PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE. We reserve the right, at our discretion, to change these terms at any time. Please check these terms periodically for changes. Using this Site following the posting of changes to these terms indicates that you accept them as changed.
a. GENERAL USE RESTRICTIONS. All information, documents, products, software, services and other materials (the "Materials") provided on this Site are the property and copyrighted work of Sungard Availability Services ("Sungard AS") or a third party developer, author, manufacturer or vendor (the "Third Party Provider"). Except as stated in these legal terms, none of the Materials may be copied, downloaded, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying or recording, without the prior express written permission of Sungard AS or the Third Party Provider. No part of this Site, including but not limited to any logo, graphic, sound or image, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Sungard AS. You also may not, without Sungard AS' prior express written permission, "mirror" any Material on any other server.
Except as stated in these legal terms, nothing on this Site shall be construed as conferring, by estoppel, implication or otherwise, any license to any intellectual property rights of Sungard AS or any Third Party Provider. You are responsible for obtaining any such license.
Sungard AS grants you permission to display, copy, distribute and download Sungard AS' Materials provided that: (1) both the copyright notice identified below and this permission notice appear in such Materials, and (2) the use of such Materials is solely for internal and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any such Materials are made. If you breach any of these provisions, this permission terminates automatically without notice, and you must immediately destroy any Materials in your possession or control.
Any unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
b. LINKS TO OTHER MATERIALS. This Site provides links to other Sungard AS sites and to third party sites. The linked third party sites (including any links provided by the third party sites) are not under the control of Sungard AS, and Sungard AS is not responsible for their content. Sungard AS does not endorse any third party product or any non-Sungard AS company to which this Site provides a link. If you decide to access any such third party site, you do so at your own risk. Sungard AS reserves the right to terminate any link or linking program at any time.
c. USER CHAT ROOMS. With respect to any areas on this Site where users transmit or post communications, whether to Sungard AS, to each other or to third parties, including but not limited to chat rooms, bulletin boards or user forums, Sungard AS may, but is not obligated to, monitor or review the activity in such areas and/or the content of such communications. Sungard AS 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.
d. DISCLAIMER. ALL MATERIALS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Further, Sungard AS does not warrant the accuracy or completeness of any of the Materials. Sungard AS may change any of the Materials at any time without notice. The Materials may be out of date, and Sungard AS makes no commitment to update the Materials.
e. USE AND ACCESS RESTRICTIONS: This Site is owned and operated in the United States by Sungard AS. If you choose to access this Site from another country, you do so on your own initiative and are responsible for compliance with local laws. Software from this Site is subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported in violation of any United States export controls or other applicable laws. By downloading or using any Software, you represent and warrant that you are doing so in compliance with United States export controls and other applicable laws.
f. LIMITATION OF LIABILITY. IN NO EVENT WILL SUNGARD AS, ITS SUPPLIERS, OR 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 WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Designation of Agent to Receive Notification of Claimed Infringement under the Digital Millennium Copyright Act (DMCA)
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Sungard AS' Designated Agent, details provided below.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Agent the written information specified below. Please note that this procedure is exclusively for notifying Sungard AS that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the material is located (i.e. IP address; URL) that you claim is infringing is located.
• Your address, telephone number, and e-mail 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 copyright owner or authorized to act on the copyright owner's behalf.
• As applicable under 17 U.S.C. 512(f), a statement by you that you acknowledge you may be subject to liability for damages if you knowingly materially misrepresent that material or activity is infringing.
Sungard AS' Designated Agent for notice of claims of copyright infringement is as follows:
Sungard Availability Services Abuse Team
Sungard Availability Services, LP
565 East Swedesford Road
Wayne, PA 19087
Trademark Information: Sungard Availability Services is a trademark of SunGard Data Systems or its affiliate, used under license. The Sungard Availability Services logo by itself is a trademark of Sungard Availability Services Capital, Inc. or its affiliate.