Marxmeier Software AG website
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS
WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE
TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE
THIS WEB SITE.
Use of Site
Marxmeier Software AG authorizes you
to view and download the materials at this Web site ("Site")
only for your personal, non-commercial use, provided that you retain
all copyright and other proprietary notices contained in the original
materials on any copies of the materials.
The materials at this Site are copyrighted and any unauthorized use of
any materials at this Site may violate copyright, trademark, and other
laws. If you breach any of these Terms, your authorization to use this
Site automatically terminates and you must immediately destroy any
downloaded or printed materials.
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Marxmeier Software AG's
obligations with respect to its products and services are governed solely
by the agreements under which they are provided and nothing on this Site
should be construed to alter such agreements. Marxmeier Software AG
further does not warrant the accuracy and completeness of the materials,
software or services at this Site. Marxmeier Software AG may make
changes to the materials and services at this Site, or to the products and
prices described in them, at any time without notice. The materials and
services at this Site may be out of date, and Marxmeier Software AG
makes no commitment to update the materials and services at this Site.
Information published at this Site may refer to products, programs or
services that are not available in your country. Consult Marxmeier
Software AG for information regarding the products, programs and services
that may be available to you. Applicable law may not allow the exclusion
of implied warranties, so this exclusion may not apply to you.
Limitation of Liability
IN NO EVENT WILL MARXMEIER SOFTWARE AG, ITS SUPPLIERS, OR OTHER THIRD
PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO
THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT
ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT MARXMEIER SOFTWARE AG HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE
MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME
ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU.
Use of Software
Any software that is made available to download from this Site is the
copyrighted work of Marxmeier Software AG and/or its suppliers. Use of
the software is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the software ("License
Agreement"). You may not download or install any Software that
is accompanied by or includes a License Agreement unless you have read
and accepted the terms of the License Agreement. REPRODUCTION OR
REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN
THE APPLICABLE LICENSE AGREEMENT.
Marxmeier Software AG does not want to receive confidential or proprietary
information from you through this Site. Any material, information or other
communication ("Communications") you transmit or post to this
Site will be considered non-confidential and non-proprietary.
Marxmeier Software AG will have no obligations with respect to the
Communications. Marxmeier Software AG and its designees will be free to
copy, disclose, distribute, incorporate and otherwise use the Communications
and all data, images, sounds, text, and other things embodied therein for
any and all commercial or non-commercial purposes.
Personally identifiable information that you submit to Marxmeier Software AG
for the purpose of receiving products or services will be handled in accordance
with the Eloquence Online Privacy Statement. You are prohibited from posting or
transmitting to or from this Site any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or other material that would violate any law.
Chat Rooms and Other User Forums
Marxmeier Software AG may, but is not obligated to, monitor or review any
areas on the Site where users transmit or post Communications or communicate
solely with each other, including but not limited to chat rooms, bulletin
boards or other user forums, and the content of any such Communications.
Marxmeier Software AG, however, will have no liability related to the
content of any such Communications, whether or not arising under the laws
of copyright, libel, privacy, obscenity, or otherwise. Marxmeier Softwarr AG
retains the right to remove messages that include any material
Marxmeier Software AG deems abusive, defamatory, obscene or otherwise
Links to Third-Party Websites
Links on this Site to third-party websites are provided solely as a
convenience to you. If you use these links, you will leave this Site.
Marxmeier Software AG has not reviewed all of these third-party sites
and does not control and is not responsible for any of these sites or
their content. Thus, Marxmeier Software AG does not endorse or make any
representations about them, or any information, software or other products
or materials found there, or any results that may be obtained from using
them. If you decide to access any of the third-party websites linked to
this Site, you do this entirely at your own risk.
Linking to this Site
You may create links to this Site from other sites, but only in accordance
with the terms below and in compliance with all applicable laws.
A site that links to the Marxmeier Software AG's Eloquence website:
- May link to but not replicate Marxmeier Software AG content
- Should not create a browser or border environment around Marxmeier
Software AG content
- Should not imply that Marxmeier Software AG is endorsing it or its products
- Should not misrepresent its relationship with Marxmeier Software AG
- Should not present false information about Marxmeier Software AG products
- Should not use the Marxmeier Software AG or Eloquence logo without
permission from Marxmeier Software AG
- Should not contain content that could be construed as distasteful,
offensive or controversial, and should contain only content that is
appropriate for all age groups.
HP and Compaq and the names of HP and Compaq products referenced herein are
either trademarks and/or service marks or registered trademarks and/or
service marks of HP and/or its subsidiaries.
Eloquence is a registered trademark of Marxmeier Software AG in the US
and other countries.
Other product and company names mentioned herein may be trademarks and/or
service marks of their respective owners.
U.S. Government Restricted Rights
This Site contains confidential computer software and technical data. A valid
License from Marxmeier Software AG is required for possession, use, or copying.
Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer
Software Documentation, and Technical Data for Commercial Items are licensed
to the U.S. Government under Marxmeier Software AG's standard commercial
Marxmeier Software AG administers this Site from its offices in Wuppertal,
Germany. Marxmeier Software AG makes no representation that materials or
services at this Site are appropriate or available for use outside
Germany, and access to them from territories where their contents are
illegal is prohibited. You may not use or export or re-export the materials
or services at this Site or any copy or adaptation in violation of any
applicable laws or regulations including without limitation German export laws
and regulations. If you choose to access this Site from outside the Germany,
you do so on your own initiative and are responsible for compliance with
applicable local laws. These Terms will be governed by and construed in
accordance with the laws of Germany, without giving effect to any principles
of conflicts of laws.
Marxmeier Software AG may revise these Terms at any time by updating this
posting. You should visit this page from time to time to review the
then-current Terms because they are binding on you. Certain provisions
of these Terms may be superseded by expressly designated legal notices
or terms located on particular pages at this Site.
Revised November, 2002