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January 2008
Please read the Terms of Use before accessing or using this Site.
ACCEPTANCE OF TERMS
By accessing or using this Site in any way, including using any Services, downloading
Materials or merely browsing the Site (capitalized terms defined below), you agree
to and are bound by the terms and conditions set forth in this document and in any
changes thereto that Digital Inventory Specialists may publish from time to time
(collectively, the “Terms of Use”). If you do not agree to all of the terms
and conditions contained in the Terms of Use, do not access or use
this Site.
Digital Inventory Specialists may change the Terms of Use and other guidelines and
rules posted on the Site from time to time at its sole discretion. Your continued
access or use of the Site, or any Materials or Services, constitutes your acceptance
of the changes. Your access and use of the Site, Materials and Services will
be subject to the most current version of the Terms of Use, rules and guidelines
posted on the Site at the time of such use. Please regularly check the “Terms of
Use” link on the home page of Digital Inventory Specialists,
www.dis-inventory.com to view the then-current terms.
If you breach any of the Terms of Use, your authorization to access or use this
Site, Services and Materials automatically terminates, and any Materials downloaded
or printed from the Site in violation of the Terms of Use must be immediately destroyed.
THE SITE
Digital Inventory Specialists Incorporated’s web site with links to the Terms of
Use (collectively, the “Site”), and the Materials and Services, available for your
access and use subject to the Terms and Use. “Materials” means all information,
data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.) communications,
downloads, files, text, images, photographs, graphics, videos, webcasts, publications,
content, tools, resources, software, code, programs and products made available
or enabled via the Site by Digital Inventory Specialists or users of this Site.
“Services” means all services and resources offered or enabled via the Site by Digital
Inventory Specialists and users of the Site, including download areas, tools services,
product and other information services and communications services such as bulletin
boards, calendars, chat areas, communities, e-mail, forums, newsgroups, personal
webpages, and other message or communication facilities designed to enable you to
communicate with others (collectively, “Communications Venues”). All Materials provided
by Digital Inventory Specialists are referred to collectively as “Digital Inventory
Specialists Materials”.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
The Materials and Services, as well as their selection and arrangement, are protected
by copyrights, trademarks, patents, trade secrets and all other intellectual property
and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized
use of the Materials or Services may violate such laws and the Terms of Use. Except
as expressly provided herein, Digital Inventory Specialists do not grant any express
or implied rights to use of the Materials and Services. You agree not to copy, republish,
frame, download, transmit, modify, adapt, create derivative works based on, rent,
lease, loan, sell, assign, distribute, display, perform, license, sublicense or
reverse engineer the Site, Materials or Services, any portions of the Site, Materials
or Services or the selection and arrangement of the Site, Materials or Services,
except as expressly authorized herein. In addition, you agree not to use any data
mining, robots or similar data gathering and extraction methods in connection with
the Site, Services or Materials.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the
property of Digital Inventory Specialists Incorporated, refer to Trademark link
on this Site. You are not permitted to use the Marks without the prior written consent
of Digital Inventory Specialists Incorporated. The Digital Inventory Specialists’
logo are trademarks of Digital Inventory Specialists Incorporated.
USE OF SITE AND SERVICES
You shall pay all costs and charges, that you incur in order to access or use the
Site, Services and Materials. You must adhere to all limitations on dissemination,
usage and reproduction of any Materials that you download from the Site that are
subject to such limitations. You agree to use the Services only to access, download,
utilize, post, send or receive Materials in an appropriate manner as related to
the particular Materials or Services being accessed or used by you. As some examples
of improper activities when accessing or using the Site, Services or Materials,
you agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses,
phone numbers, personal information or any other information about others.
- Use or attempt to gain access to or use another’s account, password, Service, Materials
or computer systems or networks connected to any Digital Inventory Specialists server
or to the Site without authorization from Digital Inventory Specialists, whether
through hacking, password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark or other
legal proprietary rights notices, author attributions or other information such
as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to access or
Materials through any means not intentionally made available through the Site or
Services.
- Make available any files containing Materials where you do not own or control, or
have not received the necessary licenses to, all Intellectual Property Rights, rights
of privacy and publicity and all other rights in and to such Materials.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site,
or any Services, Materials, systems resources, accounts, passwords, servers or networks
connected to or accessible through the Site.
- Transmit unsolicited or bulk communications to Digital Inventory Specialists, www.dis-inventory.com or affiliated e-mail
address, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any Materials that you know, or reasonably should know, cannot be legally
reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or
other Materials or Services.
- Breach any guidelines or other codes of conduct applicable to a particular Service
or Materials.
- Access or use the Site in any manner that could damage, disable, overburden or impair
any Digital Inventory Specialists’ server or the network (s) connected to any Digital
Inventory Specialists’ server.
- Violate any applicable laws or regulations related to the access to or use of the
Site, or engage in any activity prohibited by the Terms of Use.
- Post or otherwise submit any topic, name, material or information that is child
pornography, defamatory, excessively violent, harassing, inappropriate, indecent,
lascivious, lewd, obscene, profane, racist, unlawful, otherwise objectionable.
- Prepare, compile, use, download or otherwise copy any Site user directory or other
user or usage information or any portion thereof, or transmit, provide or otherwise
distribute (whether or not for a fee) such directory or information to any third
party.
- Engage in any junk e-mail, schemes, spamming, surveys or any other duplicative or
unsolicited messages (commercial or otherwise).
- Use any Digital Inventory Specialists domain name as a pseudonymous return e-mail
address.
- Market any goods or services for any business purpose (including advertising and
making offers to buy or sell goods or services), unless specifically allowed to
do so by Digital Inventory Specialists.
When using Services or Materials, you will be subject to any posted guidelines,
rules or licenses applicable to such Services or Materials, in addition to the Terms
of Use.
Certain Services and Materials will only be made available to users who have paid
Digital Inventory Specialists a fee for such Services and Materials. Such users
may be required to enter into a subscription agreement or other use agreement for
that particular Service or Material. In addition to these Terms of Use, users of
any Services that include Communications Venues may be required, in Digital Inventory
Specialists’ sole discretion, to agree to a separate legal agreement on the Site
or otherwise. Your access to such Communication Venues will be denied for violation
of either the Terms of Use or the applicable agreement.
Digital Inventory Specialists, in its sole discretion, may (but has no obligation
to) monitor or review the Materials and Services at any time. Digital Inventory
Specialists may at any time without notice and in its sole discretion:
(a) terminate a Service, access to or use of any Materials or an areas of the Site
where Materials are posted; and (b) disclose any information related to your use
of a Service or Materials, as Digital Inventory Specialists deems necessary to comply
with applicable law, regulation, legal process or governmental request.
If you are required to establish an account in connection with a particular Service
or Material, you must complete the designated registration process for such Service
or Material. All required registration information that you provide must be current,
complete and accurate and kept up to date on a prompt, timely basis. If required,
you must also choose a user name and password for such account. It is your sole
responsibility to keep your account number, user name, password or other sensitive
information confidential. If you become aware of any unauthorized use of your account
or any other breach of security, you shall notify Digital Inventory Specialists
immediately. If any information (including customer lists and contractual terms),
then by accessing or using this Site and setting up a password-restricted account
for such Services or Materials, you consent to Digital Inventory Specialists’ display
of such information via such Services or Materials and accept all risks of unauthorized
access to such information.
USE OF SOFTWARE
Materials encompassing any software code, including programs, tools, utilities,
files and otherwise, and accompanying documentation that are made accessible via
the Site (collectively, “Software”) are the copyrighted and patented work of Digital
Inventory Specialists. Use of such Software is governed by the terms of the license
agreement that accompanies or is included with the Software, or by the license agreement
expressly stated on the Site pages (s) accompanying the Software. Other terms and
licenses may only be posted with the Software downloads or at the Site page where
the Software can be accessed. You will not be able to use, download or install any
Software that is accompanied by or includes a license agreement unless you agree
to the terms of such license agreement. Absent a license agreement that accompanies
the Software, use of the Software will be governed by the Terms of Use. You agree
that you will not decompile, reverse engineer or otherwise attempt to discover the
source code of the Software. The Software is made available solely in accordance
with the license agreement. Without limiting the foregoing, unless the accompanying
license agreement expressly allows otherwise, any copying or redistribution of the
Software is prohibited, including any copying or reproduction of the Software to
any other server or location for further reproduction, redistribution or use on
a service bureau basis. Any unauthorized use, copying or distribution of the
Software is expressly prohibited by law, and may result in severe civil or criminal
penalties. Violators will be prosecuted to the maximum extend possible.
USE OF DIGITAL INVENTORY SPECIALSTS’ (DIS) MATERIALS AND USER CONTENT
Except as indicated to the contrary elsewhere on this Site, you may view, download,
and print the Digital Inventory Specialists Materials and User Content available
on this Site subject to the following conditions.
- The DIS Materials and User Content may be accessed and used solely for personal,
informational, non-commercial and internal purposes.
- The DIS Materials and User Content may not be modified or altered in any way.
- The DIS Materials and User Content on the Site may not be distributed or sold, rented,
leased, licensed or otherwise made available to others.
- You may not remove any copyright or other proprietary notices contained in the DIS
Materials and User Content.
- You may not copy or distribute any graphics in the DIS Materials or User Content
apart from their accompanying text.
- You will not quote or display DIS Materials or User Content, or any portions thereof,
out of context.
- DIS reserves the right to revoke the authorization to view, download and print the
DIS Materials and User Content available via this Site at any item, and any such
use shall be discontinued immediately upon notice with DIS.
- The rights granted to you constitute a license and is not a transfer of title.
- DIS Materials and User Content comprised of Software are subject to the additional
provisions governing Software set forth herein.
- Any DIS Materials or User Content made available only upon payment of a fee or execution
of a separate agreement may only be viewed, downloaded and printed subject to your
payment of such fee or execution of such separate agreement.
- Any DIS Materials or User Content acquired upon your execution of a required separate
agreement shall be provided with the additional rights and obligations set forth
in that agreement, and your rights to such DIS Materials or User Content shall immediately
terminate if you fail to meet your obligations under or otherwise comply with such
agreement or the terms and conditions of the Terms of Use.
Use of the Digital Inventory Specialists’ Materials or User Content for any
other purpose is expressly prohibited and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print the Digital Inventory Specialists
Materials and User Content available on this Site are not applicable to the design,
layout or look and feel of this Site. Such elements of the Site are protected by
law, including trade dress, trademark, unfair competition and other laws, and may
not be copied or imitated in whole or in part. No Mark, graphic, sound or image
from the Site may be copied or retransmitted unless expressly permitted by Digital
Inventory Specialists.
RESTRICTION AND TERMINATION OF USE
Digital Inventory Specialists, Inc. may block, restrict, disable, suspend or terminate
your access to all or part of the Site, Services and Materials at any time in Digital
Inventory Specialists’ sole discretion, without prior notice or liability to you.
WARRANTIES AND DISCLAIMERS
The Site, Services and Materials, are provided by Digital Inventory Specialists
under these terms of use “as is” without warranty of any kind, either express, implied,
statutory or otherwise, including, but not limited to, the implied warranties of
title, non-infringement, merchantability or fitness for a particular purpose. Without
limiting the foregoing, Digital Inventory Specialists makes no warranty that (i)
the Site, Services or Materials will meet your requirements; (ii) the Site, Services
or Materials will be uninterrupted, timely, secure, or error-free; (iii) the results
that my be obtained from. The use of the Site, Services or Materials will be effective,
accurate, or reliable; (iv) the quality of the Site or any Services or Materials
purchased or accessible by you will meet your expectations; (v) and any errors or
defects in the Site, Services or Materials will be corrected.
This Site, Services and Materials may include technical or other mistakes, inaccuracies,
or typographical errors. Digital Inventory Specialists may make changes to the Site,
Materials and Services, including the prices and descriptions of any software or
products listed, at any time in its sole discretion and without notice. The Site
Materials and Services may be out of date, and Digital Inventory Specialists makes
no commitment to update the Site, Materials and Services.
Digital Inventory Specialists does not control or endorse the Materials found in
any Services and specifically disclaims any liability with regard to the Site, Services
and any actions resulting from your use of the Site and Materials and participation
in any Services. Managers, hosts, participants and other third parties are not authorized
Digital Inventory Specialists spokespersons, and their views do not necessarily
reflect those of Digital Inventory Specialists. To the maximum extend permitted
by law, Digital Inventory Specialists will have no liability related to user materials,
arising under intellectual property rights, libel, privacy, publicity, obscenity
or other laws. Digital Inventory Specialists also disclaims all liability with respect
to the misuse, loss, modification or unavailability of any user materials.
The use of the Site, Services or the downloading or other use of any Materials is
done at your own discretion and risk and with your agreement that you will be solely
responsible for any damage to your computer system. Loss of data or other harm that
results from such activities. Digital Inventory Specialists assumes no liability
for any computer virus or other similar software code that is downloaded to your
computer from the Site or in connection with any Services or Materials. No advice
or information, whether oral or written, obtained by you from Digital Inventory
Specialists or via the Site, Services or Materials shall create any warranty not
expressly stated in the Terms of Use. Digital Inventory Specialists will not be
liable for any loss that you may incur as a result of someone else using your password
or account with respect to the Site or any Services or Materials, either with or
without your knowledge.
Some states or jurisdictions do not allow the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the above limitations may
not apply to you. To the extent permissible, any implied warranties are limited
to ninety (90) days.
INTERNATIONAL USERS
This Site can be accessed from countries around the world. The Site is controlled,
operated and administered by Digital Inventory Specialists Incorporated from its
offices within the United States of America. Digital Inventory Specialists makes
no representation that the Site, the Services or Materials are appropriate or available
for use at other locations outside the United States, and access to the Site from
territories where the Site, the Services or Materials are illegal is prohibited.
If you access the Site from a location outside the United States, you are responsible
for compliance with all local laws. See the section on export control laws below
for further information.
PERSONAL INFORMATION AND PRIVACY
Digital Inventory Specialists will use and protect your data, such as your name
and address, in accordance with the Digital Inventory Specialists Online Privacy
Policy, the contents of which are incorporated by reference into the Terms of Use.
Please be aware that your browser must be enabled to accept cookies in order for
you to use certain Materials and Services.
LIMITATION OF LIABILITY
In no event shall Digital Inventory Specialists Incorporated, its officers, directors,
employees, partners or suppliers be liable to you or any third party for any special,
punitive, incidental, indirect or consequential damages or losses of any kind, or
any damages or losses whatsoever, including those resulting from loss of use, data
or profits, whether or not foreseeable or if Digital Inventory Specialists has been
advised of the possibility of such damages or losses, and on any theory of liability,
including breach of contract or warranty, negligence or other tortuous action, or
any other claim arising out of or in connection with: (1) the access or use of or
the inability to access or use the Site, Services or Materials; (2) the statements
or actions of any third party on or via the Site, Services or Materials; (3) any
dealings with vendors or other third parties; (4) any unauthorized access to or
alteration of your transmissions, user materials or other data; (5) any information
that is sent or received or not sent or received; (6) any failure to store or loss
of data, files, materials or other content; (7) any services available that are
delayed or interrupted; (8) any web site referenced or linked to from this site;
(9) your access or use of or inability to access or use any linked site. Some jurisdictions
prohibit the exclusion or limitation of liability for consequential or incidental
damages, accordingly, the limitations and exclusions set forth above may not apply
to you.
SPAM E-MAIL AND POSTINGS
In the event of your or others’ access to or use of the Site, Services or Materials
in connection with the transmission of spam newsgroup postings or unsolicited e-mail
in violation of these Terms of Use, you acknowledge and agree that Digital Inventory
Specialistsb would be irreparable harmed there under and that monetary damages would
be an insufficient and ineffective remedy; therefore you agree that Digital Inventory
Specialists is entitles to obtain immediate injunctive relief against any such transmission
(in addition to all other remedies available at law or in equity). Digital Inventory
Specialists may without restriction block, filter or delete unsolicited e-mail.
EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of Digital Inventory Specialists Software are controlled
by the United States Export Administration Regulations, and such Software may not
be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any
country to which the United States embargoes goods. In addition, the Software may
not be distributed to persons on the Table of Denial Orders, the Entity List, or
the List of Specially Designated Nationals.
By downloading Software, your are certifying that you are not a national of Cuba,
Iran, Libya, North Korea, Sudan, Syria or any country to which the United States
embargoes, goods, and that you are not a person on the Table of Denial Orders, the
Entity List, or the List of Specially Designated Nationals.
All Digital Inventory Specialists Software, products and publications are commercial
in nature. Commercial Computer Software and Commercial Computer Software Documentation
are licensed to U.S. Government end users (A) only as Commercial Items and (B) with
only those rights as are granted to all other users pursuant to the Terms of Use
and the applicable license agreement.
GOVERING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Digital Inventory Specialists
Incorporated from its offices within the state of Arizona, United States of America.
By accessing this Site, you agree that all matters relating to your access to, or
use of, this Site shall be governed by the statutes and laws of the State of Arizona,
without regard to the conflicts of laws principles thereof. The parties specifically
disclaim the U.N. Convention on Contracts for the International Sale of Goods. You
also agree and hereby submit to the exclusive personal jurisdiction and venue of
the Superior Court of Yavapai County and the United States District Court for the
Northern District of Arizona with respect to such matters.
LANGUAGE
It is the express wish of the parties that the Terms of Use and all related documents
have been drawn up in English.
GENERAL
The Terms of Use and other rules, guidelines, licenses and disclaimers
posted via the Site or in connection with the Materials and Services constitute
the entire agreement between Digital Inventory Specialists and you with respect
to your access to or use of the Site, Materials and Services superseding any prior
agreements between you and Digital Inventory Specialists on such subject matter
(including any prior versions of the Terms of Use). Notwithstanding the foregoing,
to the extend that any terms set forth in the Terms of User expressly contradict
any terms of a written agreement between you and Digital Inventory Specialists regarding
the use of specific Services or Materials (including Service-specific terms of use
and Software-specific licenses) (“Executed Agreement”), such contradictory terms
set forth in the Executed Agreement shall govern. You may not assign or otherwise
transfer the Terms of Use nor any right granted hereunder without Digital Inventory
Specialists’ prior written consent. If for any reason a court of competent jurisdiction
finds any provision of the Terms of Use, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extend permissible so as to effect
the intent of the parties as reflected by that provision, and the remainder of the
Terms of Use shall continue in full force and effect. Any failure by Digital Inventory
Specialists to enforce or exercise and provision of the Terms of Use or related
right shall not constitute a waiver of that right or provision. The section titles
used in the Terms of Use are purely for convenience and carry with them no legal
or contractual effect.
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