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Elemental Logic, Inc. ("Elemental") makes information and products available
on this web site, subject to the following terms and conditions. By accessing
this web site, you agree to these terms and conditions. Elemental reserves the
right to change these terms and conditions, and the products, services, prices,
and programs mentioned in this web site at any time, at its sole discretion,
without notice. Elemental reserves the right to seek all remedies available by
law and in equity for any violation of these terms and conditions. Any rights
not expressly granted herein are reserved.
The software and accompanying documentation available to download from this web
site are the copyrighted work of Elemental. Use of the software is governed by
the terms of the end user license agreement, which accompanies such software.
If no license accompanies the download, the terms of the license which accompanied
the original product being updated will govern. You will not be able to use,
download, or install any software unless you agree to the terms of such end user
license agreement (EULA).
Except as otherwise indicated on this web site, you may view, print, copy, and
distribute documents found on this web site subject to the following terms and
conditions:
The document may be used solely for informational, personal, non-commercial purposes;
Any copy of the document or portion thereof must include all copyright and
proprietary notices in the same form and manner as on the original;
The document may not be modified in any way; and
Elemental reserves the right to revoke such authorization at any time, and any
such use shall be discontinued immediately upon notice from Elemental.
Documents specified above do not include the layout or design of this web site.
Elements of this web site are protected by trade dress or other laws and may
not be imitated or reproduced in whole or in part.
Documents specified above do not include logos, graphics, sounds or images on
this web site, which may be reproduced or distributed only when expressly
permitted by Elemental.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND ELEMENTAL,
ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
ELEMENTAL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR
SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.
IN NO EVENT SHALL ELEMENTAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2)
COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR
BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT ELEMENTAL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY
MADE TO THE INFORMATION HEREIN. HOWEVER, ELEMENTAL MAKES NO COMMITMENT TO UPDATE
MATERIALS ON THIS SITE.
With the exception of credit card numbers for the purchase of products and services,
Elemental does not want to receive confidential or proprietary information through
its web site.
Any information sent to Elemental, with the exception of credit card numbers,
will be deemed NOT CONFIDENTIAL. You grant Elemental an unrestricted, irrevocable
license to display, use, modify, perform, reproduce, transmit, and distribute any
information you send Elemental, for any and all commercial and non-commercial
purposes.
You also agree that Elemental is free to use any ideas, concepts, or techniques
that you send Elemental for any purpose, including, but not limited to, developing,
manufacturing, and marketing products that incorporate such ideas, concepts, or
techniques.
Elemental permits anyone to link to Elemental's web site subject to the linkers'
compliance with the following terms and conditions. A web site that links to
Elemental's web site:
May link to, but not replicate, content contained in Elemental's web site;
Must not create a border environment or browser around content contained in
Elemental's web site;
Must not present misleading or false information about Elemental's services or
products;
Must not misrepresent Elemental's relationship with the linker;
Must not imply that Elemental is endorsing or sponsoring the linker or the
linkers' services or products;
Must not use Elemental's logos or trade dress without prior written permission
from Elemental;
Must not contain content that could be construed as obscene, libelous,
defamatory, pornographic, or inappropriate for all ages;
Must not contain materials that would violate any laws;
Must agree that the link may be removed at any time upon Elemental's request
pursuant to Elemental's reserved rights to rescind its consent to allow the link.
Elemental's web site provides links to third-party web sites, which are not
under the control of Elemental. Elemental makes no representations about
third-party web sites. When you access a non-Elemental web site, you do so at
your own risk. Elemental is not responsible for the reliability of any data,
opinions, advice, or statements made on third-party web sites. Elemental
provides these links merely as a convenience. The inclusion of such links does
not imply that Elemental endorses, recommends, or accepts any responsibility
for the content of such sites.
The Elemental web site contains mention of third-party products and services
for informational purposes. Elemental makes no recommendations or endorsements
about third-party products and services. References to third-party services
and products are provided by Elemental "as is", without warranty of any kind,
either express or implied.
You agree that all matters relating to your access to, or use of, this web
site shall be governed by the laws of the state of Utah.
Elemental makes no representation that information on this web site are
appropriate or available for use in all countries, and prohibits accessing
materials from territories where contents are illegal. Those who access this
web site do so on their own initiative and are responsible for compliance
with all applicable laws.
Software available on the Elemental web site is subject to United States
export controls. No software from this web site may be downloaded or otherwise
exported or re-exported: (1) into (or to a national or resident of) Cuba,
Iraq, Libya, Sudan, North Korea, Iran, or any other country to which the
United States has embargoed goods; or (2) to anyone on the United States
Treasury Department's list of Specially Designated Nationals or the United
States Commerce Department's Table of Denial and Prohibition Orders.
By downloading or using software from this web site, you are agreeing to
the foregoing and all applicable export control laws. You are also warranting
that you are not under the control of, located in, or a resident or national
of any such country or on any such list.
The information on export laws provided herein is not necessarily complete.
For more information on export laws, please refer to 15 C.F.R. §736, 738,
744, 746, or telephone the United States Commerce Department, Bureau of
Export Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.
All Elemental products and publications are commercial in nature. The software,
publications, and software documentation available on this web site are
"Commercial Items", as that term is defined in 48 C.F.R.§2.101, consisting of
"Commercial Computer Software" and "Commercial Computer Software Documentation",
as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R.
§252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202,
as applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R. §252.227-7015,
48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other
relevant sections of the Code of Federal Regulations, as applicable,
Elemental's publications, commercial computer software, and commercial
computer software documentation are distributed and licensed to United States
Government end users with only those rights as granted to all other end users,
according to the terms and conditions contained in the license agreements that
accompany the products and software documentation, and the terms and conditions
herein.
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