ACCEPTANCE OF TERMS.
The services that Ore-Max provides to you are subject to the following Terms of
Use ("TOU"). Ore-Max 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.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Ore-Max 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.
PERSONAL AND NON-COMMERCIAL USE LIMITATION. 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.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the Privacy Statement disclosures relating to the collection and use of
your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE. Any software that is made available to download from the Services
("Software") is the copyrighted work of Ore-Max and/or its software developers.
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, ORE-MAX 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, ORE-MAX MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN
ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Ore-Max 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 Ore-Max 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 Ore-Max Corporation, One Embassy Centre, Suite 460,
9020 S.W. Washington Square Road, Portland, OR 97223-4426 U.S.A..
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE. 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
Ore-Maxmc.com Web site or any other Ore-Max owned, operated, licensed or
controlled site. Elements of Ore-Max 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 Ore-Max Web site
may be copied or retransmitted unless expressly permitted by Ore-Max.
ORE-MAX MAKES 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. Ore-Max 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 ORE-MAX
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. Ore-Max MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB
SITE. IN NO EVENT SHALL ORE-MAX 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.
MEMBER ACCOUNT, PASSWORD, AND SECURITY. If any of the Services requires you to create 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 Ore-Max immediately of any unauthorized use of your account or any
other breach of security. Ore-Max 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
Ore-Max 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.
NO UNLAWFUL OR PROHIBITED USE. 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 Ore-Max server, or the network(s) connected to any
Ore-Max 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 Ore-Max 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.
USE OF SERVICES. The Services may contain e-mail services, bulletin board services, chat
areas, news groups, forums, communities, calendars, 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.
Ore-Max has no obligation to monitor the Communication Services. However,
Ore-Max reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. Ore-Max reserves
the right to terminate your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever.
Ore-Max reserves the right at all times to disclose any information as Ore-Max
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 Ore-Max's sole discretion.
Always use caution when giving out any personally identifiable information about
yourself or your children in any Communication Services. Ore-Max does not
control or endorse the content, messages or information found in any
Communication Services and, therefore, Ore-Max 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 Ore-Max spokespersons, and their views do not necessarily reflect
those of Ore-Max.
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.
MATERIALS PROVIDED TO ORE-MAX OR POSTED AT ANY ORE-MAX WEB SITE. Ore-Max does not claim ownership of the materials you provide to Ore-Max
(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 Ore-Max
permission to use your Submission in connection with the operation of their
Internet businesses (including, without limitation, all Ore-Max 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. Ore-Max is under no obligation to post or use any Submission
you may provide and Ore-Max 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.
LINKS TO THIRD PARTY SITES. THE LINKS IN THIS AREA WILL LET YOU LEAVE THE ORE-MAX WEBSITE. THE LINKED
SITES ARE NOT UNDER THE CONtrOL OF ORE-MAX AND ORE-MAX 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. Ore-Max IS NOT RESPONSIBLE FOR WEBCASTING OR
ANY OTHER FORM OF trANSMISSION RECEIVED FROM ANY LINKED SITE. ORE-MAX IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY ORE-MAX OF THE SITE.
