: (925) 847-1598, fax: 925-467-1928, e-mail: firstname.lastname@example.org, www.eastbaytech.com.
Upon receiving a notice that substantially complies with the DMCA requirements and provides East Bay Technologies, Inc. with actual knowledge of infringement or facts or circumstances from which infringing activity is apparent, East Bay Technologies, Inc. will expeditiously remove or disable access to the material in accordance with the DMCA. Note that the DMCA provides that any person who knowingly misrepresents that material or activity is infringing is liable for damages, including costs and attorneys fees.
East Bay Technologies, Inc. reserves the right to terminate access to its service by repeat infringers, and in appropriate circumstances will terminate access to its service by repeat infringers.
Notwithstanding the above, unless the publisher or website operator takes measures to prevent unwanted access to its site or files, it is possible that site or those files may be found and indexed again, since said data is collected through various common search engines.
CONTENT. Data returned is collected by a process that uses common search engines to start with. Therefore, East Bay Technologies, Inc. cannot screen sites for adult, infringing, illegal or otherwise questionable content. East Bay Technologies, Inc. WILL NOT BE LIABLE FOR CONTENT ACCESSED WITH ITS SOFTWARE OR SERVICE. The user of the software or service is exclusively liable for any use or misuse of the data or content.
Some software and services offered by East Bay Technologies, Inc. provide links to multimedia files and webpage elements throughout the Internet. East Bay Technologies, Inc. does not grant any license to use these files. If you wish to use any files you see during a search, you must either obtain permission from the owner or be sure that your use is a "fair use" under U.S. Copyright law.
DISCLAIMERS AND LIMITATIONS.
THE SOFTWARE IS PROVIDED 'AS IS' AND 'WITH ALL FAULTS.' East Bay Technologies, Inc. DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND--EITHER EXPRESSED OR IMPLIED--CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE SOFTWARE OR SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN NO EVENT WILL East Bay Technologies, Inc. BE LIABLE FOR ANY LOST PROFITS OR DATA, OR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER THEY MAY ARISE.
IN ADDITION, UNDER NO CIRCUMSTANCES WILL East Bay Technologies, Inc. TOTAL LIABILITY EXCEED THE AMOUNT PAID TO East Bay Technologies, Inc. FOR THE SOFTWARE.
East Bay Technologies, Inc. does its best to provide accurate and current links/data, but East Bay Technologies, Inc. IS NOT RESPONSIBLE FOR ANY ERRORS THAT MAY ARISE FROM INACCURATE DATA OR RESULTS AND MAKES NO GUARANTEES ABOUT DATA RETURNED OR THE CONSISTENCY OF THE SERVICE.
SINGLE COPY LICENSE. The software is copyrighted and protected by law and international treaty. You may download the software onto a single computer for your personal, non-commercial internal use only. This is a license, not a transfer of title, and you may not--and you may not permit anyone else to--(a) modify the software or use it for any commercial purpose or for public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble, modify or create derivative works based on the Software in whole or in part; (c) remove any copyright or other proprietary notices; (d) transfer the software to another person. You agree to prevent any copying of the software that you purchase, download or install.
PRIVACY. East Bay Technologies, Inc. does not compile any information from visitors to its website. All information obtained by East Bay Technologies, Inc. is volunteered through its mail form and application forms, and no data is collected from client computers. All information such as queries and e-mail addresses is kept private and not shared under any circumstances.
SUPPORT. East Bay Technologies will provide support to authorized, paid-up licensees at no charge for up to one hour per month and a total of five hours. Support is available through the form located at the East Bay Technologies web site, through e-mail sent to East Bay Technologies support e-mail address and through the support telephone number listed on the East Bay Technologies web site, which is available at 925-847-1598 (9am-6pm PST).
MINORS. As with any search engine, please be aware that the software and related service may access areas on the Internet that contain adult or mature content. You must be at least 18 years of age to access and view such areas. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you. With respect to general audience content, if East Bay Technologies learns that anyone under the age of 13 has accessed the software or service, East Bay Technologies will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").
RETURNS. If you purchased a physical copy of the software (as opposed to downloading it from the Internet), did not have an opportunity to review this agreement prior to purchase and do not consent to the terms of this agreement, you may return your receipt for the purchase, the software and all copies of it and all packaging and other accompanying materials within thirty (30) days of your purchase to East Bay Technologies and East Bay Technologies will refund your purchase price. By making such a return you represent and warrant that you have made no other copies of the software, have not transferred the software to any other person or entity and will not use the software.
OWNERSHIP AND DISTRIBUTION. The software and related website information are copyrighted material of East Bay Technologies, Inc. and may not be reproduced, modified, published, posted, uploaded or distributed in any form without the express written permission of East Bay Technologies, Inc.
SEVERABILITY. If one or more of these provisions are found to be unenforceable under law, the smallest part of those provisions necessary will be removed and the rest of these provisions will still be enforceable. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
LAW AND JURISDICTION. This Agreement will be construed according to the laws of the State of California, excluding its conflicts-of-law provisions, and any dispute arising from or relating to this Agreement will be adjudicated exclusively in the venue proper for an individual residing in Pleasanton, Alameda County, California.