ACCEPTANCE OF TERMS.
The services that DBI provides to you are subject to the following
any time without notice to you.
DESCRIPTION OF SERVICES.
DBI provides you with access to a variety of resources, including
developer tools, download areas, web services, 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 DBI 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
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,
DBI TECHNOLOGIES INC 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, DBI MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. DBI 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 DBI SOFTWARE PRODUCTS.
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. Distribution outside of these confines requires
express written permission. Any 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
Documents specified above do not include the design or layout of
DBI-TECH.COM Web site or any other DBI owned, operated, licensed or
controlled site. Elements of DBI 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 DBI Web site may be copied or retransmitted unless
expressly permitted by DBI.
DBI 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. DBI 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
DBI 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 DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. DBI 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
IN NO EVENT SHALL DBI 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 DBI immediately of any unauthorized use of your account or
any other breach of security. DBI 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 DBI 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
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 DBI
server, or the network(s) connected to any DBI 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 DBI 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, communication services,
news groups, forums, communities 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:
- 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).
- 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, obscene, indecent or unlawful
topic, name, material or information.
- 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.
- 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.
- 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.
- 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.
- Restrict or inhibit any other user from using and enjoying the
- 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
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- 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.
MATERIALS PROVIDED TO DBI OR POSTED THROUGH ANY DBI WEB SITE.
DBI does not claim ownership of the materials you provide to DBI
(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 DBI, its affiliated
companies and necessary sub licensees permission to use your
Submission in connection with the operation of their businesses
(including, without limitation, all DBI 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. DBI is under no obligation to post
or use any Submission you may provide and DBI 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
necessary for you to provide, post, upload, input or submit the
INDMENIFICATION OF DBI
In consideration of accessing and using the Services, you hereby
indemnify DBI, and its agents, officers and employees from any loss,
claim or damage they may suffer arising from such use or access.
Copyright 1996 - 2011 DBI Technologies Inc. All rights reserved.