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Your use of this web site means that you agree to the following
terms of use (the "Terms of Use"). If you do not agree with these terms you
should leave this Web site (the "Site") immediately.
This Site is owned and operated by
KLH Software, Inc. which owns or licenses all the material on this Site.
GRANT OF LICENSE TO ANY SOFTWARE DOWNLOADED IS SUBJECT TO THE END
USER LICENSE AGREEMENT INCLUDED WITH THE SOFTWARE.
Any software downloaded by you from this Site, including, without
limitation, any files, images incorporated in or generated by the software and
data accompanying the software (collectively, the "Software") is licensed to you
for your PERSONAL USE by KLH Software, Inc.. Downloading the Software does not
transfer title to the Software, or any intellectual property rights therein, to
you. You may not redistribute, sell, decompile, reverse engineer, disassemble,
or otherwise reduce the Software to a machine or human readable form.
This Web site contains copyrighted animations, photographs,
images, videos, text, music, and sounds (collectively the "Content"). It is
illegal to duplicate, download or distribute any Content from this Site except
for your PERSONAL USE and are subject to the Usage Guidelines. You may not use
photos or images of people or identifiable entities in any manner that suggests
the endorsement or association of any product or service or in connection with
any pornographic or immoral materials or for any commercial purposes.
The design or layout of the web sites: www.klhsoftware.com,
www.APS-2005.com, www.aps2004.com, www.aps-2005.com, www.aps2005.com or any other web site
owned, operated, licensed, or controlled by
KLH Software, Inc., is protected by United
States and International law and other intellectual property proprietary rights
and may not be copied or imitated in whole or in part.
LIMITATION OF WARRANTY AND DAMAGES EXCEPT AS PROVIDED IN THE END
USER LICENSE AGREEMENT THAT COMES WITH THE SOFTWARE,
KLH Software, Inc. MAKES NO
REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED
DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS
DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR
IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES
THE ONLY WARRANTY MADE BY KLH Software, Inc. WITH RESPECT TO THE SITE, CONTENT AND
SOFTWARE.
KLH Software, Inc. DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS
CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS,
DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT
KLH Software, Inc. WILL CORRECT
ANY ERRORS, OMISSIONS OR DEFECTS. YOU ASSUME THE COST OF SERVICE, REPAIRS OR
CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT.
IN NO EVENT WILL
KLH Software, Inc. OR ANY OF ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF
KLH Software, Inc. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF
KLH Software, Inc.
OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS
OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING
THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PRODUCT AVAILABILITY Products, services, and programs in this
publication may not be available in your country. References to any product,
service or program do not imply that
KLH Software, Inc. intends to make available such
products, services or programs in your country.
UNITED STATES GOVERNMENT EXPORT CONTROLS Software from this Site
is subject to United States export controls. No software 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.
LINKS TO THIRD PARTY SITES.
KLH Software, Inc. PROVIDES LINKS TO
THIRD-PARTY SITES AS A CONVENIENCE TO YOU.
KLH Software, Inc. DOES NOT CONTROL THIRD
PARTY SITES OR LINKS TO THIRD PARTY SITES.
KLH Software, Inc. IS NOT RESPONSIBLE FOR
THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS
BY KLH Software, Inc. OF SUCH SITES.
OTHER LEGAL INFORMATION These Terms of Use shall be governed by
and construed in accordance with the laws of Idaho, U.S.A. These Terms of Use
contain the entire understanding of the parties hereto relating to the use of
this Site and supersedes any prior written or oral agreement or understandings
between the parties with respect to this Site, and cannot be changed or
terminated orally. The invalidity or unenforceability of any provision of these
Terms of Use will not affect the validity or enforceability of any other
provision of these Terms of Use.
KLH Software, Inc. reserves the right to terminate
these Terms of Use without notice, if, in
KLH Software, Inc.'s sole discretion, you
fail to comply with any term of these Terms of Use. Upon termination, you must
destroy all materials obtained from this Site, copies and related documentation
thereof. In addition, KLH Software, Inc. reserves the right to terminate this Site
without notice.
Microsoft, Windows and the Windows logo are registered trademarks
of the Microsoft Corporation.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
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