AGREEMENT BETWEEN USER AND DNN Professor
The DNN Professor Web Site is comprised of various Web
pages operated by DNN Professor.
The DNN Professor Web Site is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the
DNN Professor Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
DNN Professor
reserves the right to change the terms, conditions, and notices under which the
DNN Professor Web Site is offered, including but not limited to the
charges associated with the use of the DNN Professor Web Site.
LINKS TO THIRD PARTY SITES
The DNN Professor Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites are not
under the control of DNN Professor and DNN Professor is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
DNN Professor is not responsible for webcasting or any other form of
transmission received from any Linked Site. DNN Professor is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by DNN Professor of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
DNN Professor Web Site, you warrant to DNN Professor that you will not
use the DNN Professor Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the
DNN Professor Web Site in any manner which could damage, disable,
overburden, or impair the DNN Professor Web Site or interfere with any
other party's use and enjoyment of the DNN Professor Web Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the DNN Professor Web
Sites.
FILE DOWNLOAD AGREEMENT
This agreement applies to the download and use of computer files,
applications, extensions, and components (collectively, "DOWNLOADED FILES") posted in this
Download Area of DNN Professor.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND Jive Media Group LLC (THE
COMPANY) WHICH SPECIFIES THE LICENSE TERMS AND WARRANTY AND LIABILITY
LIMITATIONS REGARDING YOUR USE OF DOWNLOADED FILES MADE AVAILABLE BY THE
COMPANY.
NON-THE COMPANY FILES AVAILABLE THROUGH THIS DOWNLOAD AREA ARE SUBJECT TO THE
SPECIFIC LICENSE CONDITIONS OF THEIR RESPECTIVE AUTHORS, AND ARE ADDITIONALLY
SUBJECT TO BOTH THE LIABILITY AND WARRANTY LIMITATIONS OF THIS LICENSE
AGREEMENT. INSTALLATION OR USE OF THESE DOWNLOADED FILES INDICATES YOUR
ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS
AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE ANY OF THESE FILES.
Not Commercial Software
THE DOWNLOADED FILES SUBJECT TO THIS AGREEMENT ARE NOT COMMERCIAL SOFTWARE. THEY
ARE NOT COVERED BY ANY OTHER WARRANTY CONTAINED IN ANY OTHER LICENSE AGREEMENT
BETWEEN YOU AND THE COMPANY. THE COMPANY HAS PERFORMED NO QUALITY ASSURANCE
TESTING AND WILL NOT MAINTAIN AND SUPPORT ANY DOWNLOADED FILES UNLESS OTHERWISE
EXPLICITLY INDICATED.
No Additional Licenses
This Agreement does not authorize you, in any manner or medium, to use THE
COMPANY's names, logos, or trademarks or to indicate that you are using a THE
COMPANY file. You acknowledge and agree that all rights, title, and interest in
and to the file belong to THE COMPANY or the creator of such downloadable file.
You do not derive and will not be able to assert any title or interest in the
Downloaded File other than the rights and licenses granted under this Agreement.
You acknowledge and agree that you do not receive any rights to patents,
copyrights, trademarks, or any other rights or licenses belonging to THE COMPANY
or other creator of the Downloaded File beyond those expressly granted in this
Agreement (or any agreement accompanying a third-party Downloaded File).
Termination
THE COMPANY may terminate this Agreement at any time for any reason (or no
reason), with or without notice. Upon any termination of this Agreement, all
rights granted herein shall immediately terminate, and you must promptly return
to
THE COMPANY or destroy all copies of all Files Downloaded from this download
area.
Risk of Use
YOU UNDERSTAND THAT THE DOWNLOADED FILES MAY NOT HAVE BEEN TESTED AND MAY HAVE
ERRORS AND PRODUCE UNEXPECTED RESULTS. YOUR USE OF ANY DOWNLOADED FILE IS
ENTIRELY AT YOUR OWN RISK.
No Warranty
THE DOWNLOADED FILES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR
REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A
PARTICULAR PURPOSE.
Indemnification
You agree to defend, indemnify, and hold harmless THE COMPANY against and in
respect of any claim, suit, loss, damages, obligations, penalty, deficiency, or
liability (including, without limitation, attorneys' fees) imposed upon,
incurred
by, or asserted against THE COMPANY that result from or are alleged to result
from
(a) any breach of this Agreement, (b) any acts, misrepresentations, or omissions
in connection with this Agreement, (c) any modification or alteration of a
Downloaded File, and/or (d) any warranty, condition, representation, or
indemnity
granted by you for any Downloaded File.
Limitation on Liability
IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
THE
INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A
BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT
TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF THE COMPANY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL THE COMPANY'S LIABILITY EXCEED
THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO THE COMPANY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY
LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, THE COMPANY'S LIABILITIES
SHALL BE LIMITED BY THIS LIMITATION ON LIABILITY PROVISION.
Export Law Assurances
You acknowledge that the Downloaded Files are subject to the export control laws
and regulations of the United States. You confirm and agree that you will not
export any Downloaded File, directly or indirectly, to any country or end user
that is subject to United States export restrictions, or import into any
country,
except as permitted by the laws and regulations of the applicable country.
U.S. Government Restricted Rights
If this license is acquired under a U.S. Government contract, use, duplication,
or
disclosure by the U.S. Government is subject to restrictions as set forth in
DFARS
252.227-7013(c)(1)(ii) for Department of Defense contracts and as set forth in
FAR
52.227-19(a)-(d) for civilian agency contracts. THE COMPANY reserves all
unpublished rights under the United States Copyright laws.
Miscellaneous
You have no authority to act on THE COMPANY's behalf or to bind THE COMPANY to
any
obligation or representation, and you and THE COMPANY shall not be deemed to be
partners, joint venturers, or agents of the other. The internal laws of the
Commonwealth of Washington control this Agreement if you are located in the
United
States or in any other country. The provisions relating to No Additional
Licenses, Termination, No Warranty, Limitation on Liability, Indemnification,
Export Law Assurances, and Miscellaneous shall survive the termination of this
Agreement. This Agreement is the complete agreement between you and THE COMPANY
Corporation concerning the Software Component. The failure or delay of THE
COMPANY to exercise any of its rights under this Agreement or upon any breach of
this Agreement is not a waiver of those rights or of the breach.
USE OF COMMUNICATION SERVICES
The DNN Professor Web Site may
contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
not:
-
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
-
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
-
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
-
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
-
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
-
Conduct or forward surveys, contests, pyramid schemes or chain letters.
-
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
-
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
-
Restrict or inhibit any other user from using and enjoying the Communication
Services.
-
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
-
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
-
Violate any applicable laws or regulations.
DNN Professor has no obligation to monitor the Communication Services.
However, DNN Professor reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
DNN Professor reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason
whatsoever.
DNN Professor reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in DNN Professor's sole
discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication Service.
DNN Professor does not control or endorse the content, messages or
information found in any Communication Service and, therefore,
DNN Professor specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized DNN Professor
spokespersons, and their views do not necessarily reflect those of
DNN Professor.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO DNN Professor OR POSTED AT ANY DNN Professor WEB
SITE
DNN Professor does not claim ownership of the materials you provide to
DNN Professor (including feedback and suggestions) or post, upload, input
or submit to any DNN Professor Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting DNN Professor, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. DNN Professor is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
DNN Professor's sole discretion.
By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DNN Professor WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. DNN Professor AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE DNN Professor WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE DNN Professor WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DNN Professor AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
DNN Professor WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
DNN Professor AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
DNN Professor AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
DNN Professor WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
DNN Professor WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE DNN Professor WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE DNN Professor WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
DNN Professor OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE DNN Professor WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DNN Professor WEB SITE.
SERVICE CONTACT : support@dnnprofessor.com
TERMINATION/ACCESS RESTRICTION
DNN Professor reserves the right, in its sole discretion, to terminate your
access to the DNN Professor Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Minnesota, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in Sherburne County, Minnesota, U.S.A. in all disputes arising out
of or relating to the use of the DNN Professor Web Site. Use of the
DNN Professor Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and DNN Professor as
a result of this agreement or use of the DNN Professor Web Site.
DNN Professor's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
DNN Professor's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the
DNN Professor Web Site or information provided to or gathered by
DNN Professor with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and DNN Professor with
respect to the DNN Professor Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and DNN Professor with respect to the
DNN Professor Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up
in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the DNN Professor Web Site are:
Copyright 2008 by Jive Media Group LLC. All Rights Reserved. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are
reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.