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WEB SITE TERMS OF USE

Open Systems Management

Acceptance of terms

Open Systems Management Ltd. ("OSM") makes available on this Web site (the "Site") information, documents and software (collectively, the "Materials") subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site, you agree to the Terms of Use. OSM reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using any software that is made available to download from this Site ("Software"), you shall be subject to the terms and conditions of the end user license agreement posted on this Site ("Software License Agreement") and which is incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials, including Software, downloaded or printed from the Site.

Copyright: limited license

The Materials on this Site are protected by copyright and other intellectual property laws. Any unauthorized use of the Materials may violate such laws. Except as expressly provided herein, OSM and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information with respect to the Materials. Except as specifically permitted herein, no portion of the Materials may be reproduced in any form or by any means without the prior written permission of OSM.

Notice specific to software available on this website

The Software is the copyrighted work of OSM and/or its suppliers. Use of the Software is governed by the terms of the Software License Agreement. You will be unable to download or install any Software that is accompanied by or includes a Software License Agreement, unless you agree to the terms of such Software License Agreement. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

The Software is made available for downloading and installation solely for use by end users according to the Software License Agreement. Any reproduction or redistribution of the Software not in accordance with the Software 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 SITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE SOFTWARE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SOFTWARE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE SOFTWARE LICENSE AGREEMENT, OSM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, OSM MAY MAKE AVAILABLE ON THIS WEB SITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. OSM 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.

Notice specific to documents available on this website

Permission to use documents from this Site 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 this Site 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. 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 this Site or any other OSM owned, operated, licensed or controlled site. Elements of this Site 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 this Site may be copied or retransmitted unless expressly permitted in writing by OSM.

OSM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OSM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL OSM 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 THIS SITE.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OSM 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. IN NO EVENT SHALL OSM 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 THIS SITE.

Links to third party sites

SUCH LINKS WILL LET YOU LEAVE OSM'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF OSM AND OSM 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. OSM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. OSM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY OSM OF THE SITE.

Use and protection of account number and password

You are responsible for maintaining the confidentiality of your account email address and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Personal information and privacy

Refer to the Privacy Policy to learn how OSM protects your personal information such as your name and address. Please note that non-personal information or material sent to OSM will not be considered to be confidential.

Export Control Laws

If you are located in the United States of America, the export and re-export of OSM Software is controlled by the United States Export Administration Regulations and such Software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, OSM software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading the OSM Software you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

Restricted Rights Legend

Any Software which is downloaded from this Site 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 (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

Indemnity

You agree to indemnify and hold OSM, and its affiliates, officers, agents, 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 content you submit, post to or transmit through the Site (including, without limitation, any user content), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing law and jurisdiction

This Site (excluding linked sites) is controlled by OSM from its offices within the United Kingdom of Great Britain and Northern Ireland. By accessing this Site, you and OSM agree that all matters relating to your access to, or use of, this Site shall be governed by the laws of England and Wales. OSM makes no representation that the Materials available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Trademark Information

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of OSM or other third parties. You are not permitted to use the Marks without the prior written consent of OSM or such third party which may own the Marks. OSM and the OSM logo, cosbatch and the cosbatch logo, are trademarks of OSM.

Copyright notice

Copyright © 2007 Open Systems Management Ltd. All rights reserved.

Any rights not expressly granted herein are reserved.

Company information

Open Systems Management Ltd., 9 Millars Brook, Molly Millars Lane, Wokingham, Berks. RG41 2AD, UK

Company Number: 02207105. Registered Office: as above.

US address: Open Systems Management Inc., 444 NE Ravenna Blvd, Suite 202, Seattle, WA 98115