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Permission is granted to display, copy, distribute and download Percussion's Materials on this Web site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials.
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Percussion is committed to respecting others' intellectual property rights, and we ask our users to do the same. Percussion may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Web site, please contact us at firstname.lastname@example.org with the following information:
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Installation assistance, product support and maintenance, if any, of the Software are available from Percussion and/or the Third Party Providers, as the case may be.
Software is warranted, if at all, in accordance with the terms of the license agreement. Except as set forth in the license agreement, all expressed or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid.
Unless otherwise explicity stated, the materials on the Web site are provided "as is", are experimental, and are for commercial use only, and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. Percussion makes no representations, warranties, or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the materials contained on the Web site. Any questions regarding the materials should be directed to the providers of such materials.
Percussion shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading materials from its Web site. In no event shall Percussion be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach or in tort, even if Percussion has been previously advised of the possibility of such damage.
You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Web site and will not make a claim against Percussion
You agree to hold percussion harmless from, and you covenant not to sue percussion for, any claims based on using the Web site.
Percussion controls and operates this Web site from its headquarters in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Web site are solely directed to individuals, companies or other entities located in the United States, the United Kingdom, European Economic Union and Australia.
You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Percussion, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This Web site could include inaccuracies or typographical errors. Percussion and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web site at any time without notice. Changes are periodically made to the Web site.
Any action related to these Terms will be governed by Massachusetts's law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
These Terms represent the entire understanding relating to the use of the Web site and prevail over any prior or contemporaneous, conflicting or additional, communications. Percussion can revise these Terms at any time without notice by updating this posting.
Percussion, the Percussion Logo, Lyrix, Notrix, PowerFlow, Rhythmyx, ServerAdmin Plus, all Percussion product logos, and "Practical ECM for a Multi-Channel World" are trademarks or registered trademarks of Percussion Software, Inc. in the United States and other countries.
Lotus and Lotus Notes are registered trademarks and Notes and Domino are trademarks of IBM Corporation.
Java and all Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries. All other software and hardware products mentioned by name may be claimed as trademarks by the companies that manufacture the products. It is not our intention to claim these names or trademarks as our own.
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