PERIPHERAL DYNAMICS INC. AGREEMENT
TERMS UNDER WHICH THIS SERVICE IS PROVIDED
RESTRICTIONS ON USE
This site is owned and operated by Peripheral Dynamics Inc. and contains material which is derived in whole or in part from material supplied by Peripheral Dynamics Inc. and other sources, and is protected by copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software(“MATERIAL”). You may download MATERIAL from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
LICENSE TO PERIPHERAL DYNAMICS INC.
By posting messages, uploading files, inputting data, or engaging in any other form of communication (a ” COMMUNICATION”) through this service, you are granting Peripheral Dynamics Inc. a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, or display any such COMMUNICATION; and
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the COMMUNICATION.
The foregoing grants shall include the right to exploit any proprietary rights in such COMMUNICATION, including but not limited to rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction.
THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PERIPHERAL DYNAMICS INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PERIPHERAL DYNAMICS INC. DOES NOT WARRANTY THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PERIPHERAL DYNAMICS INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT PERIPHERAL DYNAMICS INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Peripheral Dynamics Inc., it’s subsidiary and parent companies, or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use Peripheral Dynamics Inc.’s materials. You specifically acknowledge and agree that Peripheral Dynamics Inc. is NOT liable for any defamatory, offensive or illegal conduct of any user.
This Agreement is effective until terminated by Peripheral Dynamics Inc. at any time without notice. In the event of termination, you are no longer authorized to access the BULLETIN BOARDS and the restrictions imposed on you with respect to material download from the BULLETIN BOARDS and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive.
This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
© 2002 Peripheral Dynamics Incorporated