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Terms of Service
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Last Modified [07.15.08]
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Introduction
Drake Software maintains this drakesoftware.com site for your personal information,
entertainment, and enjoyment. Please feel free to browse, download from, interact
with and otherwise use the site. At the same time, please remember that your access
to the drakesoftware.com site is subject to the following Terms of Service as well
as all applicable laws. By accessing and using the drakesoftware.com site, you accept
the Terms of Service without limitation or qualification, and acknowledge that any
other agreements you may have with any third party are superseded by the Terms of
Service, to the extent that conflict exists.
Drake Software may at any time revise these Terms of Service by updating this posting.
You are bound by such revisions and should therefore visit this page to review the
current Terms of Service from time to time. Drake Software reserves the right, without
notice and for any reason, to remove any content on this site, and to deny access
of any user or users to all or any part of this site.
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Copyrights and Other Rights
You should assume everything on the drakesoftware.com site is copyrighted unless
otherwise noted and may not be used except as provided in the Terms of Service or
with the express written consent from Drake Enterprises, Ltd. Drake Software neither
warrants nor represents that your use of the material displayed on the drakesoftware.com
site will not infringe rights of third parties. Any product, service, program or
technology described on the drakesoftware.com site may be the subject of other intellectual
property rights (including but not limited to copyright, trademark or patent rights)
owned by Drake Software. Any such right that is not expressly licensed herein is
reserved by Drake Software.
Images displayed on the drakesoftware.com site are either the property of, or used
with permission by, Drake Software. Use of these images by you or other third parties
is prohibited unless expressly permitted in the Terms of Service or elsewhere on
the drakesoftware.com site. Any unauthorized use of these images may violate copyright
laws, trademark laws, the laws of privacy and publicity, and other applicable regulations
and statutes.
Any product, service, program or technology described in any document published
by Drake Software on this site may be the subject of other intellectual property
rights owned by Drake Software. Any such right that is not expressly licensed hereunder
is reserved by Drake Software.
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Trademarks
The trademarks, logos and service marks (collectively the "Trademarks") displayed
on the drakesoftware.com site are registered and unregistered Trademarks of Drake
Software and others. Nothing contained on the drakesoftware.com site should be construed
as granting by implication, estoppel or otherwise, any license or right to use any
Trademark displayed on the drakesoftware.com site without the written permission
of Drake Software or such third party that may own the Trademark. Misuse of any
Trademarks or any other content displayed on the drakesoftware.com site is prohibited.
Drake Software reserves the right to enforce its intellectual property rights, including
via civil and criminal proceedings.
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Submissions
Apart from your personal information (which is addressed in the Privacy Policy),
any communication or material you send to the drakesoftware.com site, electronically
or otherwise, including but not limited to data, questions, comments, suggestions
or submissions, is and will be treated as non-confidential and non-proprietary.
Anything you send to the drakesoftware.com site may be used by Drake Software for
any purpose, including but not limited to reproduction, transmission, disclosure,
publication, broadcast and posting. By submitting material to drakesoftware.com,
you irrevocably transfer and assign to Drake Software, and forever waive and agree
never to assert, any copyrights, "moral" rights or other rights that you may have
in such material. drakesoftware.com is free to use, without obligation of any kind,
any ideas, concepts, techniques or know-how contained in any communication you send
to the drakesoftware.com site for any purpose whatsoever, including but not limited
to developing, manufacturing and marketing products and services.
By using this site, you may submit, or drakesoftware.com may gather, certain limited
information about you and your usage of the site. Subject to the terms of the Privacy Policy, Drake Software
is free to use such information for any purpose it deems appropriate.
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Liability Disclaimer
The information, software, products and services included in or available thorough
the drakesoftware.com site may include inaccuracies or typographical errors. Changes
are periodically made to the drakesoftware.com site and to the information therein.
Drake Software and/or its respective suppliers may make improvements and/or changes
in the drakesoftware.com site/services at any time. Advice received via the drakesoftware.com
site should not be relied upon for personal, tax, legal or financial decisions,
and you should consult an appropriate professional for specific advice tailored
to your situation.
Drake Software and/or its respective suppliers make no representations about the
suitability, reliability, availability, timeliness, absence of viruses or other
harmful components, and accuracy of the information, software, products and services
contained within the drakesoftware.com site for any purpose. All such information,
software, products and services are provided "as is," without warranty of any kind.
Drake Software and/or its respective suppliers hereby disclaim all warranties and
conditions with regard to this information, software, products and services, including
all implied warranties and conditions of merchantability, fitness for a particular
purpose, workmanlike effort, title and non-infringement.
You specifically agree that Drake Software shall not be responsible for unauthorized
access to or alteration of your transmissions or data, any material or data sent
or received or not sent or received, or any transactions entered into through drakesoftware.com
site or service. You specifically agree that Drake Software is not responsible or
liable for any threatening, defamatory, obscene, offensive or illegal content or
conduct of any other party or any infringement of another's rights, including intellectual
property rights. You specifically agree that Drake Software is not responsible for
any content sent using and or included in a drakesoftware.com site by any third
party.
In no event shall Drake Software 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 drakesoftware.com site/services, with the delay
or inability to use the drakesoftware.com site/services or related services, the
provisions of or failure to provide services, or for any information, software,
products, services and related graphics obtained through the drakesoftware.com site,
or otherwise arising out of the use of the drakesoftware.com site, whether based
on contract, tort, negligence, strict liability or otherwise, even if Drake Software
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 drakesoftware.com site, or with
any of these Terms of Use, your sole and exclusive remedy is to discontinue using
the drakesoftware.com site.
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Links
The drakesoftware.com site may contain links to third party sites. Such sites are
not under the control of drakesoftware.com and Drake Software is not responsible
for the contents of any linked site(s), including without limitation any link contained
in a linked site or any changes or updates to a linked site. Drake Software is not
responsible for webcasting or any other form of transmission received from any linked
site nor is Drake Software responsible if the linked site is not working appropriately.
Drake Software simply provides such links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Drake Software of the site or
any association with its operators. You are responsible for viewing and abiding
by the privacy statements and terms of use posted at the linked sites.
Any dealing with third parties (including advertisers) included within the drakesoftware.com
site and services or participation in promotions, including the delivery of and
the payment for goods and services, and any other terms, conditions, warranties
or representations associated with such dealings or promotions are solely between
you and the advertiser or other third party. Drake Software shall not be responsible
or liable for any part of any such dealing or promotions.
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Refund Policy
You may request a refund by submitting your request and the reason for your request
to Drake Enterprises, Ltd. Accounting Division at 828-349-5900. Submitting a request
for refund does not guarantee your request will be honored. Refund requests for
items that were produced specific to order will not be honored. Terms of refund
requests for software are specified in the Drake Software End User NONDISCLOSURE
AND LICENSE AGREEMENT.
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Legality
The Terms of Service shall be governed by the laws of the State of North Carolina
without regard to its conflict of law provisions. Each party to the site Terms of
Service hereby submits to the exclusive jurisdiction of the courts within the State
of North Carolina, and waives any jurisdictional venue or inconvenient forum objections
to such courts.
Any failure by Drake Software to enforce any of its rights under the Terms of Service
or applicable laws shall not constitute a waiver of such right. If any provision
of the Terms of Service is found by a court of competent jurisdiction to be invalid,
you, Drake Software, and the court shall endeavor to give effect to the intent reflected
in that provision, and the remaining Terms of Service provisions shall retain their
full force and effect.
United States and foreign export control laws regulate the export and re-export
of technology originating in the United States and such foreign countries. You will
abide by these laws and regulations as applicable and will not transfer, directly
or indirectly, by electronic transmission or otherwise, any content or software
from the drakesoftware.com site to or from any countries or foreign nationals in
violation of such laws or regulations.
Please note that drakesoftware.com is operated by Drake Enterprises, Ltd. Please
also read over the drakesoftware.com Privacy Policy. If you have any questions,
comments, criticisms, or complaints about drakesoftware.com, please feel free to
email us at webmaster@drakesoftware.com.
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