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Terms of Use
Brethren Software, LLC., (“Brethren Software, LLC.”) provides services to you subject to the following
Terms of Service. If you visit or use a service of Brethren Software, LLC., you accept these terms. Please read them
carefully.
Representations, Warranties and Covenants
User represents and warrants that use of this site will comply with all applicable governmental laws and regulations.
Brethren Software, LLC. and its affiliates, suppliers, and business partners make no representations about the
suitability, accuracy, currency, or completeness of the information contained in the documents or of any graphics,
content, or services published or offered on this site for any purpose. All such documents, graphics, content and
services are provided "As-Is" without warranty of any kind. Brethren Software, LLC. and its affiliates,
suppliers and business partners hereby disclaim all warranties and conditions with regard to the documents, any
information contained therein, any content, and the services, features, functionalities, and availability of the
Brethren Software, LLC. web sites, including all implied warranties and conditions of merchantability, fitness for a
particular purpose, title and non-infringement.
Disclaimer
To the fullest extent permissible, Brethren Software, LLC. disclaims all warranties expressed or implied, including,
but not limited to, implied warranties of merchantability, performance, and fitness for a particular purpose, in relation
to the web sites, its use and the results of such use. Without limiting the foregoing, Brethren Software, LLC. specifically
disclaims any warranty (A) that the web sites and services will be uninterrupted or error-free, (B) that defects will be
corrected, (C) that there are no viruses or other harmful components, (D) that the security methods employed will be
sufficient or (E) regarding correctness, accuracy, completeness, availability, or reliability of the information contained
on Brethren Software, LLC. web sites and services.
Limitation of Liability
Brethren Software, LLC. shall not be liable for (i) any indirect, special, punitive, incidental or consequential
damages of any character arising out of or in relation to these web sites and services, including, without limitation,
damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data, even if
Brethren Software, LLC. has been advised of the possibility of such damages, or (ii) any claim or damages attributable
to errors, omissions, or other inaccuracies in the Brethren Software, LLC. web sites or any Brethren Software, LLC.
service. Brethren Software, LLC.'s sole obligation, and user's exclusive remedy, for any action or claim by user under
this agreement shall be limited to user's termination of the use of those site and services. The limitations set forth in
this section shall apply even if any other remedies fail of their essential purpose.
Indemnification
User shall indemnify Brethren Software, LLC., its officers, directors, employees, partners and agents from and against
all damages, costs, expenses (including reasonable attorneys' fees), claims and liabilities arising out use of this site.
The party claiming indemnification under this Section (the "Claimant") shall notify the indemnifying party as
soon as practicable in writing of any demand, action, arbitration, investigation or other proceeding brought or
threatened to be brought against the Claimant. The indemnifying party shall defend such claim, and pay all costs and
expense of such defense, including attorneys' fees, and any liability resulting there from. The indemnifying party
shall be entitled to exercise exclusive control over any such defense and all negotiations for its settlement or
compromise. No settlement or compromise that adversely affects the rights or obligations of the Claimant shall be binding
on the Claimant without its written consent.
Governance
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida,
without giving effect to its conflict of laws provisions or User's actual state or country of residence. If for any
reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable,
the remainder of the Terms of Service will continue in full force and effect. These Terms of Service and our End User
License Agreements between the parties with respect to the subject matter hereof supersede and replace all prior or
contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision
of the Terms of Service and the End User License Agreements will be effective only if in writing and signed by
Brethren Software, LLC..
Licenses and Reservation of Rights
Without conveying any right, title or interest, Brethren Software, LLC. agrees that User may make accurate
informational references to Brethren Software, LLC.'s trade names, trademarks or service marks (collectively,
"Marks") and white papers, Press Rooms, datasheets and FAQ's (collectively "Documents")
in connection with the use of this site. User shall not and shall not allow others to exceed it's scope of
use and access to the Brethren Software, LLC. services, shall not harm or jeopardize Brethren Software, LLC.'s services,
website or proprietary software, and shall not reverse engineer, decompile, or otherwise attempt to discern
proprietary information embodied in Brethren Software, LLC.'s websites, software, or services. Subject to the limited
license granted hereunder, Brethren Software, LLC. hereto reserves all of its right, title and interest in its
intellectual property rights, including trademarks, patents, copyrights, trade secrets and other intellectual
property rights. Document use is granted provided that: (1) the copyright notice contained below appears
on all copies of Documents along with the phrase "Reproduced by Permission", (2) Documents from
this site are used solely for informational, non-commercial, internal and personal use, and in no event for
redistribution in whole or in part or for combination with other commercial goods or services, and (3)
Documents are not modified or edited in any manner whatsoever. Any use of Documents for purposes other
than those listed herein is expressly prohibited by Brethren Software, LLC. and by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
COPYRIGHT NOTICE
Copyright© 2008-2010 Brethren Software, LLC. |
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