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Copyright Statement and Terms of Use
ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY
BEFORE USING WWW.ILANTUS.COM (THIS "WEB SITE").
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE
OF THIS COPYRIGHT STATEMENT AND TERMS OF USE (COLLECTIVELY,
"TERMS OF USE"). IF YOU DO NOT ACCEPT
THESE TERMS OF USE, DO NOT USE THIS WEB SITE.
ILANTUS reserves the right to modify these Terms
of Use without notice and any modifications are
effective when they are posted here. ILANTUS may,
at any time, in its discretion terminate your access
to this Web Site. Access to the Web Site may be
monitored by ILANTUS. If you are accessing this
Web Site as a representative of an organization,
these Terms of Use bind both you individually and
the organization and references to "you"
and "your" shall be construed to apply
to you individually and the organization.
While ILANTUS maintains copyright protection in
all materials, information and publications (collectively,
"Web Site Information") it places on this
Web Site, ILANTUS consents to normal downloading,
copying and distribution of the information for
non-commercial purposes by you or within your organization
only. In consideration of this consent, you agree
that copies of the Web Site Information will retain
all copyright and other proprietary notices and
that you will not modify the Web Site Information
in any way. Except where your use constitutes "fair
use" under copyright law, you may not otherwise
use, download, upload, copy, print, display, perform,
reproduce, publish, or distribute any Web Site Information,
in whole or in part, without the prior written consent
of ILANTUS.
As a condition of your use of this Web Site, you
will not use the Web Site or the Web Site Information
for any purpose that is unlawful or prohibited by
these Terms of Use. You will not use this Web Site
in any manner that could damage, disable, overload
or impair the operation of this Web Site or use
by third parties.
Certain restricted product information is available
on this Web Site only to licensed customers of ILANTUS
that are registered to receive information via passwords
issued by ILANTUS. This restricted information is
considered confidential and proprietary information
of ILANTUS. If you are a registered customer or
a representative of a registered customer, ILANTUS
authorizes you to download, copy, distribute and
use the restricted information for yourself or,
if applicable, only within the customer organization,
and only for the intended purposes authorized by
ILANTUS. Issuance of a registration password is
conditioned on the customer's use of the information
in accordance with the terms of their license, product
or service agreement with ILANTUS. You shall not
transfer your password to unauthorized parties.
You will immediately notify ILANTUS of any unauthorized
use of your password. You are responsible for use
of your password. You will not attempt to gain unauthorized
access to any Web Site Information or area within
this Web Site.
Certain information available on this Web Site is
provided by other parties, particularly information
about such other parties. You understand that all
such information, data, text, software, music, sound,
photographs, graphics, video, messages, or other
materials, are the sole responsibility of the party
who originated it and that ILANTUS has no responsibility
for such content and does not guarantee the accuracy,
integrity or quality of such content. In no event
is the inclusion of a statement about another party,
a reference to such other party or a web-link to
another party's website an endorsement of such other
party, their products or their services.
You may link to the ILANTUS home page, but are not
authorized to link to any other page on the ILANTUS
Web site without the prior express written consent
of ILANTUS provided that ILANTUS reserves the right
to withdraw this consent at any time in its discretion.
You may not use any of ILANTUS's proprietary logos,
marks, or other distinctive graphics, video, or
audio material in your links. You may not link in
any manner reasonably likely to 1) imply affiliation
with or endorsement or sponsorship by ILANTUS; 2)
cause confusion, mistake, or deception; 3) dilute
ILANTUS's trademarks, service marks or trade names;
or 4) otherwise violate applicable law.
ILANTUS makes no representations or promises to
develop, provide or market any software, service
or product discussed on this Web Site, and you shall
not rely on the information provided or the prospect
of availability of any software, service or product
currently in development or currently anticipated
to be made available in the future.
Web Site Information may refer to products, programs
or services that are not available in your country.
Consult your local ILANTUS representative for information
about the products, programs and services that may
be available to you.
Any software that is available for download from
this Web Site is the copyrighted property of ILANTUS
and/or its supplies. Any use or reproduction of
any such software and warranties as to such software,
if any, are governed by the terms of the license
agreement applicable to that software. Any use of
any other product or service and warranties as to
such product or service purchased by you using,
or in connection with, this Web Site, if any, is
governed by the terms of the agreement applicable
to that product or service
Neither ILANTUS nor any of its affiliates or suppliers
or its or their officers, directors, employees,
agents, representatives or subcontractors (collectively,
the "BMC Group") shall be liable for any
loss or liability resulting, directly or indirectly,
from delays or interruptions due to electronic or
mechanical equipment failures, denial of service
attacks, date data processing failures, telecommunications
or Internet problems, utility failures or problems,
defects, weather, strikes, walkouts, fire, acts
of God, riots, armed conflicts, acts of war or other
like causes beyond the reasonable control of ILANTUS.
ILANTUS shall have no responsibility to provide
access to this Web Site while the interruption of
this Web Site due to any such cause shall continue.
ILANTUS may discontinue providing access to this
Web Site at any time
Disclaimer;
Limitation of Liability; Indemnity
This Web Site and all Web Site Information is provided
"AS IS" and WITHOUT WARRANTY OR CONDITION
OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE
REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING
FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
It is up to you to take precautions to ensure that
whatever you select for your use is free of such
items as viruses, worms, trojan horses and other
items of a destructive nature.
IN NO EVENT WILL ANY MEMBER OF THE BMC GROUP BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST
DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING
OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF, THIS SITE OR ANY SITE LINKED TO WWW.BMC.COM.
WITHOUT LIMITING THE FOREGOING, NO MEMBER OF THE
BMC GROUP SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT
FROM THE USE OF THIS WEB SITE OR ANY WEB SITE INFORMATION
WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT
OR ANY OTHER LAW OR CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE
ABOVE MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify and hold
the ILANTUS harmless from and against any and all
claims, liabilities, damages, losses or expenses,
including reasonable attorneys' fees and costs,
arising out of or in any way connected with your
access to or use of this Web Site or any Web Site
Information.
Export
and Trade Controls
You agree not to import, export, re-export, or transfer,
directly or indirectly, any part of this Web Site
or any Web Site Information provided on or pursuant
to this Web Site except in full compliance with
all United States, foreign and other applicable
laws and regulations.
Submissions
Any information, material or idea you submit to
this Web Site by any means will be treated as non-confidential
and non-proprietary and may be used by ILANTUS and
its affiliates for any purpose whatsoever, including
without limitation the development and/or provision
of products and services except that all personal
data submitted to this Web Site will be used by
ILANTUS in accordance with its Privacy policy. You
shall not post or otherwise transmit to or from
this Web Site by any means any defamatory, libelous,
obscene, unlawful, or pornographic material or any
other material or information which could result
in any civil or criminal liability.
Restricted
Rights Legend
U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED --
RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE
UNITED STATES. Use, duplication, or disclosure by
the U.S. Government of any Web Site Information
(all technical data is "Limited Rights Data")
or any software (all of which is "Commercial
Computer Software") downloaded from this Web
Site is subject to restrictions set forth in FAR
Section 52.227-14 Alt. III (g)(3), FAR Section 52.
227-19, DFARS 252.227-7014 (b) or DFARS 227.7202,
as amended from time to time.
Severability
If any provision of these Terms of Use are found
to be unlawful or unenforceable in any respect,
the court shall reform such provision so as to render
it enforceable (or, if it is not possible to reform
such provision so as to make it enforceable, then
delete such provision). As so reformed or modified,
the court shall fully enforce these Terms of User.
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Copyright
© 2006 ILANTUS. All rights reserved
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