Terms and Condition Situs PT Telkom

Terms and Condition

Created on: Sabtu, 06 Februari 2010

KETENTUAN PENGGUNAAN

Selamat datang di situs milik PT Telkom Indonesia. Ketentuan Penggunaan berikut adalah ketentuan dalam penggunaan situs milik Telkom yaitu my.Telkom.co.id dan situs terkait lainnya (bersama-sama selanjutnya disebut sebagai "Situs") serta penggunaan atas konten, layanan dan fitur yang ada di Situs. Harap Anda membaca Ketentuan Penggunaan ini dengan sebaik-baiknya. Dengan mengakses dan menggunakan Situs ini, berarti Anda telah memahami dan setuju untuk terikat dengan semua peraturan yang berlaku di Situs ini. Jika Anda tidak setuju untuk terikat dengan semua peraturan yang berlaku di Situs ini, kami mempersilahkan Anda untuk tidak menggunakan Situs ini.

1. Perubahan Ketentuan Penggunaan

Telkom dapat setiap saat mengganti, menambah atau mengurangi Ketentuan Penggunaan ini. Anda terikat oleh setiap perubahan tersebut dan karenanya kami menghimbau Anda untuk secara berkala mengakses Situs ini guna melihat dan memperoleh informasi mengenai Ketentuan Penggunaan yang berlaku dan mengikat Anda.

2. Hak Kekayaan Intelektual

Setiap logo dan/atau aplikasi logo dan/atau merk atas layanan, konten, produk, dan fitur milik Telkom sebagaimana terdapat di Situs ini berada dibawah perlindungan hukum yang berlaku di Indonesia. Anda tidak dibenarkan untuk menggunakan, mengimplementasikan dan mengaplikasikan logo dan/atau aplikasi logo tanpa persetujuan tertulis sebelumnya dari Telkom.

Seluruh materi yang terdapat dalam Situs ini dibuat oleh Telkom, oleh karena itu Telkom memegang hak cipta penuh atas materi tersebut yang diberikan dan dijamin oleh hukum yang berlaku di Indonesia termasuk namun tidak terbatas pada Undang-undang No. 19 Tahun 2002 tentang Hak Cipta. Apabila ada individu maupun badan hukum yang menemukan bahwa material yang terdapat dalam Situs ini adalah miliknya, dapat segera menginformasikan kepada Telkom dan Telkom akan segera menghapusnya dari Situs ini.

3. Syarat dan Ketentuan Layanan, Konten, Produk dan Fitur yang terdapat di Situs ("Syarat dan Ketentuan Layanan")

Dengan mengakses dan/atau berlangganan layanan, konten, produk dan fitur (selanjutnya disebut “Layanan”) yang terdapat di Situs, Anda telah setuju untuk tunduk pada Syarat dan Ketentuan Layanan serta Anda telah setuju untuk menggunakan Layanan sesuai dengan ketentuan perundangan yang berlaku di Indonesia. Apabila Anda tidak ingin tunduk pada Syarat dan Ketentuan Layanan yang terdapat di Situs ini, Anda dilarang menggunakan atau mengakses Layanan yang terdapat di Situs ini. Telkom setiap saat dapat mengubah Syarat dan Ketentuan Layanan dan perubahan ini akan berlaku pada saat perubahan tersebut diposting di Situs. Dengan Anda menggunakan Layanan yang terdapat di Situs berarti melahirkan perjanjian antara Anda dan Telkom, dan Anda diwajibkan untuk mempelajari Syarat dan Ketentuan Layanan secara berkala dengan mengakses Situs ini. Dengan ini Anda setuju untuk mempelajari Syarat dan Ketentuan Layanan di Situs secara berkala dan dengan Anda tetap menggunakan seterusnya Layanan yang terdapat di Situs merupakan bentuk penerimaan atas Syarat dan Ketentuan Layanan beserta perubahannya.

4. Kewajiban Pengguna Situs

Penggunaan Anda atas Situs ini harus tunduk pada hukum dan peraturan perundangan dalam wilayah Republik Indonesia. Anda menjamin bahwa Anda akan hanya menggunakan Situs dan Layanan yang terdapat di Situs sesuai dengan Ketentuan Penggunaan dan/atau Syarat dan Ketentuan Layanan dan/atau sesuai dengan ketentuan hukum dan perundang-undangan yang berlaku di Indonesia.

Anda setuju untuk membebaskan dan/atau melindungi Telkom atas segala tuntutan maupun, gugatan pihak lain mengenai namun tidak terbatas pada hal-hal yang mungkin terjadi sehubungan dengan (1) penggunaan Anda atas Situs dan/atau atas Layanan yang terdapat pada Situs; dan/atau (2) pelanggaran atas Ketentuan Penggunaan Situs dan/atau Syarat dan Ketentuan Layanan yang terdapat pada Situs ini.

Pelanggan Telkom yang telah melakukan pendaftaran untuk menjadi pelanggan Layanan dengan cara apapun (dengan mengisi formulir berlanggaran secara tertulis atau dengan pendaftaran secara elektronik), dengan ini menyatakan setuju dan tunduk pada ketentuan yang tercantum dalam Syarat dan Ketentuan Layanan tersebut.

5. Penyalahgunaan atau Kehilangan Akun

Jika terjadi kehilangan, kecurian, dan atau penyalahgunaan akun situs ini, Pelanggan Telkom wajib untuk segera memberitahu Telkom. Pelanggan Telkom akan bertanggung jawab untuk semua hal sehubungan dengan penggunaan akun situs ini, termasuk namun tidak terbatas pada semua yang berkaitan dengan penyalahgunaan dan atau penggunaan untuk tujuan penipuan/tidak sah yang dilakukan oleh Pelanggan Telkom dan/atau pihak lain.

6. Penangguhan dan Pemutusan Layanan

Telkom berhak menurut kebijaksanaannya dan demi kenyamanan seluruh pelanggannya, untuk melakukan penangguhan atau pemutusan Layanan tanpa pemberitahuan terlebih dahulu atau ganti rugi terhadap Pelanggan, apabila hal-hal dibawah ini terjadi:

·         Terjadi kerusakan secara teknis pada Layanan;

·         Terdapat perbaikan, modifikasi atau pemeliharaan pada Layanan;

·         Pelanggan melakukan pelanggaran terhadap Syarat & Ketentuan;

·        Jika Pelanggan dan atau pihak lain, yang berdasarkan pertimbangan Telkom akan mengakibatkan kerugian atau kerusakan terhadap Telkom dan/atau terhadap Layanan;

·        Apabila berdasarkan pertimbangan Telkom, Layanan disalahgunakan untuk tujuan penipuan oleh Pelanggan dan atau pihak lain;

Telkom akan berusaha untuk melakukan tindakan secepat mungkin jika penangguhan atau pemutusan terjadi disebabkan oleh hal-hal yang dinyatakan di atas. Pelanggan akan bertanggung jawab untuk semua biaya yang dikenakan pada saat gangguan, penangguhan atau kerugian terhadap Layanan tersebut.

7. Disclaimer

·       Seluruh informasi yang terkandung dalam Situs ini adalah benar pada saat dimasukkan. Telkom mempunyai  hak penuh untuk mengubah informasi yang ada dari waktu ke waktu

·       Ketidakmampuan atau kegagalan Anda dalam melakukan akses Situs ini tidak dapat dijadikan alasan untuk  menuntut, menggugat maupun mengklaim Telkom apabila ada kerugian yang menimpa Anda.

·          Jika terdapat pengguna Situs yang memberikan tanggapan atas informasi yang ada dalam Situs ini, termasuk   tetapi tidak terbatas pada pertanyaan, komentar, saran atau yang lain, maka hal itu dianggap sebagai sesuatu yang bukan rahasia dan Telkom tidak mempunyai kewajiban apapun sehubungan dengan tanggapan tersebut serta Telkom memiliki kebebasan untuk mereproduksi, menggunakan, memberitahukan atau membagikan tanggapan tersebut tanpa pembatasan.

8. Hukum yang Berlaku

Ketentuan Penggunaan ini beserta Syarat dan Ketentuan Layanan yang terdapat pada Situs tunduk pada hukum yang berlaku di wilayah Republik Indonesia

9. Link Situs Pihak Lain

Situs ini mungkin menyediakan link ke situs pihak lain. Link dimaksud tidak memperlihatkan bahwa Telkom menyetujui dan bertanggung jawab atas konten situs pihak lain tersebut. Anda mengetahui dan menyetujui bahwa dengan ini Telkom tidak bertanggung jawab atas konten atau materi lainnya yang ada pada situs pihak lain tersebut
sumber : https://my.telkom.co.id/knowledge-base/index.php?pID=14

MALWAREBYTES ANTI-MALWARE SOFTWARE LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE MALWAREBYTES ANTI-MALWARE SOFTWARE OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”). 

THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT AND THE MALWAREBYTES ORDERING DOCUMENT YOU EXECUTED OR AGREED TO, AND (WHERE APPLICABLE) ANY malwarebytes License Key information PROVIDED BY mALWAREBYTES, IN EACH CASE GOVERNING YOUR LICENSE TO THE SOFTWARE (COLLECTIVELY, THE “PURCHASE RECEIPT”) (THIS SOFTWARE LICENSE AGREEMENT AND THE PURCHASE RECEIPT COLLECTIVELY, THIS “AGREEMENT”) GOVERN USE OF THE SOFTWARE UNLESS YOU AND MALWAREBYTES CORPORATION (“MALWAREBYTES”) HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT GOVERNING USE OF THE SOFTWARE.  FOR THE AVOIDANCE OF DOUBT, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF YOU HAVE AN EXISTING VALID PAID LIFETIME LICENSE TO MALWAREBYTES ANTI-MALWARE PRO PURSUANT TO A SEPARATE AGREEMENT BETWEEN YOU AND MALWAREBYTES, THE TERMS OF SUCH SEPARATE AGREEMENT WILL CONTINUE TO APPLY TO YOUR USE OF THE SOFTWARE.

Malwarebytes is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement.  By clicking on the “I accept” button below or by downloading, installing or using the Software, you have indicated that you understand this Agreement and accept all of its terms.  If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, “you” and “your” will refer to that company or other legal entity.  If you do not accept all the terms of this Agreement, then Malwarebytes is unwilling to license the Software to you, and you must return the Software to the place of purchase for a refund, if you have paid for the license to the Software, or, if Malwarebytes has made the Software available to you without charge, you must destroy all copies of the Software.  If you have paid for the license to the Software and the place of purchase will not accept your return, you can contact Malwarebytes directly.  Your right to return the Software for a refund expires 30 days after the date of purchase. 

1.    Grant of License. 

(a)    Paid Subscription License.  If you purchased a license to the Software from Malwarebytes or from an authorized Malwarebytes reseller, then the license grant and license restrictions applicable to your use of the Software are as set forth in the applicable license exhibit attached hereto for the type of Software indicated on your Purchase Receipt or applicable purchasing documentation accompanying the Software. 

(b)    Free License.  However, if you are using a free version of the Software, then conditioned upon your compliance with the terms and conditions of this Agreement, Malwarebytes grants you a non-exclusive and non-transferable license to Execute (as defined herein) a single copy of the Software solely in executable form on a single computer or virtual machine (a “Computer”), solely for your personal, non-commercial purposes (i.e., not on Computers used in a business).  Once installed onto a Computer, the Software may not be operated by any third person.  You may not transfer the Software to a different Computer.  For purposes of this Agreement, “Execute” and “Execution” means to load, install, and run the Software locally on a single Computer in order to benefit from its functionality as designed by Malwarebytes.

(c)    Trial License.  If you have obtained a trial or evaluation version of the Software from Malwarebytes or from an authorized Malwarebytes reseller, then conditioned upon your compliance with the terms and conditions of this Agreement, Malwarebytes grants you a non-exclusive and non-transferable license to Execute the Software solely in executable form, solely for testing and evaluation purposes, and not for production use.  The foregoing trial license permits Execution of only such number of copies of the Software, and on such number of Computers, as is expressly permitted by Malwarebytes with respect to such trial.  If no such number of copies or Computers is specified by Malwarebytes, the foregoing trial license permits Execution of a single copy of the Software on a single Computer.

2.    Restrictions.  You may not run the Software on a network.  You may not use on behalf of, or make the functionality of the Software available to, third parties for any purpose, including, but not limited to, providing any computer repair, help desk or troubleshooting service.  You may not combine this Software with any third party script, application, hardware or tools which would cause it to run on an automated or unattended basis.  You may not: (a)  copy (except in the course of loading or installing) or modify the Software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Software; (b)  transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (c) make the functionality of the Software available to multiple users through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services.  You acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Malwarebytes and its licensors.  Accordingly, you agree not to disassemble, decompile or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

3.    Ownership.  Each copy of the Software is licensed, not sold.  You own the media on which the Software is recorded, but you acknowledge and agree that Malwarebytes retains ownership of the Software itself and any related data or databases used by Malwarebytes or the Software (the “Database”), including all intellectual property rights therein.  The Software and Database are protected by United States copyright law and international treaties.  You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you. Malwarebytes reserves all rights in the Software and Database not expressly granted to you in this Agreement. 

4.    Updates.  From time to time, Malwarebytes may, but has no obligation to, provide updates to the Software.  You are advised to update the Software regularly, or to set it to update automatically if that feature is available in your version of the Software.  Malwarebytes reserves the right to designate any updates, additional content or features as requiring separate payment or purchase of a separate subscription at any time and without notice to you.  Nothing in this Agreement entitles you to receive any support, maintenance, updates, upgrades, content or new versions of the Software, and Malwarebytes specifically reserves the right to cease providing, updating, or maintaining the Software or Database at any time in its sole discretion.  If you have entered into a separate maintenance and support or similar agreement with Malwarebytes, then Malwarebytes will provide Software maintenance and support in accordance with the terms of that agreement, not this Agreement.

5.    Term. 

(a)    Paid Subscription License Term.  If you have purchased a license to the Software, then the initial term of this Agreement commences on the date specified in the Purchase Receipt or applicable purchasing documentation accompanying the Software (or if no such date is specified, the date you initially install a copy of the Software on a Computer (regardless of the number of copies of the Software that you are permitted to use in accordance with this Agreement)), and, in each case, continues for the period of time set forth in the Purchase Receipt or applicable purchasing documentation (or, if no such date is specified, for one (1) year),.  At the end of such initial term (and each renewal term thereafter, if any), subject always to payment of the applicable license fees for each such renewal term, this Agreement will automatically renew for additional successive terms equal to the period of time set forth in the applicable Purchase Receipt or purchasing documentation accompanying the Software (or, if no such date is specified, for additional successive terms of one (1) year), unless either party provides the other party with notice of nonrenewal at least thirty (30) days prior to the end of the then-current term.

(b)    Free License Term.  If you have obtained a license to a free version of the Software, then your license will continue until terminated in accordance with this Agreement. 

(c)    Trial License Term.  If you have obtained a trial license to the Software, then your license will continue for such time period as may be specified by Malwarebytes with respect to such trial.  In addition, Malwarebytes may terminate your trial license at any time at its sole discretion.

(d)    Termination Rights.  You may terminate the license at any time by destroying all copies of the Software in your possession or control.  The license granted under this Agreement will automatically terminate, with or without notice from Malwarebytes, if you breach any term of this Agreement.  Without limiting the foregoing, if you fail to pay the applicable license fees as specified in the Purchase Receipt or applicable purchasing documentation, your license to the Software ends automatically.  If you sue anyone over patents that you think may apply to the Software, your license to the Software ends automatically.  Any patent rights in the Software granted by this license apply only to the Software.

(e)    Effects of Termination. Termination of this Agreement, other than pursuant to Section 8, does not entitle you to a refund of any pre-paid fees.  Sections 3, 5(e), 6, 7, 9 and 12 of this Agreement will survive any termination or expiration of this Agreement.  Upon termination or expiration of this Agreement, your rights to use the Software cease.

6.    Privacy Policy.  By entering into this Agreement you agree to the terms of Malwarebytes’ privacy policy, which can be found at www.malwarebytes.org <http://www.malwarebytes.org/> (the “Privacy Policy”). More information concerning what data is tracked by Malwarebytes and how it is used is available in the Privacy Policy.  Specifically, you agree that Malwarebytes may track certain information it obtains from your computer including data about any malicious software or other threats flagged by the Software, data about your license, data about what version of the Software you are using and what operating conditions it runs under and data concerning your geographic location.  Malwarebytes will not track any personal information about your computer other than data which is specifically related to operation of the Software.  Geographic data collected by Malwarebytes tracks country and region, but will not obtain data about your specific address.

7.    Limited Warranty; Disclaimer.  Malwarebytes warrants that any physical media manufactured by Malwarebytes on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to you.  Your sole and exclusive remedy, and Malwarebytes’ sole liability, in the event of a breach of the foregoing warranty will be that Malwarebytes will, at its option, replace any defective media returned to Malwarebytes within the warranty period or refund the money you paid for the Software.  EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS SECTION 7, THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND.  MALWAREBYTES DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MALWAREBYTES OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. Malwarebytes does not warrant that the Software will meet your requirements, that the Software will operate in the combinations that you may select for Execution, that the operation of the Software will be error-free or uninterrupted, or that all Software errors will be corrected.  Malwarebytes specifically disclaims any warranty or representation as to the Software’s ability to eliminate any specific malware threats or the completeness of the Database or protection modules.

8.    Indemnity.   Malwarebytes will defend or settle any action brought against you to the extent that it is based upon a claim that the Software, as provided by Malwarebytes to you under this Agreement and used within the scope of this Agreement, infringes any U.S. patent or any copyright or misappropriates any trade secret, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are awarded against you, provided that you:  (a) promptly notify Malwarebytes in writing of the claim; (b) grant Malwarebytes sole control of the defense and settlement of the claim; and (c) provide Malwarebytes, at Malwarebytes' expense, with all assistance, information and authority reasonably required for the defense and settlement of the claim.  If your use of any of the Software hereunder is, or in Malwarebytes' opinion is likely to be, enjoined due to the type of claim specified in this Section, Malwarebytes may, at its sole option and expense: (x) procure for you the right to continue using such Software under the terms of this Agreement; (y) replace or modify such Software so that it is non-infringing and substantially equivalent in function to the enjoined Software; or (z) if options (x) and (y) above cannot be accomplished despite Malwarebytes' reasonable efforts, then Malwarebytes may terminate your rights and Malwarebytes' obligations hereunder with respect to such Software and refund to you the unamortized portion of the license fees paid by you for such Software, based upon a straight-line five (5) year depreciation commencing as of the date of receipt by you of such Software.  Notwithstanding the terms of this Section, Malwarebytes will have no liability for any infringement or misappropriation claim of any kind to the extent that it results from:  (A) modifications to the Software made by a party other than Malwarebytes, if a claim would not have occurred but for such modifications; (B) the combination, operation or use of the Software with equipment, devices, software or data not supplied by Malwarebytes, if a claim would not have occurred but for such combination, operation or use; (C) your failure to use updated or modified Software provided by Malwarebytes to avoid a claim; or (D) your use of the Software other than in accordance with this Agreement or the associated documentation.  THE PROVISIONS OF THIS SECTION 8 SET FORTH MALWAREBYTES’ SOLE AND EXCLUSIVE OBLIGATIONS, AND YOUR SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND.

9.    Limitation of Liability.  MALWAREBYTES' TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AMOUNTS PAID TO MALWAREBYTES BY YOU FOR THE SOFTWARE.  IN NO EVENT WILL MALWAREBYTES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR the cost of procuring substitute products ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MALWAREBYTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10.    U.S. Government End Users.  The Software is a “commercial item” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR  12.212 and DFARS  227.7202.  If the Software is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Software will be only those specified in this Agreement.

11.    Export Law.  You agree to comply fully with all U.S. and other applicable export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

12.    General.  For purposes of this Agreement, the terms “purchase,” “sell” and like terms refers to purchase or sale of a license to use the Software and not to a purchase or sale of title to or ownership of any rights or other interests in the Software.  This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles.  The United Nations Convention on Contracts for the International Sale of Goods will not apply.  You agree that any claims or actions regarding this Agreement may be brought solely in the state of federal courts located in Santa Clara County, California, and you waive any right to challenge jurisdiction and venue therein. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Malwarebytes' prior written consent, and any attempt by you to do so, without such consent, will be void.  Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.  All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt.  The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.  Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties.  Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.  Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.  This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Malwarebytes have executed a separate agreement.  Any terms or conditions contained in your purchase order or other purchasing document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by Malwarebytes and will be deemed null.

13.    Contact Information.  If you have any questions regarding this Agreement, you may contact Malwarebytes at legal@malwarebytes.org.

Exhibit 1 - Malwarebytes Anti-Malware Premium

This Exhibit 1 is incorporated into and made part of the Malwarebytes Anti-Malware Software License Agreement if your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased a subscription to Malwarebytes Anti-Malware Premium. 

1.    General Malwarebytes Anti-Malware Premium License Grant.  If your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased a subscription to Malwarebytes Anti-Malware Premium then, conditioned upon your compliance with the terms and conditions of this Agreement, Malwarebytes grants you a non-exclusive and non-transferable license to Execute a single copy of the Software solely in executable form on a single Computer, (or if your Purchase Receipt or applicable purchasing documentation accompanying the Software specifies a greater number of copies and/or Computers, only such number of copies, and on the number of Computers, for which you have paid), and solely for your personal, non-commercial purposes (i.e., not on Computers used in a business).  You may not transfer the Software to a different user, except that once installed onto a Computer, the Software may be operated by any person using the Computer, provided that that person resides in, or is a guest in, your household or is providing support services to you with respect to that Computer.  You may transfer the Software to a different Computer; provided that you uninstall and remove the Software from the first Computer when you install it on the other Computer. 

2.    General Malwarebytes Anti-Malware Premium License Restrictions.  You may not run the Software on a network, but must install it only on the individual Computers you are licensed for and run it locally on those Computers.  You may not use the Software, or make the functionality of the Software available to third parties, for any commercial purpose, including, but not limited to, providing any computer repair, help desk or troubleshooting service to any third party.  You may not combine this Software with any third party script, application, hardware or tools which would cause it to run on an automated or unattended basis.  Except as expressly specified or permitted in this Agreement, you may not: (a) copy (except in the course of loading or installing) or modify the Software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Software; (b)  transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (c) make the functionality of the Software available to multiple users through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services.  You acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Malwarebytes and its licensors.  Accordingly, you agree not to disassemble, decompile or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

Exhibit 2 - Malwarebytes Anti-Malware Small Business Edition
This Exhibit 2 is incorporated into and made part of the Malwarebytes Anti-Malware Software License Agreement if your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased a subscription to Malwarebytes Anti-Malware Small Business Edition. 

1.    General Malwarebytes Anti-Malware Small Business Edition License Grant.  If your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased a subscription to Malwarebytes Anti-Malware Small Business Edition then, conditioned upon your compliance with the terms and conditions of this Agreement, Malwarebytes grants you a non-exclusive and non-transferable license to Execute the number of copies of the Software for which you have paid solely in executable form on the corresponding number of Computers owned or used by your company, or which are owned by employees, contractors or other agents of your company and used on your company’s behalf, solely for your internal business purposes.  Once installed onto a Computer, the Software may be operated by any person using the Computer, whether directly or via remote connection.  You may permit your contractors and third party service providers to use the Software solely on your behalf for managing your Computers, provided that each such Computer is running an authorized copy of the applicable Software.

2.    General Malwarebytes Anti-Malware Small Business Edition License Restrictions.  You may not run the Software on a network, but must install it only on the quantity of individual Computers you are licensed for and run it locally on those Computers (but you may install the Software onto individual Computers via upload or ‘push through’ via a network).  You may not use the Software, or make the functionality of the Software available to third parties, for any commercial purpose, such as for providing any computer repair, help desk or troubleshooting service to any third party.  You may not combine this Software with any third party script, application, hardware or tools which would cause it to run on an automated or unattended basis.  Except as expressly specified or permitted in this Agreement, you may not: (a) copy (except in the course of loading or installing) or modify the Software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Software; (b)  transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (c) make the functionality of the Software available to multiple users through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services.  You acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Malwarebytes and its licensors.  Accordingly, you agree not to disassemble, decompile or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

3.    Additional Malwarebytes Anti-Malware Small Business Edition License Rights and Restrictions.  In addition to the above, if your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased one of the following licenses, then the applicable terms below also apply to you and your use of the Software.

·    Education License. If your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased an Education License, then you agree to use the Software solely for educational purposes.  Educational purposes are limited to use that furthers the educational goals of your institution.

·    Government License.  If your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased a Government License, then you agree to use the Software solely for government use.

·    Non-Profit License. If your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased a Non-Profit License, then you agree to use the Software solely in the furtherance of your Non-Profit purposes.  Non-Profit purposes are limited to use that furthers the Non-Profit goals of your institution.  In addition, you warrant that you are a Non-Profit institution under U.S. IRS Provision 501(c) or similar legislation.

Exhibit 3 - Malwarebytes Anti-Malware Enterprise Edition

This Exhibit 3 is incorporated into and made part of the Malwarebytes Anti-Malware Software License Agreement if your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased a subscription to Malwarebytes Anti-Malware Enterprise Edition. 

1.    General Enterprise Malwarebytes Anti-Malware Enterprise Edition License Grant.  If your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased a subscription to Malwarebytes Anti-Malware Enterprise Edition, then conditioned upon your compliance with the terms and conditions of this Agreement, Malwarebytes grants you a non-exclusive and non-transferable license to Execute the number of copies of the Software for which you have paid solely in executable form for managing no more than the number of Computers for which you have paid, solely for your internal business purposes.  Once installed onto a Computer, the Software may be operated by any person using the Computer, whether directly or via remote connection.  You may permit your contractors and third party service providers to use the Software solely on your behalf for managing your Computers, provided that each such Computer is running an authorized copy of the applicable Software. 

2.    General Malwarebytes Anti-Malware Enterprise Edition License Restrictions.  You may run the Software on a network, provided you only operate it on the quantity of individual Computers you are licensed for.  You may not use the Software, or make the functionality of the Software available to third parties, for any commercial purpose, such as for providing any computer repair, help desk or troubleshooting service to any third party.  You may not combine this Software with any third party script, application, hardware or tools which would cause it to run on an automated or unattended basis.  Except as expressly specified or permitted in this Agreement, you may not: (a) copy (except in the course of loading or installing) or modify the Software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Software; (b)  transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (c) make the functionality of the Software available to multiple users through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services.  You acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Malwarebytes and its licensors.  Accordingly, you agree not to disassemble, decompile or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

3.    Additional Malwarebytes Anti-Malware Enterprise Edition License Rights and Restrictions.  In addition to the above, if your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased one of the following licenses, then the applicable terms below also apply to you and your use of the Software.

·    Education License. If your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased an Education License, then you agree to use the Software solely for educational purposes.  Educational purposes are limited to use that furthers the educational goals of your institution.

·    Government License.  If your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased a Government License, then you agree to use the Software solely for government use.

·    Non-Profit License. If your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased a Non-Profit License, then you agree to use the Software solely in the furtherance of your Non-Profit purposes.  Non-Profit purposes are limited to use that furthers the Not-for-Profit goals of your institution.  In addition, you warrant that you are a Non-Profit institution under U.S. IRS Provision 501(c) or similar legislation.

Exhibit 4 - Malwarebytes Techbench

This Exhibit 4 is incorporated into and made part of the Malwarebytes Anti-Malware Software License Agreement if your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased a subscription to Malwarebytes Techbench.

1.    General Malwarebytes Techbench License Grant. If your Purchase Receipt or applicable purchasing documentation accompanying the Software states that you have purchased a subscription to Malwarebytes Techbench, then conditioned upon your compliance with the terms and conditions of this Agreement, Malwarebytes grants you a non-exclusive and non-transferable license to run (without installation) the Software via the USB drive provided to you by Malwarebytes, solely in executable form on a single Computer at a time, solely for the purposes of providing computer repair or troubleshooting services.  The Software may only be operated by you and not by any third party, including, but not limited to, any customer.  You may not copy or transfer the Software from the media on which it is provided to you.

2.    General Malwarebytes Techbench License Restrictions. You may not run the Software on a network.  You may not combine this Software with any third party script, application, hardware or tools which would cause it to run on an automated or unattended basis. Except as expressly specified in this Agreement, you may not: (a)  copy (except in the course of running) or modify the Software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Software; (b)  transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (c) make the functionality of the Software available to multiple users through any means, including but not limited to by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services.  You acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Malwarebytes and its licensors.  Accordingly, you agree not to disassemble, decompile or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

Malwarebytes Corp. March, 2014

OVERDRIVE MEDIA CONSOLE Version 3.3

OVERDRIVE MEDIA CONSOLE Version 3.3
(June 2014)
This Software License Agreement ("Agreement") is a legal agreement made between OverDrive, Inc. One OverDrive Way, Cleveland, Ohio 44125 USA, ("Licensor"), and You (licensee and user of the Software). By selecting the “Next” button and using the software, you are confirming your acceptance of the software and agreeing to become bound by the terms of this agreement. If you do not agree to be bound by these terms, then do not install the software. In consideration of the foregoing covenants and agreements contained herein, the parties hereto agree as follows:
Licensor grants to you a non-exclusive, non-assignable, non-transferable, limited license to the OverDrive Media Console and OverDrive Media Explorer ("Software") in machine-readable code for evaluation and testing purposes only. The Software is licensed as a single product. Its component parts may not be separated for independent use. You may not remove any proprietary notices or labels on or in the Software. You may not sell, transfer, rent, lease or otherwise sub-license the Software or documentation to any third party under any circumstances. You may not in any way modify the Software. Any modifications to the Software will negate and void the limited warranties expressed herein. You shall not create modifications or adaptations to the Software or documentation in whole or in part including but not limited to translating or creating derivative works; furthermore, you shall not be permitted to disassemble or reverse compile the Software for any reason whatsoever.
You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
The Software is for your personal, non-commercial use. You shall not download and/or install the Software on public Internet terminals and/or computers, without prior written permission from OverDrive.
IMPORTANT: During the term of this License Agreement, Licensor may make available to you upgrades and revisions to the Software including the production version of the Software. In the event Licensor releases and makes available by posting on Licensor's website at www.overdrive.com any upgraded or replacement version of the Software, you shall obtain such newer version and cease use of the prior release of the Software. You further acknowledge that Licensor has advised you that you may use Version 3.3 of the Software to test and evaluate its use but may not rely on Version 3.3 release of the Software for any commercial purpose whatsoever. You are advised that Version 3.3 of the Software may contain bugs and may change during the Version 3.3 rendering the Software incompatible with other software. You agree to limit your use of Version 3.3 of the Software to activities that are evaluation and testing related and not for any production purposes.
OWNERSHIP: You acknowledge and agree that OverDrive, Inc., and its suppliers, maintain exclusive ownership of and to Software, in all forms and all copies thereof including, without limitation, any and all worldwide copyrights, patents, trade secrets, trademarks, and proprietary and confidential information rights associated with Software. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Software. The Software is licensed, not sold. You shall not prepare derivative works of Software or any portion thereof. No ownership rights in any of Software are transferred to you. You acknowledge and warrant that nothing in this Agreement gives you the right, title or interest in Software except for your limited express rights granted pursuant to Section 1 of this Software License Agreement.
THIRD PARTY ACKNOWLEDGEMENTS: Portions of the Software utilize or include third party software and other copyrighted material. The Software includes certain software owned by Apple Computer, Inc. licensed by OverDrive, Inc. Portions of the Software utilize or include materials that are subject to the Mozilla Public License Version 1.1. (“License”). You may obtain a copy of the License at www.mozilla.org/MPL/.
DIGITAL CONTENT: Use of the Software and associated services, along with the digital content (collectively “Content”) grants you a non-exclusive, limited time, non transferable license to use the Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You may copy, store, transfer and burn the Digital Content only for your personal, non-commercial, entertainment use. For Content downloaded from a library service, at the end of the lending period, your license to the Content terminates, and you may no longer use or access the Content. At the end of the lending period, you are required to delete and/or destroy any and all copies of the Content. In the event OverDrive, the library or other rights holders determines you are violating permitted uses of the Content, we reserve the right to suspend or terminate your ability to use or access an OverDrive service or the Content. You shall not use the Software or any other means to download and/or install Content on public Internet terminals and/or computers without prior written permission from OverDrive.
RESTRICTIONS: You represent, warrant and agree that you will use the Content only for your personal, non-commercial, entertainment use and not for any redistribution of the Content or other use restricted in this Section. You agree not to infringe the rights of the Content's copyright owners and to comply with all applicable laws in your use of the Content. You will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Content. You acknowledge that the Content embodies the intellectual property of a third party and is protected by law.
CONFIDENTIALITY: You acknowledge that Software is confidential information of Licensor and that it embodies certain valuable proprietary information and trade secrets. Accordingly, during the term of this Agreement, you agree to use Software only in accordance with the terms and conditions of this Agreement. You agree to implement procedures to prevent other persons from obtaining access to or use of Software without your knowledge and Licensor's prior express written permission. Furthermore, with respect to the Software, you acknowledge the uniqueness of such Software and that Licensor will suffer irreparable harm shall you fail to abide by the terms and conditions herein. You further agree that Licensor may, in addition to recovering legal damages, proceed in equity to obtain injunctive relief to enjoin you from violating Licensor's rights in Software.
NO WARRANTIES.
THE SOFTWARE IS PROVIDED "AS-IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LICENSOR SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
LIMITATION OF LIABILITY: In no event will Licensor be liable for any damages whatsoever including but not limited to, direct, indirect, special, incidental, or consequential damages or other pecuniary loss arising out of use or inability to use the Software, even if licensor has been advised of the possibilities of such damages.
NO MAINTENANCE OR SUPPORT: This Agreement does not express or entitle you to any support or maintenance for the Software.
TERMINATION: Licensor may terminate this Agreement and any license to use the Software at its discretion. Upon termination, you shall destroy and remove from any and all systems all copies of the Software. All disclaimers of warranties and limitation of liability set forth in this Agreement shall survive any termination of this Agreement.
SEVERABILITY: In the event that a court of competent jurisdiction determines that any portion of this Agreement is unenforceable, said unenforceability shall not affect any other provision of this Agreement.
GOVERNING LAW AND JURISDICTION: This Agreement shall be governed, interpreted, and enforced by the laws of the State of Ohio. Any legal action brought involving the Software and/or Agreement shall be brought only in the courts of the State of Ohio, in the County of Cuyahoga, or in the federal courts located in such state (and county). Both parties to this Agreement submit to venue and jurisdiction in these courts. In the event that an action or claim arises outside of the exclusive jurisdiction specified herein which names OverDrive, Inc. as a party, Licensor and you specifically agree to initiate, consent to and/or cooperate with any and all efforts to remove the matter to the exclusive jurisdiction named herein, or otherwise take any and all reasonable actions to achieve the objectives of this provision.
OUTSIDE THE U.S.: The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties, remedies or liability contained in this Agreement shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement and understanding of the parties and supersedes all prior and contemporaneous agreements, understandings, negotiations and proposals, oral or written. This Agreement may be amended or modified only by a subsequent agreement in writing signed by each of the parties and may not be modified by course of conduct.
U.S. GOVERNMENT RESTRICTED RIGHTS: Distribution and use of the Software and derivative works thereof to and by the United States Government will be subject to the Restricted Rights as set forth in subparagraph (c) (1) ii of the rights in Technical Data and Computer Software clause at DFAR 252.227-7013. All software is commercial computer software developed at private expense. Use, duplication or disclosure by the U.S. Government is subject to the restrictions set forth in FAR 52.277-19(c)(2) where applicable or the applicable provisions of the DFAR supplement 252.227.7013 subdivision (a)(15) or (a)(17).
GENERAL: All questions concerning this Agreement shall be directed to: OverDrive, Inc. One OverDrive Way, Cleveland, Ohio 44125 USA Attention: General Counsel.
Important Notice About Copyrighted Materials: The laws of copyright protect the digital content ("Content") that is made available in this software and associated OverDrive services. Copyrights in the Content are held by their respective owners. The Content embodies the intellectual property of a third party and is protected by law. You may use the Content only for your personal, non-commercial use. The Content and any other copyrighted material may not be modified, copied, distributed, shared, displayed, emailed, transmitted, sold or otherwise transferred, conveyed or used, in a manner inconsistent with the Agreement, or rights of the copyright owner. You will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer the Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Content. For Content downloaded from a library service, at the end of the lending period, your license to the Content terminates, and you may no longer use or access the Content. At the end of the lending period, you are required to delete and/or destroy any and all copies of the Content. In the event OverDrive, the library or other rights holders determines you are violating permitted uses of the Content, we reserve the right to suspend or terminate your ability to use or access an OverDrive service or the Content.

Internet Archive's Terms of Use, Privacy Policy, and Copyright Policy

Terms of Use
10 March 2001
This terms of use agreement (the "Agreement") governs your use of the collection of Web pages and other digital content (the "Collections") available through the Internet Archive (the "Archive"). When accessing an archived page, you will be presented with the terms of use agreement. If you do not agree to these terms, please do not use the Archive’s Collections or its Web site (the "Site").
Access to the Archive’s Collections is provided at no cost to you and is granted for scholarship and research purposes only. The Archive, at its sole discretion, may provide you with a password to access certain Collections, provided that you complete any required application process and provide accurate information in your application. You may use your password only to access the Collections in ways consistent with this Agreement — no other access to or use of the Site, the Collections, or the Archive's services is authorized. You agree not to interfere with the work of other users or Archive personnel, servers, or resources. Further, you agree not to recirculate your password to other people or organizations or to copy offsite any part of the Collections without written permission. Please report any unauthorized use of your password promptly to info@archive.org. You acknowledge that you have read and understood the Archive’s Privacy Policy and agree that the Archive may collect, use, and distribute information pursuant to that policy. If you provide any content to the Archive, you grant the Archive a nonexclusive, royalty-free right to use that content.
Some of the content available through the Archive may be governed by local, national, and/or international laws and regulations, and your use of such content is solely at your own risk. You agree to abide by all applicable laws and regulations, including intellectual property laws, in connection with your use of the Archive. In particular, you certify that your use of any part of the Archive's Collections will be noncommercial and will be limited to noninfringing or fair use under copyright law. In using the Archive's site, Collections, and/or services, you further agree (a) not to violate anyone's rights of privacy, (b) not to act in any way that might give rise to civil or criminal liability, (c) not to use or attempt to use another person's password, (d) not to collect or store personal data about anyone, (e) not to infringe any copyright, trademark, patent, or other proprietary rights of any person, (f) not to transmit or facilitate the transmission of unsolicited email ("spam"), (g) not to harass, threaten, or otherwise annoy anyone, and (h) not to act in any way that might be harmful to minors, including, without limitation, transmitting or facilitating the transmission of child pornography, which is prohibited by federal law and may be reported to the authorities should it be discovered by the Archive.
You agree that we may contact you from time to time with surveys or other questions regarding your opinions about and uses of the Archive, as well as with information we believe may be of interest to you. We encourage you to respond to these surveys because we value your input, which will assist us in improving the Archive. In addition, we request that, according to standard academic practice, if you use the Archive's Collections for any research that results in an article, a book, or other publication, you list the Archive as a resource in your bibliography.
While we collect publicly available Internet documents, sometimes authors and publishers express a desire for their documents not to be included in the Collections (by tagging a file for robot exclusion or by contacting us or the original crawler group). If the author or publisher of some part of the Archive does not want his or her work in our Collections, then we may remove that portion of the Collections without notice.
The Archive may immediately terminate this Agreement at its sole discretion at any time upon written notice (including via email) to you. Upon termination, you agree that the Archive may immediately deactivate any password it has issued to you and bar you from accessing the Collections or the Site.
The Archive may modify this Agreement from time to time, and your continued use of the Collections and/or the Site constitutes your acceptance of any and all modifications. The Archive will attempt to notify you of substantial modifications via the email address that you have registered with us, if any.
Because the content of the Collections comes from around the world and from many different sectors, the Collections may contain information that might be deemed offensive, disturbing, pornographic, racist, sexist, bizarre, misleading, fraudulent, or otherwise objectionable. The Archive does not endorse or sponsor any content in the Collections, nor does it guarantee or warrant that the content available in the Collections is accurate, complete, noninfringing, or legally accessible in your jurisdiction, and you agree that you are solely responsible for abiding by all laws and regulations that may be applicable to the viewing of the content. In addition, the Collections are provided to you on an as-is and as-available basis. You agree that your use of the Site and the Collections is at your sole risk. You understand and agree that the Archive makes no warranty or representation regarding the accuracy, currency, completeness, reliability, or usefulness of the content in the Collections, that the Site or the Collections will meet your requirements, that access to the Collections will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. We make no warranty of any kind, either express or implied.
You agree to indemnify and hold harmless the Internet Archive and its parents, subsidiaries, affiliates, agents, officers, directors, and employees from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys’ fees) arising from your use of the Archive’s services, the site, or the Collections. You agree that this Agreement is governed by California law and that any suit arising from this Agreement will be brought in San Francisco, California, and you further agree that on the election and reasonable notice of either party any litigation shall be referred to arbitration pursuant to the California Code of Civil Procedure, §§1280 et seq. In addition, you agree that should any provision in the Agreement be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions.
Under no circumstances, including, without limitation, negligence, shall the Archive or its parents, affiliates, officers, employees, or agents be responsible for any indirect, incidental, special, or consequential damages arising from or in connection with the use of or the inability to use the Site or the Collections, or any content contained on the Site or in the Collections, or resulting from unauthorized access to the Collections or your transmissions of data, including, without limitation, damages for loss of profits, use, data, or other intangibles, even if the Archive has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.
This Agreement, the Privacy Policy, and other policies posted on the Site constitute the full and complete agreement between you and the Archive and are not intended to inure to third-party beneficiaries.
We welcome your input. Please contact us with any comments or questions at info@archive.org.
Privacy Policy
10 March 2001
The Internet Archive (the "Archive") is committed to making its constantly growing collection of Web pages and other forms of digital content (the "Collections") freely available to researchers, historians, scholars, and others ("Researchers") for purposes of benefit to the public. The Archive offers access to some of its Collections mainly by allowing Researchers to access its Unix machines. This open approach is somewhat like the situation in a public library, where staff and patrons might see who else was in the library and a bit of what they were working on. When Researchers using the Collections log on to the same Unix machine using different accounts, some sharing of information may take place. While the Archive endeavors to enforce its Terms of Use and maintain standard computer security, it is important for both those who visit the site ("Visitors") and Researchers (collectively, "Users") to be aware of the open nature of the Archive.
The Archive may make changes to this policy from time to time and will notify you of such changes by posting an updated date in the Terms, Privacy, and Copyright link at the bottom the home page of the Archive's Web site (the "Site"). Your continued use of the Site and/or the Collections constitutes your acceptance of any changes to the Privacy Policy concerning, but not limited to, both previously and prospectively collected information.
What Personal Information May the Archive Have on Its Computers and Systems?
Because the Archive uses standard Web logging in its Web servers, our Web server may automatically recognize the domain name of each Visitor, each Visitor’s IP address, what Web page the Visitor requests, and the time of the request, along with a variety of information supplied by the visitor’s browser. See www.microsoft.com and www.netscape.com for information about the Microsoft Internet Explorer and Netscape Navigator browsers, and see www.apache.org for details about Web logs.
In addition, the Archive may collect the email addresses and messages of those who communicate with it via email or who enter email addresses in forms.
The Archive may collect personally identifying information when a Researcher registers for access to the Collections, including the Researcher’s name, address, telephone number, and email address, and the Researcher’s proposal for using the Collections.
The Archive may use "cookies" to track Users' activities on the Site and in the Collections. Cookies are small files that a server transfers to the hard drive of someone who visits a site and that the server can access when the person returns to the site.
The primary sources of content for the Collections are publicly accessible Web pages that were collected and donated by third parties, but the Archive will expand on such sources through its own collection activities. For instructions on removing a particular set of pages currently included in the Collections, please see our policies and procedures for page removal.
The communications between you and the Archive may pass through many machines, operating systems, programs, browsers, Web servers, networks, routers, Ethernet switches, Internet service providers, proxy servers, intranets, the public phone system, or other devices (collectively, "Devices") on your premises, at the Archive, and in between. Some of these Devices create logs of activities that are recorded on computer systems.
What Might the Internet Archive Do With the Information on Its Computers?
The Archive has no present intention to charge for access to the Collections. The Archive may transfer the information on its machines, including personally identifying information, into the Collections. The Collections are made available to researchers and may be made available on the Site, or provided to third parties, for any use, without limitation. For instance, parts of the Collections are now in the collections of the Library of Congress and the Smithsonian Institution.
Advances in data mining technology may make it possible to discover more personally identifiable information or profiles in the Collections.
The Archive may disclose any information it collects from Users if the Archive believes in good faith that such action is reasonably necessary to enforce its Terms of Use or other policies, to comply with the law, to comply with legal process, to operate its systems properly, or to protect the rights or property of itself, its Users, or others.
It is possible that the computers at the Archive could become compromised by others and that the information on the Archive’s computers could be collected and disseminated without the knowledge or consent of the Archive. While the Archive endeavors to block "crackers" from breaking into its machines, the Archive is not responsible or liable for any such unauthorized uses of the Archive or its data.
How to Update Researcher Registration Information
Researchers can help the Archive maintain the accuracy of their information by notifying the Archive of any changes in their address, title, phone number, or email address. Contact the Archive by email at info@archive.org to see, update, or delete your information.
Copyright Policy
10 March 2001
The Internet Archive respects the intellectual property rights and other proprietary rights of others. The Internet Archive may, in appropriate circumstances and at its discretion, remove certain content or disable access to content that appears to infringe the copyright or other intellectual property rights of others. If you believe that your copyright has been violated by material available through the Internet Archive, please provide the Internet Archive Copyright Agent with the following information:
Identification of the copyrighted work that you claim has been infringed;
An exact description of where the material about which you complain is located within the Internet Archive collections;
Your address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; and
Your electronic or physical signature.
The Internet Archive Copyright Agent can be reached as follows:
Internet Archive Copyright Agent
Internet Archive
300 Funston Ave.
San Francisco, CA 94118
Phone: 415-561-6767
Email: info@archive.org
For More Information
If you have any questions or comments regarding these terms and policies or the Archive’s data collection practices, please contact the Archive at info@archive.org or Internet Archive, 300 Funston Ave., San Francisco, CA 94118, phone 415-561-6767.

Recuva License

Commercial use of Recuva Free is NOT permitted.

1. SOFTWARE LICENSE AGREEMENT

In this License, "the Product" means the software product "Recuva Free".

This License is a legal agreement between you and Piriform Limited, a Cyprus limited company for the Product.

By proceeding to download or install the Product, and in consideration of your use of the Product, you are deemed to agree to be bound by the terms of this License.

Piriform permits you to use the Product only in accordance with the terms of this License and your rights under this License will terminate automatically without notice if you fail to comply with the terms of this License. Should your rights under this License terminate for any reason you must immediately cease all further use of the Product and destroy all copies of it.

ANY USE OF THIS SOFTWARE IN A COMMERCIAL ENVIRONMENT, AND ANY RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE, OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS AGREEMENT, CONSTITUTES A BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.

2. WARRANTY DISCLAIMER

THIS PRODUCT IS DELIVERED TO YOU 'AS IS' AND WITH ALL FAULTS. PIRIFORM DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS PRODUCT. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT BE EXCLUDED OR LIMITED BY LAW, WE MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE. THE PROVISIONS OF THIS SECTION 2 SHALL SURVIVE THE TERMINATION OF THIS LICENSE HOWSOEVER CAUSED.

3. PRODUCT LICENSE

In consideration of your agreeing to abide by the terms of this License and subject to your compliance with the terms of this License, Piriform grants you a non-exclusive, non-transferable license to use the Product for the following purposes and in the following manner:

- You may NOT resell, charge for, sub-license, rent, lease, loan or distribute the Product without our prior written consent. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn.

- You may NOT repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the Product in whole or in part.

- You may NOT use the Product to engage in or allow others to engage in any illegal activity.

- You may NOT transfer or assign your rights or obligations under this License to any person or authorize all or any part of the Product to be copied on to another user's computer.

- You may NOT decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Product except to the extent that you may be expressly permitted to reverse engineer or decompile under applicable law.

- You are NOT permitted to grant any sub-licenses of the Product.

- You may NOT use the Product in corporate or commercial environments.

- You may NOT use the Product to sell or deliver any other product or service to a third party or other commercial business.

You are under no obligation to purchase any Product support from Piriform. However, where you do so, this License is subject to any further limitations which may be set out in your support agreement with Piriform.

4. INTELLECTUAL PROPERTY RIGHTS

The Product is intellectual property of Piriform and is protected by law. You acknowledge that all intellectual property rights in the Product anywhere in the world belong to Piriform, that rights in the Product are licensed (not sold) to you, and that you have no rights in, or to, the Product other than the right to use them in accordance with the terms of this License.

5. LIMITATION OF LIABILITY

IN NO CIRCUMSTANCES WILL PIRIFORM BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, LOST INFORMATION, LOSS OF DATA NOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Nothing in this License limits Piriform's liability to you in the event of death or personal injury resulting from our negligence or for fraud. The provisions of this section 6 shall survive the termination of this License howsoever caused.

6. LAW AND JURISDICTION

This License and any dispute or claim arising out of or in connection with it or its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and submitted to the non-exclusive jurisdiction of the English courts.

7. GENERAL

- If any part of this License is found to be void and unenforceable it will not affect the validity of the remainder of this License, which shall remain valid and enforceable according to its terms.

- This License may only be varied in writing and signed by an authorized representative of Piriform.

- Updates may be licensed to you by Piriform with additional or different terms but Piriform has no obligation to provide any updates.

- This License is the entire agreement between you and us and supersedes any prior representations, undertakings or advertising relating to the Product and you acknowledge that in entering into this License you have not relied on any statement, representation, advertising, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this License.

- Piriform is entitled to transfer or assign any of its rights or obligations under the License.

yEd Software License Agreement

Version 1.1

This is a legal agreement ("this Agreement") between yWorks GmbH ("yWorks") and the licensee ("the Licensee"). yWorks licenses the yEd Software ("the Software") only if all the following terms are accepted by the Licensee. The Software includes the yEd byte code executable and any files and documents associated with it.
By installing the Software, the Licensee is indicating that he/she has read and understands this Agreement and agrees to be bound by its terms and conditions. If this Agreement is unacceptable to the Licensee, the Licensee must destroy any copies of the Software in the Licensee's possession immediately.

1. LICENSE CONDITIONS

The Licensee is granted a non-exclusive and non-transferable right to install one copy of the Software and use it as an application. The Software may not be used as part of an automated process. The Licensee may not reverse engineer, disassemble, decompile, or unjar the Software, or otherwise attempt to derive the source code of the Software.
The Licensee acknowledges that Software furnished hereunder is under test and may be defective. No claims whatsoever can be made on yWorks based on any expectation about the Software.

2. TERM, TERMINATION AND SURVIVAL

The Licensee may terminate this Agreement at any time by destroying all copies of the Software in possession.
If the Licensee fails to comply with any term of this Agreement, this Agreement is terminated and the Licensee has no further right to use the Software.
On termination, the Licensee shall have no claim on or arising from the Software. The Software and any copies shall be destroyed.

3. NO WARRANTY

The Software is licensed to the Licensee on an "AS IS" basis. The Licensee is solely responsible for determining the suitability of the Software and accepts full responsibility and risks associated with the use of the Software.

4. MAINTENANCE AND SUPPORT

yWorks is not required to provide maintenance or support to the Licensee.

5. LIMITATION OF LIABILITY

In no event will yWorks be liable for any damages, including but not limited to any loss of revenue, profit, or data, however caused, directly or indirectly, by the Software or by this Agreement.

6. DISTRIBUTION

No distribution is to be made of the Software by the Licensee. The Licensee may make one copy of the Software for backup purpose only.

7. AVAILABILITY

The Software is not available to those not permitted by law to have access to the Software.

8. INSERTION OF MARKER

The Software may insert some markers into any output files to identify that the files are generated by the Software. yWorks bears no responsibility for any damages arising.

9. MISCELLANEOUS

This agreement is made and shall be construed in accordance with the laws of Germany.

THIRD-PARTY SOFTWARE AND LICENSES

This Software makes use of the Batik SVG Toolkit, Apache XMLBeans, and Apache POI. The Apache Software License (http://xml.apache.org/batik) applies to them.
This Software makes use of the JIDE Docking Framework and JIDE Action Framework licensed from JIDE Software (http://www.jidesoft.com).
This Software uses icons licensed from Incors GmbH (http://www.incors.com).
This Software includes a Swing LnF created by JGoodies and the dom4j library. The BSD License (http://www.opensource.org/licenses/bsd-license.html) applies to them.
This Software makes use of the FreeHEP VectorGraphics library (http://java.freehep.org). The GNU LESSER GENERAL PUBLIC LICENSE, Version 2.1 (http://java.freehep.org/vectorgraphics/license.html) applies to it.
This Software makes use of the JavaHelp System (https://javahelp.dev.java.net/). The GNU General Public License - Version 2 (https://javahelp.dev.java.net/license.txt) with the class path exception applies to it.
This Software makes use of the svg-viewer rendering engine (http://code.google.com/p/svg-viewer/). The MIT License (http://www.opensource.org/licenses/mit-license.php) applies to it.
The installer for this Software may contain a Java Runtime Environment (JRE) (http://java.com). The SUN MICROSYSTEMS, INC. BINARY CODE LICENSE AGREEMENT with SUPPLEMENTAL LICENSE TERMS (http://java.com/en/download/license.jsp) applies to it.