MagOasis LLC Web Site Agreement
The magoasis.com
Web Site (the "Site") is an online software sales, engineering
consulting and information service provided by MagOasis LLC ("magoasis.com
"), subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. magoasis.com
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright,
Licenses and Idea Submissions.
The entire contents
of the Site are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are magoasis.com, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to
magoasis.com a non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by e-mail to magoasis.com
by all means and in any media now known or hereafter developed. You also grant
to magoasis.com the right to use your name in connection with the submitted
materials and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you shall
have no recourse against magoasis.com for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
magoasis.com.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of magoasis.com.
Other product and company names mentioned in the Site may be the trademarks of
their respective owners.
2. Use of the Site.
You understand
that, except for information, products or services clearly identified as being
supplied by magoasis.com, magoasis.comdoes not
operate, control or endorse any information, products or services on the
Internet in any way. Except for magoasis.com- identified information, products
or services, all information, products and services offered through the Site or
on the Internet generally are offered by third parties, that are not affiliated
with magoasis.com. You also understand that magoasis.com cannot and does not
guarantee or warrant that files available for downloading through the Site will
be free of infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. magoasis.com
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND magoasis.com SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. magoasis.com DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
NO HACKING, UNLAWFUL OR PROHIBITED USE
You agree not to use the web site or gain access to it directly or indirectly, in a manner that is separately or severally prohibited, injurious or inhibiting to its normal and efficient operation.
LIMITATION OF LIABILITY
IN NO EVENT WILL
magoasis.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF magoasis.com OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, magoasis.com LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
magoasis.com makes no representations whatsoever about any other web
site which you may access through this one or which may link to this Site. When
you access a non-magoasis.com web site, please understand that it is
independent from magoasis.com, and that magoasis.com has no control over the
content on that web site. In addition, a link to a magoasis.com web site does
not mean that magoasis.com endorses or accepts any responsibility for the
content, or the use, of such web site.
3. Indemnification.
You agree to
indemnify, defend and hold harmless magoasis.com, its officers, directors,
employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any other
person accessing the Service.
4. Third Party Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit
of magoasis.com and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
Termination.
This Agreement may
be terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous
You agree to comply in all respects with the rules and regulations that may be presented to you in various areas of the web site in order for you to complete financial transactions or for you to gain access to various products and services available in the web site.
This Agreement
shall all be governed and construed in accordance with the laws of The United
States of America applicable to agreements made and to be performed in The
United States of America. You agree that any legal action or proceeding between
magoasis.com and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in The United States of America. magoasis.com's failure to
insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. magoasis.com may
assign its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not
expressly granted herein are reserved.
