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Terms of Use -
December 2004
Terms of use; acceptance of contract terms
The following are terms of an agreement between you and
Stratagem Technical Services, LLC. ("Stratagem Technical
Services"). By accessing, browsing, or using
stratagemtech.com you acknowledge
that you have read, understood and agree to be bound by
these terms and the terms of our privacy policy. If you
do not agree to these terms and/or to the terms of our
privacy policy, please do not use the site. Users should
check these terms of use and the privacy policy
periodically. By accessing, browsing or using the site
after these terms of use and/or the privacy policy are
revised, you agree to accept those revisions.
Users
Users agree to provide the site with accurate information
in connection with the purchase of any product or service
purchased or obtained via or in connection with the site.
The Site
Stratagem Technical Services reserves the right, in its
sole discretion, to modify and/or discontinue any part of
the site or any services or products offered via the site
at any time, with or without notice. Stratagem
Technical Services authorizes you to view and download the
materials at this website ("site") only for your personal,
non-commercial use, provided that you retain all copyright
and other proprietary notices contained in the original
materials on any copies of the materials. You may not
modify the materials at this Site in any way or reproduce
or publicly display, perform, or distribute or otherwise
use them for any public or commercial purpose. Any use of
these materials on any other website or networked computer
environment for any purpose is prohibited. The materials
at this site are copyrighted and any unauthorized use of
any materials at this site may violate copyright,
trademark, and other laws. If you breach any of these
terms of use, your authorization to use this site
automatically terminates and you must immediately destroy
any downloaded or printed materials.
Links to Other Sites
The site may contain links to other sites hosted and/or
maintained by third parties. Stratagem Technical Services
shall not be responsible for the content of any third
party sites that may be linked to or from
stratagemtech.com.
These links are provided for your convenience, and you
use them at your own risk. A link to a third party site
is not an endorsement of any third party site or service.
Stratagem Technical Services does not assume any
responsibility or liability for the content or use of any
third party site or any third party's products and/or
services.
Product/Service terms of use
Certain Stratagem Technical Services products and services
available through the site may have their own terms of
use. You agree to be bound by the terms of the purchase
with Stratagem Technical Services relating to the purchase
of any products or services via this site. You agree that
in the event of any conflict between these terms of use
and the terms of your purchase, the terms of the purchase
shall control.
Software
Certain software ("software") that you may download from
the site is the copyrighted works of Stratagem Technical
Services. Your use of the software is governed by the
terms of any end user license agreement that accompanies
the online download process. You may use the software
only in accordance with the terms of any accompanying
license agreement, and you are prohibited from using,
reproducing, copying, in whole or in part, distributing,
decompiling, decrypting, reverse engineering,
disassembling, displaying, downloading, storing,
transmitting, distributing, selling or otherwise
commercially exploiting any part of the software. Any
third party software you may download via the site is
subject to the terms and conditions of the third party's
license agreement with you, if any. You hereby assure
Stratagem Technical Services that you will not sublicense,
export, or transfer ownership rights in the Software. In
addition, you agree that you shall not violate any laws or
regulations regarding the export or distribution of
software outside the United States, including, but not
limited to, encryption software.
Our Transmissions
Any
material, information or idea you transmit to or post on
this site by any means will be treated as non-confidential
and non-proprietary, and may be disseminated or used by
Stratagem Technical Services or its affiliates for any
purpose whatsoever, including, but not limited to,
developing, manufacturing and marketing products and
services. Notwithstanding the foregoing, all personal data
provided to Stratagem Technical Services will be handled
in accordance with Stratagem Technical Services' online
Privacy Policy.
You are prohibited from posting or transmitting to or from
this site any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or
profane material, or any other material that could give
rise to any civil or criminal liability under the law.
Indemnification
You agree to indemnify and hold harmless Stratagem
Technical Services, its subsidiaries and affiliates, and
their respective officers, employees and agents, from any
and all third party claims or demands, including
reasonable attorney's fees, arising out of your use of the
site, your breach of these terms of service and/or your
infringement of any intellectual property right(s).
Disclaimer and Limitation of Liability
Stratagem Technical Services assumes no liability for any
errors or omissions contained on or in the site. The site
is offered to you on an "As Is" basis without a warranty
of any kind, either express or implied, including without
limitation, any warranty of merchantability or fitness for
a particular purpose.
STRATAGEM TECHNICAL SERVICES SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST
SAVINGS OR LOST POSTAGE, ARISING OUT OF THE USE OR
INABILITY TO USE THE SITE EVEN IF STRATAGEM TECHNICAL
SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL STRATAGEM TECHNICAL SERVICES'
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THIS
SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED ONE
DOLLAR ($1.00).
Waiver
Stratagem Technical Services' failure to enforce the
strict performance of any provision of this Agreement will
not constitute a waiver of its right to subsequently
enforce such provision or any other provisions hereunder.
Choice of Law and Jurisdiction
The validity and
interpretation of this agreement and the legal relations
of the parties to it shall be governed by the laws of the
state of Connecticut, without regard to its conflict of
laws principles. In the event of a dispute, the parties
hereto agree to consent to the exclusive jurisdiction of
the state and federal courts of the state of Connecticut.
Trademarks and Copyrights
The trademarks and service marks of Stratagem Technical
Services are the intellectual property of Stratagem
Technical Services and its affiliates and subsidiaries in
the United States and certain foreign countries
(collectively "marks"). All third party trademarks on the
site are the property of their respective owners and are
used with the owners' permission. Except as provided by
applicable law, the marks may not be used and/or
reproduced without the written permission of Stratagem
Technical Services. Those uses that are authorized must
comply with Stratagem Technical Services' trademark usage
guidelines (provided when necessary upon request). All
copyrightable material ("material") on the site,
including, but not limited to, the arrangement and
presentation of materials on the site, is protected under
copyright law as the exclusive property of Stratagem
Technical Services. The Material may not be used and/or
reproduced without the written permission of Stratagem
Technical Services. Any third party copyrighted material
appearing on the Site is used with the owner's permission.
Stratagem Technical Services will enforce its intellectual
property rights to the fullest extent permitted under the
law.
Other
Trademarks and Servicemarks
Other product
and company names are trademarks of their respective
owners.
Acrobat® |
Adobe
Systems Incorporated |
Adobe
Acrobat® |
Adobe
Systems Incorporated |
Macintosh® |
Adobe
Systems Incorporated |
BE
DIRECT |
Dell
Inc. |
BUSINESSCARE |
Dell
Inc. |
BUSINESSEASE ® |
Dell
Inc. |
CONNECTDIRECT |
Dell
Inc. |
CRITICAL CARE® |
Dell
Inc. |
DELL® |
Dell
Inc. |
DELL
(with stylized E) ® |
Dell
Inc. |
DELL
DIMENSION® |
Dell
Inc. |
DELLWARE FACTS LINE® |
Dell
Inc. |
DELL
DOLLARS |
Dell
Inc. |
DELLGUARD |
Dell
Inc. |
DELL
OPENMANAGE |
Dell
Inc. |
DELL
PRECISION™ |
Dell
Inc. |
DELL
TALK |
Dell
Inc. |
DELL
TALK(logo) |
Dell
Inc. |
DELL
THEFT |
Dell
Inc. |
DELLWARE® |
Dell
Inc. |
DESKDOCK® |
Dell
Inc. |
DIMENSION® |
Dell
Inc. |
DIRECTLINE™ |
Dell
Inc. |
E
(Slanted E design) ® |
Dell
Inc. |
EASYCARE |
Dell
Inc. |
EXPRESSCHARGE™ |
Dell
Inc. |
FREEDOM QUEUE |
Dell
Inc. |
HYPERCOOL™ |
Dell
Inc. |
IMAGECARE |
Dell
Inc. |
IMAGEWATCH |
Dell
Inc. |
INSPIRON™ |
Dell
Inc. |
LANSOLVE™ |
Dell
Inc. |
LATITUDE® |
Dell
Inc. |
OPENLINE® |
Dell
Inc. |
OPENFRAME™ |
Dell
Inc. |
OPTIPLEX® |
Dell
Inc. |
POWEREDGE® |
Dell
Inc. |
PREMIER ACCESS |
Dell
Inc. |
PREMIER PAGES |
Dell
Inc. |
QUIETKEY® |
Dell
Inc. |
RAMRIGHT™ |
Dell
Inc. |
RAPID
RESPONSE |
Dell
Inc. |
READYWARE® |
Dell
Inc. |
SAFESITE® |
Dell
Inc. |
SELECTCARE® |
Dell
Inc. |
STRIKE
ZONE™ |
Dell
Inc. |
THE
POWER OF TWO |
Dell
Inc. |
Ethernet® |
IBM
Corporation |
IBM® |
IBM
Corporation |
OS/2® |
IBM
Corporation |
PowerPC® |
IBM
Corporation |
Celeron™ |
Intel
Corporation |
Intel® |
Intel
Corporation |
Intel
Inside™ |
Intel
Corporation |
Intel
Centrino™ |
Intel
Corporation |
Itanium™ |
Intel
Corporation |
Xeon ® |
Intel
Corporation |
Pentium® |
Intel
Corporation |
IPower™ |
IPower,
Inc. |
IPowerweb™ |
IPOWERWEB, INC. |
Microsoft® |
Microsoft Corporation |
Windows NT® |
Microsoft Corporation |
Windows® |
Microsoft Corporation |
Sharp® |
Sharp
Electronics Corp. |
Solaris™ |
Sun
Microsystems, Inc. |
Vonage® |
Vonage Holdings Corporation |
Xerox® |
Xerox
Inc. |
|