ACCEPTANCE OF TERMS.
The services that Aglaya provides to you are subject
to the following Terms of Use ("TOU"). Aglaya
reserves the right to update the TOU at any time
without notice to you. The most current version of
the TOU can be reviewed by clicking on the "Terms of
Use" hypertext link located at the bottom of our Web
pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Aglaya
provides you with access to a variety of resources,
including developer tools, download areas,
communication forums and product information
(collectively "Services"). The Services, including
any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to
the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for
your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create
derivative works from, transfer, or sell any
information, software, products or services obtained
from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the
Privacy Statement disclosures relating to the
collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS
WEB SITE.
Any software that is made available to download from
the Services ("Software") is the copyrighted work of
Aglaya and/or its suppliers. Use of the Software is
governed by the terms of the end user license
agreement, if any, which accompanies or is included
with the Software ("License Agreement"). An end user
will be unable to install any Software that is
accompanied by or includes a License Agreement,
unless he or she first agrees to the License
Agreement terms.
The Software is made available for download solely
for use by end users according to the License
Agreement. Any reproduction or redistribution of the
Software not in accordance with the License
Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE
AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
WARRANTED IN THE LICENSE AGREEMENT, AGLAYA
CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, AGLAYA MAY MAKE AVAILABLE AS
PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. AGLAYA
DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM
SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON
THE SERVICES OR IN AGLAYA SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS
WEB SITE.
Permission to use Documents (such as white papers,
press releases, datasheets and FAQs) from the
Services is granted, provided that (1) the below
copyright notice appears in all copies and that both
the copyright notice and this permission notice
appear, (2) use of such Documents from the Services
is for informational and non-commercial or personal
use only and will not be copied or posted on any
network computer or broadcast in any media, and (3)
no modifications of any Documents are made.
Accredited educational institutions, such as K-12,
universities, private/public colleges, and state
community colleges, may download and reproduce the
Documents for distribution in the classroom.
Distribution outside the classroom requires express
written permission. Use for any other purpose is
expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
Documents specified above do not include the design
or layout of the Aglaya.com Web site or any other
Aglaya owned, operated, licensed or controlled site.
Elements of Aglaya Web sites are protected by trade
dress, trademark, unfair competition, and other laws
and may not be copied or imitated in whole or in
part. No logo, graphic, sound or image from any
Aglaya Web site may be copied or retransmitted
unless expressly permitted by Aglaya.
AGLAYA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
AGLAYA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL AGLAYA AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE
SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE
SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. AGLAYA AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND
SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL AGLAYA AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an
account, you must complete the registration process
by providing us with current, complete and accurate
information as prompted by the applicable
registration form. You also will choose a password
and a user name. You are entirely responsible for
maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible
for any and all activities that occur under your
account. You agree to notify Aglaya immediately of
any unauthorized use of your account or any other
breach of security. Aglaya will not be liable for
any loss that you may incur as a result of someone
else using your password or account, either with or
without your knowledge. However, you could be held
liable for losses incurred by Aglaya or another
party due to someone else using your account or
password. You may not use anyone else's account at
any time, without the permission of the account
holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will
not use the Services for any purpose that is
unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any
manner that could damage, disable, overburden, or
impair any Aglaya server, or the network(s)
connected to any Aglaya server, or interfere with
any other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized access to
any Services, other accounts, computer systems or
networks connected to any Aglaya server or to any of
the Services, through hacking, password mining or
any other means. You may not obtain or attempt to
obtain any materials or information through any
means not intentionally made available through the
Services.
MATERIALS PROVIDED TO AGLAYA OR POSTED AT ANY
AGLAYA WEB SITE.
Aglaya does not claim ownership of the materials you
provide to Aglaya (including feedback and
suggestions) or post, upload, input or submit to any
Services or its associated services for review by
the general public, or by the members of any public
or private community, (each a "Submission" and
collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting
("Posting") your Submission you are granting Aglaya,
its affiliated companies and necessary sublicensees
permission to use your Submission in connection with
the operation of their Internet businesses
(including, without limitation, all Aglaya
Services), including, without limitation, the
license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; to publish
your name in connection with your Submission; and
the right to sublicense such rights to any supplier
of the Services.
No compensation will be paid with respect to the use
of your Submission, as provided herein. Aglaya is
under no obligation to post or use any Submission
you may provide and Aglaya may remove any Submission
at any time in its sole discretion.
By Posting a Submission you warrant and represent
that you own or otherwise control all of the rights
to your Submission as described in these Terms of
Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or
submit the Submissions.
In addition to the warranty and representation set
forth above, by Posting a Submission that contain
images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you
warrant and represent that (a) you are the copyright
owner of such Images, or that the copyright owner of
such Images has granted you permission to use such
Images or any content and/or images contained in
such Images consistent with the manner and purpose
of your use and as otherwise permitted by these
Terms of Use and the Services, (b) you have the
rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c)
that each person depicted in such Images, if any,
has provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of
example, and not as a limitation, the distribution,
public display and reproduction of such Images. By
Posting Images, you are granting (a) to all members
of your private community (for each such Images
available to members of such private community),
and/or (b) to the general public (for each such
Images available anywhere on the Services, other
than a private community), permission to use your
Images in connection with the use, as permitted by
these Terms of Use, of any of the Services,
(including, by way of example, and not as a
limitation, making prints and gift items which
include such Images), and including, without
limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit,
translate and reformat your Images without having
your name attached to such Images, and the right to
sublicense such rights to any supplier of the
Services. The licenses granted in the preceding
sentences for a Images will terminate at the time
you completely remove such Images from the Services,
provided that, such termination shall not affect any
licenses granted in connection with such Images
prior to the time you completely remove such Images.
No compensation will be paid with respect to the use
of your Images.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE AGLAYA'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
AGLAYA AND AGLAYA IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN
A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH
SITES. AGLAYA IS NOT RESPONSIBLE FOR WEBCASTING OR
ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. AGLAYA IS PROVIDING THESE LINKS TO YOU
ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY ENDORSEMENT BY AGLAYA OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
AGLAYA OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW
ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS
OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING
PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER
WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
AGLAYA'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO AGLAYA. SO, PLEASE DO
NOT SEND YOUR UNSOLICITED IDEAS TO AGLAYA OR ANYONE
AT AGLAYA. IF, DESPITE OUR REQUEST THAT YOU NOT SEND
US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT AGLAYA MAKES NO ASSURANCES
THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © 2005 Aglaya, One A2/59, Safdarjung
Enclave, New Delhi 110029, India. All rights
reserved.
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