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Welcome to the MagisterOperis.com website. Magister Operis is the trademark name and proprietary wholly owned property of William C. Kemper . By using any of the Magister Operis family of websites (which we will call "Our Sites"), you agree to be bound by the following terms and conditions concerning your use of this website and our Privacy Policy. We may revise the Terms of Use and/or our Privacy Policy at any time without prior notice to you, by posting a revised Terms of Use on Our Sites. You should review the Terms of Use and the Privacy Policy from time-to-time to learn of any changes.

1. License to Use Our Concepts, Configurations, & Techniques
Through either our Client Development Department, Our Sites or an approved Magister Operis Service Provider ("MOSP"), you will have the ability to sign up for various products which are a part of the family of Magister Operis products and services. By requesting a license for a product or products (either individually or as part of a package), services, timely paying any monthly fees, hourly fees, or commissions to Magister Operis or its subsidiaries, and complying with these Terms of Use and our Privacy Policy, until termination we grant you a non-exclusive, non-transferable, limited license to use the product(s) for your internal business purposes only. We retain full ownership of the concepts, configurations, and techniques of Magister Operis, all products developed within, Our Sites and all of our intellectual property. All rights, title and interest not expressly granted to you are reserved to Magister Operis and its subsidiaries.

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.

9. Disclaimer
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.

11. Indemnity
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.

12. Privacy Policy and Confidentiality
Magister Operis is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current Privacy Policy at any of Our Sites. Except to provide the services of Our Sites to you and as set out in the Privacy Policy, we will keep your confidential information in confidence. Conversely, to the extent that you learn any confidential information concerning Magister Operis, its business practice, plans, future product changes, Trade Secrets (as defined in Uniform Trade Secrets Act as enacted in the State of Georgia, including but not limited to, source codes, current and planned inventions) and the like, which is not intended for public disclosure, you will keep that information confidential until it is public, and you will not use the information outside the scope of your license and these Terms of Use.

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
You may not access, download, use or export Our Sites, or the content, software, products, or services provided on Our Sites in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Magister Operis in violation of any such restrictions, laws or regulations. Neither the services of Magister Operis nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, to any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

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
If you have any questions regarding these Terms of Use, our Privacy Policy or any other issue, please contact Magister Operis at (770) 232-8650 or This email address is being protected from spambots. You need JavaScript enabled to view it..

17. General Terms and Applicable Laws
These Terms of Use, as well as any Agreement or Addenda signed by you and Magister Operis, constitute the entire agreement between you and Magister Operis and govern your use of Our Sites and all products and services, superseding any prior agreements, oral or written, including but not limited to any prior oral or written agreements with Magister Operis. Our failure to enforce any right under the Terms of Use will not waive that right. If any provision of the Terms of Use is invalid, the Terms of Use should be interpreted to effect the intent of the parties, and the remaining provisions will stay in effect. The Agreement entered into is unique to you and Magister Operis, and is not for the benefit of any third party. You must file any claim or suit related to Our Sites or your use of any product or service, within one year after the claim arises. All matters relating to your use of Our Sites and any product or service shall be governed by Nevada law, or if superceded, by U.S. federal law, without regard to the conflict of law rules. Any legal action relating to your use of Our Sites or any product or service shall be instituted in a state or federal court in Gwinnett County, Georgia, with the prevailing party entitled to reasonable attorneys' fees and costs. You and Magister Operis agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action.

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

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