1. License to Use Our Concepts, Configurations, & Techniques
2. Use of Our Products and Site(s) Information
You may use the product(s) you license, including future updates and enhancements to the licensed product(s), and view, copy and print documents and graphics created with the licensed products (the "Documents") from Our Sites subject to the following: (a) the products and Documents may be used solely for your internal business use; and (b) the products and Documents may not be modified or altered in any way. Except for your company's information contained on Our Sites, and where your use constitutes "fair use" under copyright laws, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, reverse engineer, disassemble, prepare derivative works, use in any way to compete against us, distribute, publish, or display publicly, license, post, transmit or distribute our products, the Documents or any information from Our Sites in whole or in part, without the express written authorization of William C. Kemper.
Each license you obtain will allow a stated number of named individuals in your company to use the licensed product(s). The person(s) in your company which you have designated as your "Company Administrator" may, from time-to-time, change the individual named users by notifying Magister Operis through Our Sites.
You agree that Magister Operis and its MOSPs reserve the right to conduct investigations to insure the Magister Operis line of products, services, and techniques are used in a proper and/or unterroristic manner. You agree Magister Operis and its MOSPs reserve to right to refuse sales and service in whole or in part when Magister Operis deems necessary. You agree Magister Operis nor its MOSPs are not obligated to provide any reason whatsoever for any refusal of any sales or service.
Magister Operis and/or its MOSPs may you for ask for further information on implied usage of our products and services. Magister Operis and/or its MOSPs may ask you to give permission for background checking.
3. Communication and Activities on Our Sites
You agree not to upload, email, post, publish or otherwise transmit through Our Sites any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited advertisement, solicitation, bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations. You will not disrupt the functioning of Our Sites, solicit another user's password, or otherwise act in a way that interferes with other Magister Operis customers' use of Our Sites.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access Our Sites, and are fully responsible for all activities that occur under your password(s). You agree to notify Magister Operis immediately of any unauthorized use of your password(s). No data transmission over the Internet can be guaranteed to be 100% secure. Although Magister Operis is committed to protecting your personal information, Magister Operis cannot ensure or warrant the security of any information you send to Magister Operis, and you send such information at your own risk.
5. Third Party Web Sites, Content, Products and Services
Our Sites may provide links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of Our Sites. You agree that Magister Operis is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Magister Operis is not responsible for third party content accessible through Our Sites, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Magister Operis is not responsible for: (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Magister Operis is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
6. Your Third Party Relationships
In the course of your operations you will be conducting business with third parties of your choice. By using Our Sites, some of the communication for that business will flow through Magister Operis. Although, through Our Sites, Magister Operis will assist in the communication and organization of those business transactions, Magister Operis is not a party to your transactions. You agree that Magister Operis is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
7. Termination of Use
You agree that Magister Operis may, in its sole discretion and at any time, terminate your access and limited license to Our Sites, any specific product(s) and any account(s) you may have in connection with Our Sites. The termination may be for any or no reason, including but not limited to non-payment of fees for any licensed product(s). Access to and use of Our Sites may be monitored by Magister Operis.
8. Control of Our Sites
We may set limits regarding the services provided through Our Sites, including but not limited to limits on the amount of storage, the length of time stored materials are retained, and the amount of bandwidth used at any one time. We are not liable for the deletion or loss of any data or other information from Our Sites.
We may change or terminate any product(s) without notice or liability. We may terminate or change your password, account, or use of all or any part of Our Sites and we may remove any content within Our Sites without notice and for any reason.
Our Sites, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON Our Sites, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Magister Operis AND ITS MOSP EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER Magister Operis NOR ITS MOSP MAKE ANY WARRANTY THAT: (A) Our Sites, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) Our Sites, PRODUCTS OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Our Sites, PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. Magister Operis AND ITS MOSP SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, COMPUTER VIRUSES, OR THE USE OF Our Sites, PRODUCTS OR SERVICES IN ANY MANNER. IN ADDITION, Magister Operis AND ITS MOSP SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS OR USE BY ANYONE OF ANY INFORMATION OR DATA PUT ON OUR SITE BY YOU.
Magister Operis RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO Our Sites, PRODUCTS OR SERVICES AT ANY TIME WITHOUT NOTICE.
10. Limitation of Liability
IN NO EVENT SHALL Magister Operis OR ITS MOSP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR UNAUTHORIZED ACCESS OR USE BY ANYONE OF ANY INFORMATION OR DATA PUT ON OUR SITE BY YOU, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, Our Sites, PRODUCTS OR SERVICES.
IN ADDITION, IN NO EVENT WILL Magister Operis OR ITS MOSP BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE LICENSE PAYMENTS YOU HAVE MADE TO Magister Operis. YOU UNDERSTAND THAT BASED UPON THE AMOUNTS CHARGED BY Magister Operis, Magister Operis AND ITS MOSP CANNOT TAKE LEGAL RESPONSIBILITY FOR ANY DAMAGES, DIRECT OR OTHERWISE, IN EXCESS OF THE PAYMENTS YOU HAVE MADE AND, IF YOU DID NOT AGREE TO THIS LIMITATION OF LIABILITY, WE WOULD NOT ALLOW YOU TO SUBSCRIBE TO OUR SITE OR USE ANY OF OUR PRODUCTS OR SERVICES.
YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS, WHETHER GENERAL OR SPECIFIC TO YOUR INDUSTRY.
You agree to defend, indemnify and hold harmless Magister Operis, its MOSP, their parent, subsidiary and affiliated corporations and entities, or any of their officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of Our Sites, any Product or Service.
13. Note About Children
Minors are not eligible to use Our Sites. We strongly suggest that you do not allow minors access to Our Sites through your password and do not submit any personal information to us regarding minors.
14. Export Restrictions/Legal Compliance
15. Copyright/Trademark Information
Copyright© 1986-2004 William C. Kemper. All rights reserved worldwide. Our Sites, all of the products, services and all documentation, electronic or printed falls under our copyrights. Your observance of our copyrights and the other provisions under this Term of Use, in addition to being a promise to us, is a condition to the limited licenses granted by us to you.
In addition to our copyrights, the terms we use are protected as our trademarks. A non-exclusive list of those trademarks can be found at: Magister Operis Trademarks
16. Contact Information
17. General Terms and Applicable Laws
18. Equitable Relief
You acknowledge that any violation of this Agreement shall cause irreparable injury to Magister Operis, which damage may be difficult to calculate, and shall entitle Magister Operis to extraordinary and equitable relief, including but not limited to temporary restraining orders and preliminary and permanent injunctions, waiving (where you are permitted to do so) any requirement for the posting of a bond or security.
Modified May 1, 2004