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Copyright (©) 2008 by SunUp Digital Systems, All rights
reserved. "SunUp" is a registered trademark of SunUp
Digital Systems. All other brand or product names are trademarks
of their
respective holders. This material is for information only and is
subject to change without notice.
We provide links to third-party sites. Since we do not control
these web sites, we encourage you to review the privacy policies
posted on these (and all) third-party sites.
The materials on this web site (the "Site") are provided
by SunUp Digital Systems ("SunUp") as a service to its
customers and partners and may be used for informational purposes
only. Single copies may be downloaded from the Site subject to the
provisions below. By accessing, viewing, using, or downloading any
materials from this Site, you agree to comply with the terms of
this agreement ("Agreement"). Your access to and use of
the Site is conditional upon your agreement with the following.
If you do not agree to the following, you will not be registered
as an authorized user of the Site, and you will not be able to use
the Site or download any materials from it.
- SunUp's trademarks are exclusively owned and controlled by
SunUp Digital Systems. No use or download of or from the Site
grants any rights to use of SunUp's trademarks, or other third-party
trademarks appearing on the Site. SunUp Digital Systems retains
all rights in its trademarks, and no licenses are granted. Other
third-party names and brands on this Site are the properties of
their respective owners, and appear on the Site by their permission.
- The materials on this Site are copyrighted and any unauthorized
use of any materials at this Site violates copyright, trademark,
and other laws. You may access and use, by download into temporary
memory, the information, content, graphics or software (collectively
"Materials") found on the Site on a single computer
for your personal, non-commercial internal use only, unless specifically
licensed to do otherwise by SunUp in writing or as allowed by
any license terms which accompany or are provided with the download
of specific Materials. All software downloaded from the Site will
be subject to your acceptance of a software license agreement
governing your use of the software. This is a license, not a transfer
of title or other ownership rights, and is subject to the following
restrictions. You may not: (a) modify the Materials or use them
for any commercial purpose, or any public display, performance,
sale or rental; (b) decompile, reverse engineer, or disassemble
software Materials except and only to the extent permitted by
applicable law, and provided that you first seek the required
information from us in writing; (c) remove any copyright or other
proprietary notices from the Materials; (d) transfer the Materials
to another person. You agree to prevent any unauthorized copying
of the Materials.
- Materials are copyrighted and are protected by worldwide copyright
laws and treaty provisions. They may not be copied, reproduced,
modified, published, uploaded, posted, transmitted, or distributed
in any way, without SunUp's prior written permission. Except as
expressly provided herein, SunUp does not grant any express or
implied right to you under any patents, copyrights, trademarks,
or trade secret information.
- THE SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT
ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY,
OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SunUp
OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL, (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE
MATERIALS, EVEN IF SunUp HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SunUp further does
not warrant the accuracy or completeness of the information, text,
graphics, links or other items contained within the Materials.
SunUp may make changes to the Materials, or to the products described
therein, at any time without notice. SunUp makes no commitment
to update the Materials.
- SunUp retains the absolute right to remove any Communications
posted on the Site at any time, for any or no reason, and without
notice. SunUp and users of the Site will be free to copy, disclose,
distribute, incorporate and otherwise use the Communications and
all data, images, sounds, text, and other things embodied therein
for any and all commercial or non-commercial purposes. You are
prohibited from posting or transmitting to or from this Site any
unlawful, threatening, libelous, defamatory, obscene, pornographic,
infringing, misappropriating, or other material that would violate
any rights of others or any law, whether or not you are the author
of such material. You shall indemnify SunUp and its affiliates
and partners against any claim, action, proceeding, liability,
costs (including reasonable attorneys fees), damages, or losses
arising from your violation of the foregoing. You are obligated
to promptly notify SunUp if you become aware that your Communication
may violate the foregoing prohibitions, although you understand
and acknowledge that SunUp is not responsible for placement or
removal of any Communications by users of the Site. You are at
all times responsible for compliance with our policies, and nothing
shall be construed as obligating SunUp to monitor or screen the
Communications posted on the Site.
- The Site may contain links to third-party sites. Such third-party
linked sites are not under the control of SunUp and SunUp is not
responsible for the content, terms of use, or privacy policy of
any linked site or any link contained in a linked site. SunUp
reserves the right to remove any link at any time. SunUp does
not endorse or suggest any affiliation or other relationship with
companies or their products, services, or web sites to which it
links. If you decide to access any of the third-party sites linked
to this Site, you do this entirely at your own risk.
- You may be able to purchase products, services, or software,
or other materials from the Site. All such purchases will be subject
to the terms of use and, payment, and warranties, if any, applicable
to such products or services. SunUp makes no warranties and assumes
no obligations with respect to such purchases, except as otherwise
stated in the course of accommodating the transaction. In no event
will SunUp be responsible for products or services offered in
whole or in part by third parties.
- This Site is controlled by SunUp from its offices within the
United States of America. SunUp makes no representation that Materials
in the Site are appropriate or available for use in other locations,
or comply with local requirements in all places from which the
Site may be accessed. Access to the Site or Materials from jurisdictions
where such content is illegal is prohibited. Those who choose
to access this Site from other jurisdictions do so on their own
initiative and are responsible for compliance with applicable
local laws. You may not use or export the Materials in violation
of U.S. export laws and regulations.
- SunUp may revise the terms of this Agreement at any time by
updating this posting. You are responsible for visiting this page
from time to time to review the then-current terms of this Agreement
because they are binding on you without prior notice.
- This Agreement shall be interpreted and enforced according to
the laws of the state of California without regard to its conflict
of laws principles, and of the United States. All disputes arising
in while or in part from this Agreement, from your use of the
Site, or from any matter related to the Site, shall be exclusively
resolved by binding arbitration to be held in Northern California,
the decision to be rendered by one arbitrator. Arbitration shall
be conducted in accordance with the American Arbitration Association's
Commercial Arbitration Rules, including the Emergency Interim
Relief Procedures, then in effect. The foregoing shall not prohibit
SunUp from seeking injunctive relief in court.
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