Terms of Use - 2009

NOTICE SPECIFIC TO THIS WEBSITE

COPYING OR REPRODUCTION OF MATERIAL FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT THE WRITTEN CONSENT OF SOFTWARE MANAGEMENT SYSTEMS (TM).

The information contained on this site is not provided as legal or financial advice and should not be taken as such. Consult your attorney for all legal questions and your accounting representative for all questions regarding the financial aspects of software license use.

SOFTWARE MANAGEMENT SYSTEMS, INC. (TM) AND/OR ITS RESPECTIVE SUPPLIERS MAKE 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. SOFTWARE MANAGEMENT SYSTEMS (TM) AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND IT MAKES NO WARRANTY OR REPRESENTATIONS 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 SOFTWARE MANAGEMENT SYSTEMS (TM) AND/OR ITS RESPECTIVE SUPPLIERS 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. SOFTWARE MANAGEMENT SYSTEMS (TM) AND/OR ITS RESPECTIVE SUPPLIERS 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 SOFTWARE MANAGEMENT SYSTEMS, INC. (TM) AND/OR ITS RESPECTIVE SUPPLIERS 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 THIRD PARTY SITES:

ON SOME PAGES LINKS LET YOU LEAVE THE SOFTWARE MANAGEMENT SYSTEMS, INC. (TM)’s SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SOFTWARE MANAGEMENT SYSTEMS (TM) AND SOFTWARE MANAGEMENT SYSTEMS (TM) IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SOFTWARE MANAGEMENT SYSTEMS (TM) IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SOFTWARE MANAGEMENT SYSTEMS (TM) OF THE SITE.

Copyright © 2001-2008 SOFTWARE MANAGEMENT SYSTEMS (TM) and/or its suppliers, Redmond, WA 98052 | U.S.A. | All rights reserved.

TRADEMARKS: SOFTWARE MANAGEMENT SYSTEMS, INC. (TM), The SOFTWARE MANAGEMENT SYSTEMS, INC. (TM) Network and/or other SOFTWARE MANAGEMENT SYSTEMS, INC. (TM) products referenced herein are either trademarks or registered trademarks of  SOFTWARE MANAGEMENT SYSTEMS, INC. (TM). Other product and company names mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Contact webmaster@SOFTWARE MANAGEMENT SYSTEMS, INC. (TM) as appropriate.

CONDITIONS OF USE OF SOFTWARE MANAGEMENT SYSTEMS, INC. (TM) WEB SITE

YOUR USE OF OUR WEB SITE MEANS THAT YOU AGREE WITH THE FOLLOWING TERMS OF USE. PLEASE READ THESE TERMS AND IF YOU DO NOT AGREE WITH THEM PLEASE DO NOT USE THE WEB SITE.

"SOFTWARE MANAGEMENT SYSTEMS, INC.  (TM)", owns this web site and owns (or licenses) all the material on this site. You may not copy, upload, download, transmit, re-publish, or otherwise distribute anything from this site except as expressly permitted by these rules and the instructions for each section of this site. You may not modify or use the wallpaper, icons, characters, artwork, images, graphics, music, text, software, and other materials ("Materials") you get from this site for any purpose other than those permitted, and doing so will violate our copyright and other proprietary rights. Some of the sections allow you to download Materials. For those sections, the above restrictions apply, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, and you must not remove or modify any of the copyright, trademark, and other proprietary notices. We retain all rights to any Materials you download, and only grant you a limited license to use them as described above. For downloaded software or digital images, you may not redistribute, crop, sell, de-compile, disassemble or otherwise reverse engineer the software or digital images.

Do not send us anything unless you agree that we will own what you send. Specifically, for all suggestions, ideas, scripts, characters, drawings, concepts, messages and emails (the “Submissions”) you send, you hereby assign all rights in the Submissions to us. If for any reason any rights in any Submissions are not assigned, you hereby grant us a perpetual, irrevocable, fully paid up license to use the Submissions for any purpose whatsoever. You also hereby give your consent for us to use your name in connection with your Submissions, or for promotional purposes.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOFTWARE MANAGEMENT SYSTEMS, INC.  (TM) DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL SOFTWARE MANAGEMENT SYSTEMS, INC.  (TM) BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY MATERIALS EVEN IF SOFTWARE MANAGEMENT SYSTEMS (TM) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

This agreement shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software files from this site are further subject to United States export controls. No software or digital art from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Software Management Systems™ Inc.

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