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Terms & Conditions

Welcome

Welcome to the linuxcare.ca Web site (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.

This web site http://www.linuxcare.ca ("The Linuxcare Web Site") is created, owned, operated and maintained by or for linuxcare.ca ("Linuxcare").

Please read these terms and conditions of use ("Terms and Conditions") carefully before accessing and navigating The Linuxcare Web Site. You may use The Linuxcare Web Site only if you agree to and accept these Terms and Conditions without limitation or reservation.

Linuxcare may, at its sole and exclusive discretion, change, alter, modify, add, and/or remove portions of Terms and Conditions at any time by updating the contents of this page. You are advised to periodically visit this page and review the current revisions to our Terms and Conditions. Linuxcare at its sole and exclusive discretion, reserves the right to alter or discontinue The Linuxcare Web Site without prior notice.

Terms and Conditions V.1.1 - December 2002

Legal Notice

The materials on this Site are provided by Linuxcare Systems (Linuxcare) as a service to its customers and may be used for informational purposes only. By downloading any materials from this Site, you agree to the "Terms of Use". If you do not agree to them, do not use the Site or download any materials from it.

General Disclaimer

Although Linuxcare has attempted to provide accurate information on the Site, Linuxcare assumes no responsibility for the accuracy of the information. Linuxcare may change the programs or products mentioned at any time without notice. Mention of non-Linuxcare products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Linuxcare AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Linuxcare AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY Linuxcare PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Linuxcare OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Use

1. All materials on the Site are protected by Canadian copyright laws, and other applicable laws and treaty provisions of countries throughout the world. Except for personal or non-commercial internal use, copying, modifying, reproducing in whole or part, uploading, transmitting, distributing, licensing, selling and publishing any of the materials is prohibited without obtaining prior written permission from Linuxcare.
2. Use of materials on Site shall NOT be interpreted as a comprehensive or partial grant and / or assignment of Linuxcare' and / or any third party patent, utility model, trademark, trade name, service mark, copyright, design, trade secret or any other intellectual property right by Linuxcare or the third parties, even if you are using materials on Site in accordance with these "Terms of Use".
3. Linuxcare may change and / or alter the contents of the Site, or may suspend or discontinue the services provided through the Site at any time without any prior notice. NEITHER Linuxcare NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF ANY ALTERATION OR CHANGE OF THE CONTENTS OR INABILITY TO USE THE SITE.

Software License Agreement

All software that is made available on the Site is the copyrighted work of the respective owner(s) and is protected by copyright laws and other applicable laws and treaty provisions for each country throughout the world. Use of this software is subject to the terms and conditions of each end-user license agreement between the owner of such software and end-user thereof, copyright laws and other applicable laws and treaty provisions for each country throughout the world.

Any software which you download from the Site is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating or (iii) the license terms pursuant to this Software License Agreement.

Trademarks

The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of linuxcare.ca or other third parties. Users are not permitted to use these Marks for any purposes without the prior written consent of Linuxcare or such third party that may own the Mark which consent may be granted or denied in such owner's sole discretion. Please see the complete list of Linuxcare Trademarks.

The trademark "Linuxcare" and any Linuxcare product names used, quoted and/or referenced within the Site are trademarks or registered trademarks of Linuxcare Co., Ltd. Other company names and product names used, quoted and/or referenced in the Site may be protected as their respective trade name, trademarks or registered trademarks.

Third Party Web Sites, Content, Products and Services

This Site provides links to Web Sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You expressly agree that linuxcare.ca is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.

YOU AGREE THAT Linuxcare IS NOT RESPONSIBLE FOR THIRD PARTY CONTENT ACCESSIBLE THROUGH THE SITE, INCLUDING OPINIONS, ADVISE, STATEMENTS AND ADVERTISEMENTS, AND UNDERSTAND THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF SUCH CONTENT.

If you choose to purchase any products or services from a third party, your relationship is directly with the third party. YOU AGREE THAT Linuxcare IS NOT RESPONSIBLE FOR: (a) THE QUALITY OF THIRD PARTY PRODUCTS OR SERVICES; and (b) FULFILLING ANY OF THE TERMS OF YOUR AGREEMENT WITH THE SELLER, INCLUDING DELIVERY OF PRODUCTS OR SERVICES AND WARRANTY OBLIGATIONS RELATED TO PURCHASED PRODUCTS OR SERVICES. YOU AGREE THAT Linuxcare IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT THAT YOU MAY INCUR FROM DEALING WITH A THIRD PARTY.

Link To third Party Sites

1.Third party web sites (other than the Site) linked to or from the Site ("Linked Sites") are independently operated and maintained by such third parties and are not under the control and/or supervision of Linuxcare. Use of a Linked Site shall be subject to the terms and conditions stipulated by the operator of each Linked Site. Linuxcare SHALL NOT BE RESPONSIBLE FOR ANY LOSS, EXPENSE OR DAMAGE, HOWEVER CAUSED, IN CONNECTION WITH THE USE OF ANY LINKED SITE AND YOUR ACCESS TO ANY OF THE LINKED SITES SHALL BE AT YOUR OWN RISK.
2.Nothing contained in this Site shall be interpreted as a recommendation and/or endorsement by Linuxcare of the contents of the Linked Sites and any products and/or services appearing on and / or provided through such Linked Sites. Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the Linked Sites and Linuxcare.
3.Linuxcare' prior permission is not required to link a third party's web site to the Site. This includes documents, images and other materials used, quoted and/or referenced within the Site. If a link is set up, please notify the administrator of the Site (webmaster@linuxcare.ca) of the URL and the site administrator's e-mail address. Please note that all information, including URL, documents, images and other materials available on the Site will continually be revised without prior notice.
4.When copying or quoting the Site, please contact the administrator of the Site (webmaster@linuxcare.ca) in advance. Linuxcare reserves the right at its sole and exclusive discretion to refuse your offer of copying or quotation.
5.Company names and any other product names, service names or logos used, quoted and/or referenced within the Site are trade names, trademarks or registered trademarks of the original author, or other rights holders.

Proposal and Offers

1.Linuxcare does not want to receive confidential or proprietary information from you through The Linuxcare Web Site. Please note that any information or material sent to Linuxcare will be deemed NOT to be confidential. Linuxcare shall not be obligated to examine, evaluate, and adopt such information or material.
2.By sending Linuxcare any information or material, you grant Linuxcare an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those information or material, and you also agree that Linuxcare is free to use any ideas, concepts, know-how or techniques that you send Linuxcare for any purpose. Therefore, Linuxcare shall not be responsible for any loss, expense or damage including, but not limited to, payment of compensation, in connection with the Linuxcare's adoption of the information or material identical or similar to the information or material that you send Linuxcare.
3.Linuxcare will not release your name or otherwise publicize the fact that you submitted materials or other information to Linuxcare unless:

Linuxcare obtains your permission to use your name.
Linuxcare first notifies you that the materials or other information you submit to a particular part of Linuxcare Site will be published or otherwise used with your name on it.
Linuxcare is required to do so by law.
Disclaimers and Warranties

1.Linuxcare AND/OR ANY OF ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ACCURACY, RELIABILITY, COMPLETENESS, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND/OR SAFETY OF THE CONTENTS OF THE Linuxcare WEB SITE, AND ANY REPRESENTATIONS AND WARRANTIES RELATING THERETO ARE EXPRESSLY DISCLAIMED. Linuxcare AND/OR ANY OF ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, EXPENSE OR DAMAGE ARISING OUT OF YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE Linuxcare WEB SITE.

Disclosure: Forward-Looking Statements

Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may materially differ. We refer you to Linuxcare Systems web site (linuxcare.ca) for further information.

Applicable Laws

linuxcare.ca CONTROLS THIS SITE FROM ITS OFFICES WITHIN. CANADA. Linuxcare MAKES NO REPRESENTATION THAT MATERIALS IN THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENT IS ILLEGAL OR PROHIBITED.

Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of the Canadian export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Province of Britsh Columbia.