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The services
that DECLOAK provides to you are subject to the following
Terms of Use ("TOU"). DECLOAK reserves
the right to update the TOU at any time without notice to you.
The most current version of the TOU can be reviewed by clicking
on the "Terms of Use" hypertext link located at the
bottom of our Web pages. |
Through
its network of Web properties, DECLOAK provides you with
access to a variety of resources, including developer tools,
download areas, communication forums and product information
(collectively "Services"). The Services, including
any updates, enhancements, new features, and/or the addition
of any new Web properties, are subject to the TOU. |
Unless otherwise specified, the Services are for your personal
and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software,
products or services obtained from the Services. |
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See the Privacy Policy disclosures relating to the collection
and use of your information. |
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Any
software that is made available to download from the Services
("Software") is the copyrighted work of
DECLOAK 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"). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use
by end users according to the License Agreement. Any reproduction
or redistribution of the Software not in accordance with
the License Agreement is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS
SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED
BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN
THE LICENSE AGREEMENT, DECLOAK CORPORATION HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, DECLOAK MAY MAKE AVAILABLE AS PART
OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. DECLOAK DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT
DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING
THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR
IN DECLOAK SOFTWARE PRODUCTS.
RESTRICTED
RIGHTS LEGEND. Any Software which is downloaded from the
Services for or on behalf of the United States of America,
its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software - Restricted Rights at 48
CFR 52.227-19, as applicable. Manufacturer is DECLOAK, Inc.
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Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears in all
copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services
is for informational and non-commercial or personal use only
and will not be copied or posted on any network computer or
broadcast in any media, and (3) no modifications of any Documents
are made. Accredited educational institutions, such as K-12,
universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible.
Documents specified above do not include the design or layout
of the DECLOAK.com Web site or any other DECLOAK owned,
operated, licensed or controlled site. Elements of DECLOAK
Web sites are protected by trade dress, trademark, unfair
competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from
any DECLOAK Web site may be copied or retransmitted unless
expressly permitted by DECLOAK. DECLOAK
AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE
SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. DECLOAK AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL DECLOAK AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THE SERVICES. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
DECLOAK AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME. |
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IN NO EVENT SHALL DECLOAK AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM
THE SERVICES. |
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If any of the Services requires you to open an account, you
must complete the registration process by providing us with
current, complete and accurate information as prompted by the
applicable registration form. You also will choose a password
and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that
occur under your account. You agree to notify DECLOAK immediately
of any unauthorized use of your account or any other breach
of security. DECLOAK will not be liable for any loss that
you may incur as a result of someone else using your password
or account, either with or without your knowledge. However,
you could be held liable for losses incurred by DECLOAK or
another party due to someone else using your account or password.
You may not use anyone else's account at any time, without
the permission of the account holder. |
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By using our Site, the user agrees to the
terms and conditions set forth in this Privacy Policy and
the Site
Terms of Use INCLUDING ALL LIMITATIONS OF DAMAGES PROVISIONS
which are an integral part hereof and the user consents to
the collection and use of this information by DECLOAK
as disclosed in this Internet Privacy Statement. We may revise
this Internet Privacy Statement or the Site Terms of Use
at any time by updating these postings. By using this Site
you agree to be bound by any such revisions in effect at
the time of use and should therefore periodically visit this
page and the Site Terms of Use page to determine the then
current policies applicable to users of the Site. |
As a condition of your use of the Services, you will not
use the Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the
Services in any manner that could damage, disable, overburden,
or impair any DECLOAK server, or the network(s) connected
to any DECLOAK server, or interfere with any other party's
use and enjoyment of any Services. You may not attempt to gain
unauthorized access to any Services, other accounts, computer
systems or networks connected to any DECLOAK server or to
any of the Services, through hacking, password mining or any
other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
through the Services. |
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The Services
may contain e-mail services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message
or communication facilities designed to enable you to communicate
with others (each a "Communication Service" and
collectively "Communication Services"). You agree
to use the Communication Services only to post, send and receive
messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using
the Communication Services, you will not:
Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or
otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic,
name, material or information.
Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received
all necessary consent to do the same.
Use any material or information, including images or photographs,
which are made available through the Services in any manner
that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Services
specifically allows such messages.
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot
be legally reproduced, displayed, performed, and/or distributed
in such manner.
Falsify or delete any copyright management information, such
as author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source
of software or other material contained in a file that is
uploaded.
Restrict or inhibit any other user from using and enjoying
the Communication Services.
Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including
e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity any directory of users of
the Services or other user or usage information or any portion
thereof.
DECLOAK has no obligation to monitor the Communication
Services. However, DECLOAK reserves the right to review
materials posted to the Communication Services and to remove
any materials in its sole discretion. DECLOAK reserves
the right to terminate your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
DECLOAK reserves the right at all times to disclose any
information as DECLOAK deems necessary to satisfy any applicable
law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or materials,
in whole or in part, in DECLOAK's sole discretion. Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. DECLOAK does not control or endorse the content,
messages or information found in any Communication Services
and, therefore, DECLOAK specifically disclaims any liability
with regard to the Communication Services and any actions
resulting from your participation in any Communication Services.
Managers and hosts are not authorized DECLOAK spokespersons,
and their views do not necessarily reflect those of DECLOAK. Materials uploaded to the Communication Services may be
subject to posted limitations on usage, reproduction and/or
dissemination; you are responsible for adhering to such limitations
if you download the materials.
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DECLOAK
does not claim ownership of the materials you provide to
DECLOAK (including feedback and suggestions) or post, upload,
input or submit to any Services or its associated services
for review by the general public, or by the members of any
public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting ("Posting")
your Submission you are granting DECLOAK, its affiliated
companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet
businesses (including, without limitation, all DECLOAK Services),
including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to publish your
name in connection with your Submission; and the right to sublicense
such rights to any supplier of the Services. No compensation will be paid with respect to the use of
your Submission, as provided herein. DECLOAK is under no
obligation to post or use any Submission you may provide
and DECLOAK may remove any Submission at any time in its
sole discretion. By Posting a Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission
as described in these Terms of Use including, without limitation,
all the rights necessary for you to provide, post, upload,
input or submit the Submissions. In
addition to the warranty and representation set forth above,
by Posting a Submission that contain images, photographs,
pictures or that are otherwise graphical in whole or in
part ("Images"), you warrant and
represent that (a) you are the copyright owner of such
Images, or that the copyright owner of such Images has
granted you permission to use such Images or any content
and/or images contained in such Images consistent with
the manner and purpose of your use and as otherwise permitted
by these Terms of Use and the Services, (b) you have
the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person
depicted in such Images, if any, has provided consent
to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation,
the distribution, public display and reproduction of
such Images. By Posting Images, you are granting (a) to
all members of your private community (for each such Images
available to members of such private community), and/or
(b) to the general public (for each such Images available
anywhere on the Services, other than a private community),
permission to use your Images in connection with the use,
as permitted by these Terms of Use, of any of the Services,
(including, by way of example, and not as a limitation,
making prints and gift items which include such Images),
and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and
reformat your Images without having your name attached
to such Images, and the right to sublicense such rights
to any supplier of the Services. The licenses granted in
the preceding sentences for a Images will terminate at
the time you completely remove such Images from the Services,
provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time
you completely remove such Images. No compensation will
be paid with respect to the use of your Images. |
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THE LINKS IN THIS AREA WILL LET YOU LEAVE DECLOAK'S SITE.
THE LINKED SITES ARE NOT UNDER THE CONTROL OF DECLOAK AND
DECLOAK IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED
SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. DECLOAK IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM
ANY LINKED SITE. DECLOAK IS PROVIDING THESE LINKS TO YOU
ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY DECLOAK OF THE SITE. |
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DECLOAK OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS,
NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS.
THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN DECLOAK'S PRODUCTS OR MARKETING STRATEGIES
MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO DECLOAK. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO DECLOAK OR ANYONE AT
DECLOAK. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR
IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT DECLOAK MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. |
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Any rights not expressly granted herein
are reserved. |
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Click here to contact us. |
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Last
updated: March 15, 2004 |
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