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Legal Notices
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Copyright © 2007 by Brainware, Inc. All rights reserved worldwide.
Brainware, Inc. (Brainware) maintains the web sites at www.brainware.com as a service to its customers and other individuals interested in its products and services. Please feel free to visit this site often to browse, download, or copy materials for your personal use. We require, however, that you observe the restrictions listed here. This page contains identification of, usage, and attribution instructions for, and information on how to obtain permission to use Brainware materials protected by copyright, as well as general legal information.
USE OF COPYRIGHTED MATERIALS, TRADEMARKS AND LOGOS
Trademarks
Brainware trademarks identify Brainware products and services as to the source and ownership of those products and services. Providing that you follow standard trademark usage practices and provide proper attribution, you may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services in editorial content (an article in a magazine or journal, for example) without our permission. Brainware prohibits other uses of its marks without prior written consent, which you can request via email to info@brainware.com.
You may not use Brainware trademarks in any of the following ways:
• in a non-Brainware product name or publication title;
• in, as, or as part of, your own trademarks;
• to identify products or services that are not products or services of Brainware;
• in a manner likely to cause confusion in any way;
• in a manner that inaccurately implies that Brainware sponsors, endorses, or is otherwise connected with your own activities, products, and services;
• in any manner that disparages Brainware, its products, or services;
• in any other manner that does not reflect proper trademark usage.
The following list of trademarks and registered trademarks of Brainware is not exhaustive - Brainware may own other trademarks, registered trademarks, logos, and trade names that are not included here.
Brainware®, Brainware eDM™, IDC-distiller™, Globalbrain™, OutlookAccess™, WF-distiller™, A/P-distiller™, OTC-distiller™. Additional marks on this site are the property of their respective owners. Any rights not expressly granted herein are reserved.
Logos
Brainware strictly prohibits the use, reproduction, copying, or redistribution of any Brainware logos without prior written permission from Brainware. If your organization has an existing agreement with Brainware, then that agreement, along with the specific guidelines for each logo, will specify your rights and obligations regarding the use of Brainware logos. If you do not have an existing agreement with Brainware, then you do not have permission to use Brainware logos.
Personal Use of Web Site Documents
Brainware authorizes visitors to its web sites to view, copy, download and print Brainware documents (articles, white papers, news releases, fact sheets, FAQs, product information, etc.) available on this web site, subject to the following conditions:
The documents may be used solely for personal, non-commercial, and informational purposes.
• The documents may not be modified in any way.
• The following copyright notice and permission notice must appear in each document: "Copyright © 2006 Brainware, Inc. All rights reserved. Brainware documents available from this Web site are protected by the copyright laws of the United States and international treaties."
• Copyright, trademark, and other proprietary notices may not be removed.
You may not reproduce, copy or redistribute the design or layout of the Brainware web site, individual elements of the web site design, or Brainware logos without the express written permission of Brainware.
Commercial Use of Brainware Web Site Materials, Screen Shots, Etc.
Brainware strictly prohibits the reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Brainware web site, including without limitation the design or layout of the Brainware web site, individual elements of the web site design, Brainware white papers, news releases, data sheets, FAQs, or other materials without the express written permission of Brainware. Permission will be granted only when certain limited criteria are met. To request such permission please send email to info@brainware.com with the words "Legal Dept: Copyright Permission" in the subject line and include the following information in the body of the message: the Brainware content you wish to use; where and how it will be used; where, how, how many and to whom copies will be distributed; intended publication date; what other non-Brainware materials will be associated with the Brainware content. Please provide your name, title, company, address, email address, and direct dial phone and fax numbers (including country and city codes). We will attempt to evaluate your request promptly. Brainware reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material.
Link to Non-Brainware Sites
This Brainware web site contains links to third party, non-Brainware web sites. Brainware makes no representations whatsoever about any other web site accessed through this one. All non-Brainware web sites are independent from Brainware, and Brainware has no control over the content of them. Brainware provides such links as a convenience to visitors to the Brainware site. The inclusion of such third-party links does not constitute an endorsement of the site or sites by Brainware, or acceptance by Brainware of any responsibility for its content or use. The user is responsible to take precautions to ensure that whatever is selected is free of such items as viruses, worms, and other items of destructive nature.
Brainware does not grant to any party a license under any Brainware or third-party patent, trademark, copyright, or trade secret by virtue of the posting of information on this web site.
WARRANTIES/LIMITATION OF LIABILITY
Information and documents on this web site are provided "as is" without warranty of any kind, either express or implied. Brainware disclaims all warranties regarding the information, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In no event shall Brainware be liable for any damages whatsoever, including, without limitation, any special, indirect, consequential, or incidental damages, or damages for lost profits, lost revenue, or loss of data or its use, arising out of or relating to information contained on the Brainware web site, or any other hyperlinked web site, whether in contract or tort, including negligence.
While Brainware attempts to provide accurate and current information on this web site, it makes no warranty or representation as to the accuracy, completeness, or timeliness of the information contained herein. Brainware may periodically make improvements, add, change, and/or update the information and documents on this site without notice. Brainware assumes no liability or responsibility whatsoever for any errors or omissions, including technical inaccuracies and typographical errors, in the content of this web site.
Information Brainware publishes on the World Wide Web may contain references or cross references to certain Brainware products, programs, or services that are unannounced or not available outside the U.S. Such references do not imply that Brainware intends to announce or make available such products, programs, or services in any other country.
APPLICABLE LAWS
This web site (excluding linked sites) is controlled by Brainware from its corporate offices within the Commonwealth of Virginia, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Virginia, by accessing this web site both you and Brainware agree that the statutes and laws of Virginia, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this web site. Any action, suit, or other legal proceeding that is commenced to resolve any matter arising under or relating to any provision of this agreement or use of this web site shall be commenced only in a court of the Commonwealth of Virginia (or, if appropriate, a federal court located within Virginia) and you and Brainware each consent to the jurisdiction of such a court. Brainware makes no representation that materials on the web site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. |
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