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ACCEPTANCE
OF TERMS.
The services that Puget Sound Handheld Users Group provides to you are subject
to the following Terms of Use ("TOU"). Puget Sound Handheld Users Group 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, Puget Sound Handheld Users Group 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 Puget Sound Handheld Users Group 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, PUGET SOUND HANDHELD USERS GROUP
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, PUGET SOUND HANDHELD USERS GROUP MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. PUGET SOUND HANDHELD USERS GROUP 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
PUGET SOUND HANDHELD USERS GROUP SOFTWARE PRODUCTS.
RESTRICTED
RIGHTS LEGEND. Any Software which is downloaded from the Services for or on
behalf of the
United
States of America,
its agencies and/or instrumentalities ("U.S. Government"), is provided with
Restricted Rights. Use, duplication, or disclosure by the U.S. Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Puget Sound Handheld
Users Group Corporation, One Puget Sound Handheld Users Group Way, Redmond, WA
98052-6399.
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 PSHUG.org Web site or
any other
Puget Sound
Handheld Users Group owned, operated, licensed or controlled site. Elements of
Puget Sound Handheld Users Group 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 Puget Sound
Handheld Users Group Web site may be copied or retransmitted unless expressly
permitted by Puget Sound Handheld Users Group.
PUGET SOUND
HANDHELD USERS GROUP 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. PUGET
SOUND HANDHELD USERS GROUP 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 PUGET SOUND HANDHELD USERS GROUP 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.
PUGET SOUND
HANDHELD USERS GROUP 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 PUGET SOUND HANDHELD USERS GROUP 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 Puget Sound Handheld Users Group immediately of any unauthorized use
of your account or any other breach of security. Puget Sound Handheld Users
Group 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 Puget Sound Handheld
Users Group 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 Puget Sound Handheld Users Group server, or the
network(s) connected to any Puget Sound Handheld Users Group 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 Puget Sound Handheld Users Group 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.
USE OF
SERVICES.
The Services may contain e-mail services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo albums,
file cabinets and/or other message or communication facilities designed to
enable you to communicate with others (each a "Communication Service" and
collectively "Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using the Communication
Services, you will not:
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Use the Communication
Services in connection with surveys, contests, pyramid schemes, chain letters,
junk email, spamming or any duplicative or unsolicited messages (commercial or
otherwise).
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Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
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Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.
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Upload, or otherwise
make available, files that contain images, photographs, software or other
material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of
privacy or publicity) unless you own or control the rights thereto or have
received all necessary consent to do the same.
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Use any material or
information, including images or photographs, which are made available through
the Services in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any party.
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Upload files that
contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs that may damage the operation
of another's computer or property of another.
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Advertise or offer to
sell or buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
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Download any file posted
by another user of a Communication Service that you know, or reasonably should
know, cannot be legally reproduced, displayed, performed, and/or distributed
in such manner.
-
Falsify or delete any
copyright management information, such as 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.
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Restrict or inhibit any
other user from using and enjoying the Communication Services.
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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.
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Violate any applicable
laws or regulations.
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Create a false identity
for the purpose of misleading others.
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Use, download or
otherwise copy, or provide (whether or not for a fee) to a person or entity
any directory of users of the Services or other user or usage information or
any portion thereof.
Puget Sound
Handheld Users Group has no obligation to monitor the Communication Services.
However, Puget Sound Handheld Users Group reserves the right to review materials
posted to the Communication Services and to remove any materials in its sole
discretion. Puget Sound Handheld Users Group reserves the right to terminate
your access to any or all of the Communication Services at any time, without
notice, for any reason whatsoever.
Puget Sound
Handheld Users Group reserves the right at all times to disclose any information
as Puget Sound Handheld Users Group deems 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 Puget
Sound Handheld Users Group's sole discretion.
Always use
caution when giving out any personally identifiable information about yourself
or your children in any Communication Services. Puget Sound Handheld Users Group
does not control or endorse the content, messages or information found in any
Communication Services and, therefore, Puget Sound Handheld Users Group
specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Services.
Managers and hosts are not authorized Puget Sound Handheld Users Group
spokespersons, and their views do not necessarily reflect those of Puget Sound
Handheld Users Group.
Materials
uploaded to the Communication Services 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 PUGET SOUND HANDHELD USERS GROUP OR POSTED AT ANY PUGET SOUND
HANDHELD USERS GROUP WEB SITE.
Puget Sound Handheld Users Group does not claim ownership of the materials you
provide to Puget Sound Handheld Users Group (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 Puget Sound Handheld Users Group, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses (including, without
limitation, all Puget Sound Handheld Users Group 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. Puget Sound Handheld Users Group is under no obligation to post
or use any Submission you may provide and Puget Sound Handheld Users Group 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 PUGET SOUND HANDHELD USERS GROUP'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF PUGET SOUND HANDHELD USERS
GROUP AND
PUGET SOUND
HANDHELD USERS GROUP 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.
PUGET
SOUND
HANDHELD USERS GROUP IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE.
PUGET SOUND
HANDHELD USERS GROUP IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND
THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
PUGET SOUND
HANDHELD USERS GROUP OF THE SITE.
UNSOLICITED
IDEA SUBMISSION POLICY.
PUGET SOUND HANDHELD USERS GROUP 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 PUGET SOUND HANDHELD USERS GROUP'S PRODUCTS
OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO PUGET SOUND
HANDHELD USERS GROUP. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
PUGET SOUND
HANDHELD USERS GROUP OR ANYONE AT PUGET SOUND HANDHELD USERS GROUP. IF, DESPITE
OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT
PUGET SOUND
HANDHELD USERS GROUP MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT
NOTICE.
Copyright © 2003 Puget Sound Handheld Users Group Corporation,
Redmond,
Washington
98052-6399 U.S.A. All rights reserved.
TRADEMARKS.
Puget Sound Handheld Users Group products
referenced herein are either registered trademarks or trademarks of Puget Sound
Handheld Users Group Corporation in the U.S. and/or other countries. The names
of actual companies and products mentioned herein may be the trademarks of their
respective owners. The example companies, organizations, products, domain names,
email addresses, logos, people and events depicted herein are fictitious. No
association with any real company, organization, product, domain name, e-mail
address, logo, person, or event is intended or should be inferred.
Any rights
not expressly granted herein are reserved.
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