
ACCEPTANCE OF TERMS.
The services that 4 Quadrant Solutions provides to you are
subject to the following Terms of Use ("TOU").
4 Quadrant Solutions 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, 4 Quadrant Solutions
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 4 Quadrant Solutions 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, 4 QUADRANT SOLUTIONS 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, 4 QUADRANT SOLUTIONS MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS
AND UTILITIES FOR USE AND/OR DOWNLOAD. 4 QUADRANT SOLUTIONS
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 4 QUADRANT SOLUTIONS
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. 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 4 Quadrant Solutions.com Web site or any other 4
Quadrant Solutions owned, operated, licensed or controlled
site. Elements of 4 Quadrant Solutions 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 4 Quadrant Solutions
Web site may be copied or retransmitted unless expressly
permitted by 4 Quadrant Solutions.
4 QUADRANT SOLUTIONS 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. 4 QUADRANT SOLUTIONS 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 4 QUADRANT SOLUTIONS
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.
4 QUADRANT SOLUTIONS 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 4 QUADRANT SOLUTIONS 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 4 Quadrant Solutions immediately of any unauthorized
use of your account or any other breach of security. 4 Quadrant
Solutions 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 4 Quadrant Solutions
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 4 Quadrant Solutions server, or the network(s)
connected to any 4 Quadrant Solutions 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 4 Quadrant Solutions 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:
• 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.
• Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services
specifically allows such messages.
• 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 Communication Services.
• 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.
• 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.
4 Quadrant Solutions has no obligation to monitor the Communication
Services. However, 4 Quadrant Solutions reserves the right
to review materials posted to the Communication Services
and to remove any materials in its sole discretion. 4 Quadrant
Solutions reserves the right to terminate your access to
any or all of the Communication Services at any time, without
notice, for any reason whatsoever.
4 Quadrant Solutions reserves the right at all times to
disclose any information as 4 Quadrant Solutions 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 4 Quadrant Solutions's sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. 4 Quadrant Solutions does not control or endorse
the content, messages or information found in any Communication
Services and, therefore, 4 Quadrant Solutions 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 4 Quadrant Solutions spokespersons, and their
views do not necessarily reflect those of 4 Quadrant Solutions.
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 4 QUADRANT
SOLUTIONS OR POSTED AT ANY 4 QUADRANT SOLUTIONS WEB SITE.
4 Quadrant Solutions does not claim ownership of the materials
you provide to 4 Quadrant Solutions (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 4 Quadrant Solutions, its affiliated companies
and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses
(including, without limitation, all 4 Quadrant Solutions
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. 4 Quadrant Solutions
is under no obligation to post or use any Submission you
may provide and 4 Quadrant Solutions 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.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be
sent to Service Provider's Designated Agent. ALL INQUIRIES
NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE
A RESPONSE.
See Notice and Procedure for Making Claims of Copyright
Infringement.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE 4 QUADRANT SOLUTIONS'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF 4 QUADRANT
SOLUTIONS AND 4 QUADRANT SOLUTIONS 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.
4 QUADRANT SOLUTIONS IS NOT RESPONSIBLE FOR WEBCASTING OR
ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. 4 QUADRANT SOLUTIONS IS PROVIDING THESE LINKS TO YOU
ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY 4 QUADRANT SOLUTIONS OF THE SITE.
UNSOLICITED IDEA SUBMISSION
POLICY.
4 QUADRANT SOLUTIONS 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 4
QUADRANT SOLUTIONS'S PRODUCTS OR MARKETING STRATEGIES MIGHT
SEEM SIMILAR TO IDEAS SUBMITTED TO 4 QUADRANT SOLUTIONS.
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO 4 QUADRANT
SOLUTIONS OR ANYONE AT 4 QUADRANT SOLUTIONS. IF, DESPITE
OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS,
YOU STILL SEND THEM, PLEASE UNDERSTAND THAT 4 QUADRANT SOLUTIONS
MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.