Legal


Trademark and Intellectual Property Recognition

For a statement of the trademarks and registered trademarks of Fundamental Software, Inc., identification of trademarks and registered trademarks of other companies and organizations and a statement of the terms of their use on these pages, and other statements required in recognition of intellectual property, please consult the Fundamental Software, Inc., Trademark and Intellectual Property Recognition Page.


Fundamental Software, Inc.,
Online Public Document License

1 Definitions

1.1 World Wide Web Page

A "World Wide Web page," also known as a "WWW page," is a document or set of documents encoded in the Hypertext Markup Language ("HTML"). Any WWW page may contain hypertextual links to other documents and resources which are not themselves a part of that WWW page and whose use may be subject to terms imposed by their owner(s).

1.2 The Fundamental Software, Inc., Home Pages

The "Fundamental Software, Inc., Home Pages" are the networks of WWW pages based on the Fundamental Software, Inc., WWW "Home Page," http://www.funsoft.com/index.html, considered both severally and collectively.

1.3 The Fundamental Software, Inc., Online Public Documents

The "Fundamental Software, Inc., Online Public Documents" are all documents (possibly including one or more WWW pages), both severally and collectively, contained in one or more computer files, offered for public reading under the terms specified below, on Fundamental Software, Inc.'s public World Wide Web and Internet File Transfer Protocol ("FTP") site(s). They specifically exclude all documents internal to Fundamental Software, Inc., which are not offered for public reading, and all documents made available either to or from Fundamental Software, Inc., under separate contractual terms to Fundamental Software, Inc., customers.

2 Ownership

Unless otherwise indicated, all Fundamental Software, Inc., Online Public Documents are the copyrighted property of Fundamental Software, Inc. They are unpublished, and are available only under the terms of this Fundamental Software, Inc., Online Public Document License.

3 Terms

3.1 Grant of License

Fundamental Software, Inc., authorizes you to copy some or all of the Fundamental Software, Inc., Online Public Documents subject to the terms contained herein.

3.2 Personal Use

You may only copy the Fundamental Software, Inc., Online Public Documents for your own personal use; you may not redistribute or provide access to any of the Fundamental Software, Inc., Online Public Documents to any other party.

3.3 Restrictions on For-Profit Use

The Fundamental Software, Inc., Online Public Documents are provided for the purpose of assisting you in evaluating Fundamental Software, Inc.'s products. You may not use them for profit for any other purposes.

3.4 Copyrights and Notices

Each copy that you make of any Fundamental Software, Inc., Online Public Document must retain all of the copyright and proprietary notices which it contains.

3.5 No Partial Copying

Each Fundamental Software, Inc., Online Public Document always must be copied in its entirety.

3.6 No Grant of Patent or Trademark Rights

Nothing contained in this agreement or in the Fundamental Software, Inc., Online Public Documents themselves grants either expressly, by implication, by estoppel, or by any other means, any license, right, or interest under any Fundamental Software, Inc., patent, trademark or other confidential information.

3.7 No Grant of Copyright Rights

Except as granted herein, Fundamental Software, Inc., does not grant, either expressly, by implication, by estoppel, or by any other means, any license, right, or interest under any Fundamental Software, Inc., copyright.

3.8 Notice of Additional Notices

Each individual Fundamental Software, Inc., Online Public Document may contain additional notices, terms, and/or copyright information specific to that document.

3.9 Notice of Other Rights

Any product, process, or technology described or referenced in the Fundamental Software, Inc., Online Public Documents may also be subject to other Fundamental Software, Inc., intellectual property rights which may not be licensed hereunder.

4 Warranties and Liabilities

4.1 Disclaimer of Warranties

The Fundamental Software Online Public Documents are provided ``as is'' without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose, or non-infringement. If your jurisdiction does not allow the exclusion of implied warranties, then the above exclusion may be restricted in part. If your jurisdiction does not allow the exclusion of implied warranties, then Fundamental Software, Inc. asks that you leave this site and cease reading the Fundamental Software, Inc., Online Public Documents.

4.2 Limitation of Liability

In no event will Fundamental Software, Inc., be liable for any damages, either direct or indirect, including but not limited to any lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use the Fundamental Software, Inc., Online Public Documents, even if Fundamental Software, Inc., or an authorized representative of Fundamental Software, Inc., has been advised of the possibility of such damage, or for any claim by any other party. In addition, Fundamental Software, Inc., shall not be liable for any claim for damages arising out of the use or inability to use the Fundamental Software, Inc., Online Public Documents and based upon strict liability or Fundamental Software, Inc.'s negligence. If your jurisdiction does not allow the limitation or exclusion of liability for incidental or consequential damages, then the above limitation or exclusion may be restricted in part. If your jurisdiction does not allow the limitation or exclusion of liability for incidental or consequential damages, then Fundamental Software, Inc., asks that you leave this site and cease reading the Fundamental Software, Inc., Online Public Documents.

5 U.S. Government Restricted Rights

Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in FAR 52.227-19. Manufacturer is Fundamental Software, Inc., 5865 Sills Road, Arbuckle, CA 95912.

Notwithstanding FAR 52.227-19(c)(2)(iv), the United States Government agrees not to modify this Product, or to adapt or combine this Product with any other document or computer software.

Notwithstanding FAR 52.227-19(c)(2)(v), the United States Government agrees not to disclose or reproduce this document for use by support service Contractors or their subcontractors.

6 General Terms

6.1 Governing Law

This License Agreement shall be governed by the laws of the State of California of the United States of America and shall inure to the benefit of Fundamental Software, Inc., its successors, administrators, heirs, and assigns.

6.2 Severability

In the event that one or more of the provisions contained in this License Agreement shall be invalid, illegal, or unenforceable in any respect under any applicable statute or rule of law, then such provision shall be considered inoperable to the extent of such invalidity, illegality, or unenforceability, and the remainder of this License Agreement shall continue in full force and effect.

6.3 Inaccuracies and Modifications

The Fundamental Software, Inc., Online Public Documents may contain technical inaccuracies or typographic errors. Fundamental Software, Inc., reserves the right to make changes in these documents and in the products and/or services described by these documents at any time without notice.

6.4 Reader Responses

Fundamental Software, Inc., shall be free to use all information provided in response to the Fundamental Software, Inc., Online Public Documents in any way it sees fit.

6.5 International Availability

The Fundamental Software, Inc., Online Public Documents may contain references to products or services which are not available in your country. These references do not imply that Fundamental Software intends to make these products or services available in your country.


Copyright © 1996-2012 by Fundamental Software, Inc.
Document Version 5.8