
LEGAL NOTICE - TERMS OF USE
Please review the following terms and conditions
carefully. This agreement is a legally binding contract between
you ("You" or "Your") and Stone Bond Technologies,
LP ("Stone Bond") regarding your visit to and use
of its websites and the various products and services referenced
on its websites, including, without limitation, software,
developer tools, download areas, forums, documentation, content
and information contained therein (the "Site").
1. TRADEMARKS. All trademarks and service
marks on this Site belong to Stone Bond or its affiliates,
except third party trademarks and services marks, which are
the property of their respective owners. You are not authorized
to use any such trademarks without the prior written consent
of Stone Bond or their respective owners.
Intel and the Intel logo
are trademarks or registered trademarks of Intel Corporation or
its subsidiaries in the United States and other countries.
2. CONTENT. All content included on this
Site, including but not limited to, text, graphics and images,
is, unless otherwise noted, copyrighted under United States
law and protected by worldwide copyright laws and treaty provisions.
The compilation (meaning the collection, arrangement and assembly)
of all content on this Site is the exclusive property of Stone
Bond and protected by United States and international copyright
laws. No use, including the reproduction, modification, distribution,
transmission, republication, display or performance, of the
content on this Site is permitted without Stone Bond's written
permission. You further understand that all information, data,
text, software, music, sound, photographs, graphics, audio,
video, messages or other materials, whether publicly posted
or privately transmitted, are owned by Stone Bond or its licensors.
You are expressly prohibited from using any such materials
without the express written consent of Stone Bond or its licensors.
Nothing contained on the Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right
to use any patent, copyright, trademark or other proprietary
or intellectual property right of Stone Bond or its licensors.
While Stone Bond uses reasonable efforts to include accurate
and timely information on this Site, Stone Bond does not guarantee
or warrant the accuracy, integrity or quality of any such
information. This Site's content may have originated from
Stone Bond or third parties and is made available to You as
a courtesy for your personal entertainment, information, education,
and communication. This Site's content is current only as
of the date published or indicated and may be superseded by
subsequent events or for other reasons. Product or service
offerings, prices, terms and other information provided herein
are subject to change without notice. You should ascertain
the appropriateness of any product or service as it may pertain
to Your intended purpose and needs.
3. DOCUMENT DOWNLOADS. Stone Bond may make
available to download from this Site certain documents (such
as industry solutions, white papers, case studies, publications,
press releases and other materials) (collectively, the "Documentation").
Stone Bond permits you to download and make a single copy
of the Documentation as long as (a) the copyright notice appears
in the copy and you do not modify or remove such copyright
notice on the copy, (b) your use of the Documentation is for
informational and non-commercial or personal use only and
you will not copy or post the Documentation on any network
computer or broadcast in any media, (c) you will not transfer,
distribute, combine with other materials or otherwise commercially
exploit the Documentation, and (d) you do not make any modifications
or changes to or create derivative works of the Documentation.
Accredited educational institutions, such as K-12, universities,
private/public colleges, and state community colleges, may
download and reproduce the Documentation for distribution
in the classroom; provided that distribution outside the classroom
requires Stone Bond's 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. It is expressly
stated that the limited permission for the Documentation specified
above does not include the design or layout of the Site or
any other site owned, operated, licensed or controlled by
Stone Bond, or the Software (as defined below) made available
on the Site.
4. SOFTWARE DOWNLOADS. Stone Bond may make
available to download from this Site certain software together
with any updates, patches, workarounds, new releases and other
versions of the software ("Software"). The Software
are the copyrighted works of Stone Bond and/or its licensors.
Use of the Software is governed by the terms of the applicable
end user license agreement, which will accompany or be included
with the Software or which will be provided prior to download
(the "EULA"). You will be unable to install any
Software unless You first agree to the terns of the EULA and
all additional terms required when downloading. The Software
is made available for download solely for use by end users
according to the applicable EULA for the purpose and duration
specified. Any copies of the Software provided for evaluation
or limited time only will be subject to time out or non-use
at the end of such evaluation or limited time period unless
You pay the applicable license fee or otherwise obtain permission
from Stone Bond to continue your use of such Software. Any
reproduction or redistribution of the Software not in accordance
with the EULA 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 EULA accompanying such Software.
The Software is warranted, if at all, only according to the
terms of the EULA.
5. FORUMS. As part of the Site's services,
Stone Bond may make available bulletin board services, chat
areas, news groups, forum, communities and other message or
communication facilities designed to enable you to communicate
with Stone Bond and/or others (collectively, the "Forums").
You agree to use the Forums only to post, send and receive
messages and material that are proper and, when applicable,
related to the particular topic, product or service. You agree
that when using the Forums, you will not take any action that
would constitute an improper use of the Site under this Legal
Notice. In addition to those prohibited actions listed as
an improper use of the Site under this Legal Notice, you further
agree not to (a) advertise or offer to sell or buy any goods
or services for any business purpose, unless the applicable
Forum is designed to permit such messages, (b) download any
file posted by another user of a Forum that you know, or reasonably
should know, cannot be legally reproduced, displayed, performed,
and/or distributed in such manner, (c) 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 to a Forum, (d) restrict
or inhibit any other user from using and enjoying the Forum,
(e) violate any code of conduct or other guidelines that may
be applicable for any particular Forum, (f) harvest or otherwise
collect information about others, including e-mail addresses,
from the Forum; or (g) use, download or otherwise copy, or
provide (whether or not for a fee) to a person or entity any
directory of users of the Forums or other user or usage information
or any portion thereof. Stone Bond has no obligation to monitor
the Forums; however, Stone Bond reserves the right to review
materials posted to any of the Forums prior to and after posting
and to not post, redact or remove any materials from the Forums
for any or no reason in its sole discretion. Stone Bond further
reserves the right to terminate Your access to any or all
of the Forums at any time, without notice, for any or no reason
whatsoever. Stone Bond does not control or endorse the content,
messages or information found in any of the Forums, and therefore,
Stone Bond specifically disclaims any liability with regard
to the Forums and any actions resulting from Your participation
in any of the Forums. Materials uploaded to the Forums may
be subject to posted limitations on usage, reproduction and/or
dissemination, and You are responsible for adhering to such
limitations if You download the materials.
6. POSTED MATERIALS. Stone Bond does not
claim exclusive ownership of any materials posted, uploaded
or submitted by you to on this Site (including without limitation
any of the Forums) for review by the general public or by
members of any public or private community (the "Posted
Materials"). Effective upon each posting, upload or submission,
You hereby grant to Stone Bond and its successors, assigns,
affiliates and licensees, the perpetual, irrevocable, world-wide,
unrestricted, fully paid, royalty-free right to create, use,
reproduce, publish, display, digitize, synchronize, enhance,
distort, alter, partition, modify, create derivative works
of, sublicense others to use, or otherwise transform, in whole
or in part, the Posted Materials, regardless of format, in
connection with the Site and Stone Bond's products and services
in any and all format, platform or other media (including,
but not limited to, Internet), now existing or hereafter created,
and in advertising, publications, marketing and documentation
related to the Site and Stone Bond's products and services.
You further irrevocably consent that Stone Bond may, but is
not obligated to, use your name or a fictitious name in connection
with the Posted Materials, if Stone Bond so chooses. You agree
that no compensation or accounting is due to you with respect
to Stone Bond's use of your name and/or the Posted Materials.
You hereby transfer and/or waive or release any right to inspect
or approve of Stone Bond's use of the Posted Materials and
any and all moral rights and rights of restraint associated
with the Posted Materials to Stone Bond on a world-wide and
unrestricted basis. You hereby release and discharge Stone
Bond and their licensees from any and all claims and demands
arising out of or in connection with the use of your name
and the Posted Materials, including, without limitation, any
and all claims for libel, invasion of privacy, false designation
of origin, sponsorship or approval, rights of publicity, unfair
competition or infringement. You further agree not to sue
or assert any claim against Stone Bond or any licensee of
any nature whatsoever arising by reason of Stone Bond's use
of your name and/or the Posted Materials as described in this
Legal Notice. You agree that Stone Bond may assign or sublicense
any right granted in this section without your prior consent
and that Stone Bond is under no obligation to post or use
any Posted Materials that you may provide and Stone Bond may
remove any Posted Materials from the Site (or any particular
Forum on the Site) at any time in its sole discretion. By
providing the Posted Materials, You warrant and represent
to Stone Bond that you own or otherwise control all of the
rights to the Posted Materials sufficient to grant the license
in and to the Posted Materials to Stone Bonds above, and any
use of the Posted Materials by Stone Bond does not and will
not infringe or violate the rights of you or any third parties.
The foregoing license shall be binding upon You and your heirs,
legal representatives, and assigns. Notwithstanding the foregoing,
you agree that Stone Bond shall own the exclusive rights in
and to any survey answers, ideas, concepts, benchmark testing,
benchmark test results and reports, or any enhancements, improvements,
revisions, or other modifications posted, submitted, suggested,
created or provided by You, alone or jointly with others,
in conjunction with your use of any particular Forum on this
Site to the extent that such items are derived from or related
to Stone Bond's products or services, and that you will execute
any and all documents reasonably requested by Stone Bond to
perfect, protect and preserve the rights granted or owned
by Stone Bond under this Legal Notice.
7. DISCLAIMER. THE MATERIALS AND INFORMATION
ON THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT ANY WARRANTY OF ANY KIND. ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT).
THE MATERIALS AND INFORMATION MAY CONTAIN ERRORS, PROBLEMS
OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY
FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER'S
SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL
BE LIMITED TO THE AMOUNT PAID BY YOU TO STONE BOND FOR THE
MATERIALS AND INFORMATION RECEIVED (IF ANY). STONE BOND IS
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
AND EVEN IF THE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL
PURPOSE. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER
ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS,
COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE MATERIALS
OR INFORMATION TO A PARTICULAR SITUATION. All responsibility
and liability for any damages caused by viruses contained
within the electronic files of this Site are disclaimed. Stone
Bond does not represent nor warrant that the operation of
this Site or the Software will be uninterrupted or error-free,
that defects will be corrected, or that this Site or the server
that makes it available are free of viruses or other harmful
components or that the Documentation will be free of inaccuracies
or errors. By use of this Site, you assume the entire cost
of all necessary servicing, repair, or correction. Stone Bond
assumes no responsibility, and shall not be liable for, any
damages to, or viruses that may infect, your computer equipment
or other property as a result of your access to, use of, or
browsing in this Site or your downloading of the Documentation
or the Software or any other information, materials, data,
text, images, video, or audio from the Site.
8. LINKS. The Site may provide, or third
parties may provide, links to other World Wide Web sites or
resources. The information provided to you in the links on
this Site are provided solely for informational purposes only.
The results are not guaranteed to be accurate and are in no
way endorsed, offered or guaranteed by Stone Bond. Unless
You have agreed otherwise in writing with Stone Bond, links
from another website to this Site must resolve to the top-level
homepage only.
9. ADVERTISEMENTS. Your correspondence or
business dealings with, or participation in promotions of,
any advertisers or other persons found on or through Your
use of this Site, including payment and delivery of related
goods or services and contracts for services, and any other
terms, conditions, warranties or representations associated
with such dealings, are solely between You and such advertisers
or persons. You agree that Stone Bond shall not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such advertisers or persons in conjunction with this Site.
10. IMPROPER USE OF THE SITE. You will not
upload onto this Site, or otherwise use this Site or any products
or services provided by Stone Bond, any destructive or unlawful
purposes including, but not limited to, the dissemination
of computer viruses, libelous or inflammatory materials, pornographic
or obscene information, invasive of privacy, stalking or harassment,
abuse, tortuous conduct, hateful or racially, ethnically or
otherwise objectionable material, or any works infringing
upon the patents, copyrights, trademarks, trade secrets, rights
of publicity, rights of privacy or proprietary rights of third
parties. You will not use the Site (or any Forums on this
Site) in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise), or otherwise
to defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others. You will not download any portion of the operating
software for this Site or otherwise control its operation.
You will not impersonate any person or entity, including,
without limitation, one of Stone Bond's employees, or falsely
state or otherwise misrepresent Your affiliation with a person
or entity or create a false identity for the purpose of misleading
others. You will not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any information
transmitted through this Site. You will not upload, post,
email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid
schemes," or any other form of solicitation, using this
Site except as expressly permitted by Stone Bond. You will
not upload, post, email or otherwise transmit any material
that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment using this Site. You will not
interfere with or disrupt this Site or servers or networks
connected to this web site, or disobey any requirements, procedures,
policies or regulations of networks connected to this Site.
You will not collect or store personal data about other users
of this Site. You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any portion
of this Site or any products or services referenced on this
Site. You may not obtain or attempt to obtain unauthorized
access to any portions of this Site or any other protected
materials or information requiring passwords or login, through
any means not intentionally made available by Stone Bond for
Your specific use. IMPROPER USE OF THIS SITE OR THE SERVICES
MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
11. LOG-IN ACCOUNT AND PASSWORDS. The Forums
and certain other portions of this Site may be protected by
passwords or require a login. In order to access the Forums
or these portions of this Site, you must first register with
Stone Bond and if approved, you will be given a unique and
individual password and user identification for login to the
Forums or other portions of the Site. By completing the registration
form, you represent and warrant to Stone Bond that: (a) the
information submitted as prompted by the applicable registration
form is current, complete and accurate; (b) you are 18 years
of age or older; and (c) you have the right to contract in
your own name and accept the terms and conditions set forth
in this Legal Notice if you are using this Site individually,
or you are a duly authorized representative of that company
with the authority to bind the company to the terms and conditions
set forth in this Legal Notice if you are using the Site on
behalf of a company. Stone Bond reserves the right to accept
or reject any person for registration for any or no reason
in its sole discretion. If you have been given a password
or other PIN for access to forums or other non-public areas
of this Site, You are solely responsible for all activities
occurring in connection with or originating from such password
on PIN. You should take steps to protect the confidentiality
of such password or PIN and notify Stone Bond immediately
if You become aware of any disclosure, loss, theft or unauthorized
use. You further agree that you will exit fully from the Site
at the end of each session in which you participate.
12. INDEMNIFICATION. As a condition of Your
permitted use of this Site, You agree to indemnify and hold
Stone Bond and its subsidiaries, affiliates, officers, agents,
licensors, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of any
materials or information that You submit, post to or transmit
through this Site, Your use of or connection to this Site
or any portions thereof (including without limitation the
Documentation, the Software, the Forums or any downloads available
on the Site), Your violation of this agreement, or Your violation
of any rights of a third party.
13. PRIVACY POLICY. Stone Bond respects the
privacy concerns of the users of this Site. Registration information
and certain other personal information about You is governed
by Stone Bond's privacy policy. For a full copy of Stone Bond's
privacy policy, please click www.stonebond.com/privacy.html.
14. COPYRIGHT AGENT. Stone Bond respects
the intellectual property of others, and asks You to do the
same. Stone Bond may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts of users
who may be infringing the intellectual property rights of
others. If You believe that Your work has been copied in a
manner constituting copyright infringement, or your intellectual
property rights have been otherwise violated, please provide
Stone Bond's Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest; (b) a description of the copyrighted work
or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is
infringing is located on the Site; (d) your address, telephone
number, and email address; (e) a statement by you that you
have a good faith belief that the disputed use is not authorized
by the copyright or intellectual property owner, its agent,
or the law; and (f) a statement by you, made under penalty
of perjury, that the above information in your notice is accurate
and that you are the copyright or intellectual property owner
or authorized to act on the copyright or intellectual property
owner's behalf. Stone Bond's Copyright Agent for notice of
claims of copyright or other intellectual property infringement
can be reached, as follows: Daniel G. Nguyen, Jenkens &
Gilchrist 1401 McKinney Suite 2600 Houston, TX 77010 dnguyen@jenkens.com.
15. TERMINATION. You may terminate your log-in
account(s) at any time by notifying Stone Bond in writing
of your intent to terminate subject to full payment of any
costs, if any, charged to your log-in account(s). You agree
that Stone Bond, in its sole discretion, may terminate your
log-in account(s) (or any part thereof) or access to and use
of the Site (or any of the Forums), and remove and discard
any of your personal information stored on the Site, upon
termination or for any or no reason whatsoever, including,
without limitation, for lack of use or if Stone Bond believes
that you have violated, or acted inconsistently with the intent
of, this Legal Notice or otherwise are in breach of the applicable
EULA or any of other agreement with Stone Bond (including
without limitation non-payment of fees). You agree that any
termination of your log-in accounts and your access to the
Site (or any of the Forums) under any provision of this Legal
Notice may be effected without prior notice, and acknowledge
and agree that Stone Bond may immediately deactivate or delete
your log-in account(s) and all related information and files
in your log-in account(s) and/or bar any further access to
such on-line accounts or the Site (or any of the Forums) or
the Documentation or Software. Further, you agree that Stone
Bond shall not be liable to you or any third-party for any
termination of your access to your log-in account(s), the
Site (or any of the Forums), the Documentation of the Software.
16. GOVERNING LAW; VENUE. Stone Bond is based
in Houston, Texas. You agree that this agreement is governed
by the laws of the State of Texas and that proper and convenient
venue lies exclusively with the courts located in Harris County,
Texas. You agree to be subject to the personal jurisdiction
of the State and Federal courts sitting in Harris County,
Texas, in the event that any litigation results concerning
any aspect arising out of Your use of this Site. You agree
that the statute of limitations for any claim against Stone
Bond shall be brought within one year from when the claim
arose, and any claims not brought within such period of time
shall be deemed waived.
17. U.S.-BASED SITE OPERATION. This Site
is maintained and operated by Stone Bond from its offices
in Houston, Texas of the United States of America. Those who
choose to access this Site from other countries do so on their
own initiative and are responsible for compliance with local
laws. No software from this Site may be downloaded or otherwise
exported or reexported into (or to a national or resident
of) any countries that are subject to U.S. export restrictions.
By downloading or using software from this Site, you represent
and warrant that you are not located in, under the control
of, or a national or resident of any country that is subject
to U.S. export restrictions.
18. MISCELLANEOUS. Stone Bond reserves the
right to amend the terms and conditions hereof at any time
without prior notice. Notice of modifications may be given
by posting notice of such changes on this Site, by electronic
mail, by facsimile or by conventional mail. You agree that
Your use of this Site constitutes acceptance of all of the
terms and conditions as they may be amended in the future.
Stone Bond shall not be deemed to have waived any rights hereunder
unless such waiver is in writing signed by an duly authorized
officer of Stone Bond. Stone Bond reserves the right at any
time and from time to time to modify or discontinue, temporarily
or permanently, the Site or any products or services offered
on this Site with or without notice. You agree that Stone
Bond shall not be liable to You or to any third party for
any modification, suspension or discontinuance of this Site
or any products or services offered on this Site. All areas
of this Site may currently be made available without charge;
however, Stone Bond reserves the right to charge viewers and/or
users for access to or use of any portion of this Site in
the future, without prior notice. Stone Bond reserves the
right at all times to disclose any information as Stone Bond
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, on the Site in its sole discretion. If any part
of these terms and conditions is unlawful, void or unenforceable,
that part will be deemed severable and will not affect the
validity and enforceability of remaining provisions. The foregoing
terms and conditions are the entire agreement between You
and Stone Bond with respect to the Site and your use thereof.
19. UPDATE. This Legal Notice was last updated
on August 19, 2005.
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