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OCHRE SOFTWARE WEBSITE TERMS OF USE

INTRODUCTION

The following Terms of Use govern your use of the Ochre Software web site and the materials accessible on or from the site. Please read them carefully before using the site. Your use of the site means that you accept these Terms of Use. If you do not agree with these Terms of Use, please do not use the Ochre Software web site.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this server ("The Software") is the copyrighted work of Ochre Software Pty. Ltd. (Ochre Software). Use of The Software is governed by the terms of the End-User License Agreement, which accompanies or is included with The Software ("EULA"). An end user will be unable to install any Software that is accompanied by or includes a EULA, unless he or she first agrees to the EULA terms.

The Software is made available for downloading solely for use by end users according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA 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.

The Software is warranted, if at all, only according to the terms of the EULA. Except as warranted in the EULA. Ochre Software hereby disclaims all warranties and conditions with regard to The Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this server ("Server") 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 this Server 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. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.

Documents specified above do not include the design or layout of the Ochre Software website or any other Ochre Software owned, operated, licensed or controlled site. Elements of Ochre Software websites 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 Ochre Software website may be copied or retransmitted unless expressly permitted by Ochre Software.

Ochre Software makes no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. all such documents and related graphics are provided "as is" without warranty of any kind. Ochre Software hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Ochre Software 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 this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Ochre Software 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 website. in no event shall Ochre Software 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 this server.

LINKS TO OTHER WEB SITES

Ochre Software makes no representation whatsoever regarding the content of any other web sites which you may access from Ochre Software's web site. When you access a non-Ochre Software web site, please understand that it is independent from Ochre Software and that Ochre Software has no control over the content on that web site. A link to a non-Ochre Software web site does not mean that Ochre Software endorses or accepts any responsibility for the content or use of such web site.

CONFIDENTIALITY

Those areas of the Ochre Software web site which you access by using a password or other security device contain proprietary and confidential information of Ochre Software, including engineering documents, manuals, beta and release software, program listings, data file printouts, and other technical and marketing information ("Ochre Software Confidential Information"). You agree to keep this information confidential and to use the information solely for the purposes expressly authorized by Ochre Software. You also agree to be careful with this Ochre Software Confidential Information and to only disclose it to your employees with a "need to know" who agree not to disclose the information or use the information for any unauthorized purpose.

TRANSMISSIONS TO OCHRE SOFTWARE

You agree not to send to Ochre Software any information that you consider confidential or proprietary. Any material (including information, ideas, and feedback) you transmit to or post on the Ochre Software web site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Ochre Software for any purpose whatsoever without compensation to you and without obtaining your prior permission. Notwithstanding the foregoing, all personal data provided to Ochre Software will be handled in accordance with Ochre Software's Privacy Statement. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, ographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Ochre Software may, but is not obligated to, monitor or review materials provided by third parties on Ochre Software's web site. Ochre Software makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such materials. Ochre Software expressly disclaims any liability for such third-party materials under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law.

COPYRIGHT NOTICE

Copyright 2001 Ochre Software, Pty. Ltd.,
P.O. Box 276, Stepney 5069, SA, Australia.
All rights reserved.

TRADEMARKS

Ochre Software's trademarks may be used only with written permission from Ochre Software and proper acknowledgement. Ochre Software, the Ochre Software logo, SourceStyler and/or other Ochre Software products referenced herein are either trademarks or registered trademarks of Ochre Software Pty. Ltd. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

DISCLAIMER OF WARRANTIES

THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND OCHRE SOFTWARE EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL.

REVISIONS TO TERMS OF USE

Ochre Software may revise these Terms of Use at any time. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance. If Ochre Software makes a request to you to stop using and/or to promptly return or destroy any copies of the materials provided on this web site, you will comply immediately with this request and will confirm in writing to Ochre Software within ten (10) days that you have done so.

GOVERNING LAW

This contract shall be governed by the laws of South Australia, Australia. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in South Australia, Australia, for all claims arising out of or relating to this contract.

LEGAL CONTACTS

Contact Ochre Software with questions or problems with this service by emailing us at [email protected]