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SUBMISSIONS
Except where expressly provided otherwise by SBCT, all comments,
feedback, information or materials submitted to SBCT through or in
association with this Web Site ("Submissions") shall be considered
non-confidential and SBCT’s property. By providing such Submissions
to SBCT, you agree to assign to SBCT, at no charge, all worldwide
rights, title and interest in copyrights and other intellectual
property rights to the Submissions. SBCT shall be free to use and/or
disseminate such Submissions on an unrestricted basis for any
purpose. You acknowledge that you are responsible for the
Submissions that you provide, and that you, not SBCT, have full
responsibility for the Submissions, including their legality,
reliability, appropriateness, originality and copyright.
RESTRICTED RIGHTS LEGEND
Any Software which is downloaded from this Server for or on behalf
of the United States of America, its agencies and/or
instrumentalities ("U.S. Government"), is provided with Restricted
Rights. Use, duplication, or disclosure by the U.S. Government is
subject to restrictions as set forth in subparagraph ©(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs ©(1) and (2) of the Commercial
Computer Software — Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is SBC Technologies, Inc., 1-B Poplar
Drive, Clifton Park, NY 12065.
LIMITATION OF LIABILITY
SBCT SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF
USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR
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INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE
(INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS,
USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF SBCT HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE
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EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE
A CLAIM AGAINST SBCT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT,
WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE
MATERIALS. YOU AGREE TO HOLD SBCT HARMLESS FROM, AND YOU COVENANT
NOT TO SUE SBCT FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF
THE WEB SITE.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY SBCT, THE MATERIALS ON
THE WEB SITE ARE PROVIDED “AS IS" AND SBCT HEREBY DISCLAIMS ALL
EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND
CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SBCT MAKES NO
REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE
MATERIALS CONTAINED ON THE WEB SITE.
LOCAL LAWS; EXPORT CONTROL
SBCT controls and operates this Web Site from its headquarters in
the United States of America and makes no representation that these
Materials are appropriate or available for use in other locations.
If you use this Web Site from other locations, you are responsible
for compliance with applicable local laws including but not limited
to the export and import regulations of other countries. Unless
otherwise explicitly stated, all marketing or promotional materials
found on this Web Site are solely directed to individuals, companies
or other entities located in the United States of America. You
acknowledge and agree that Materials are subject to the U.S. Export
Administration Laws and Regulations. Diversion of such Materials
contrary to U.S. law is prohibited. You agree that none of the
Materials, nor any direct product therefrom, is being or will be
acquired for, shipped, transferred, or re-exported, directly or
indirectly, to proscribed or embargoed countries or their nationals,
nor be used for nuclear activities, chemical biological weapons, or
missile projects unless authorized by the U.S. Government.
Proscribed countries are set forth in the U.S. Export Administration
Regulations. Countries subject to U.S. embargo are: Cuba, Iran,
Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject
to change without further notice from SBCT, and you must comply with
the list as it exists in fact. You certify that you are not on the
U.S. Department of Commerce’s Denied Persons List or affiliated
lists or on the U.S. Department of Treasury’s Specially Designated
Nationals List. You agree to comply strictly with all U.S. export
laws and assume sole responsibility for obtaining licenses to export
or re-export as may be required.
INTELLECTUAL PROPERTY NOTICESELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress and other laws
and may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from the Web Site may be copied or
retransmitted unless expressly permitted by SBCT.
GENERAL
This Web Site may include inaccuracies or typographical errors. SBCT
and the Third Party Providers may make improvements and/or changes
in the products, services, programs, and prices described in this
Web Site at any time without notice. SBCT may periodically make
changes to the Web Site. Any action related to these Terms will be
governed by New York law and controlling U.S. federal law. No choice
of law rules of any jurisdiction will apply. These Terms represent
the entire understanding relating to the use of the Web Site and
prevail over any prior or contemporaneous, conflicting or
additional, communications. SBCT has the right to revise these Terms
at any time without notice by updating this posting. Any rights not
expressly granted herein are reserved by SBCT.
SBCT, the SBCT logo, and other SBCT product names referenced herein
are registered trademarks or trademarks of SBCT in the United States
and other jurisdictions. All other product names, company names,
marks, logos, and symbols are trademarks of their respective owners.
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to
request permission to use any Materials, please email
us for assistance.
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