Disclaimer
Gestalt Corporation
maintains this site (the "Site") for your information,
education, and for the commercial exploitation of your personal
skills for your personal benefit. Please feel free to browse
the Site and you may download material offered for download
subject to the License associated therewith.
However, if you download the Product, you should be aware
that the License specifically provides that: “THE PRODUCT
IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE PRODUCT
IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE PRODUCT AND ANY STEP FORWARD-BASED APPLICATION IS WITH
YOU. SHOULD ANY STEP FORWARD-BASED APPLICATION PROVE DEFECTIVE
IN ANY RESPECT, YOU ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE PRODUCT IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. IN NO EVENT
WILL LICENSOR BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL,
SPECIAL DAMAGES, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS
OR LOST SAVINGS, EVEN IF A LICENSOR'S REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY THIRD PARTY. THE LICENSOR ALSO ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT
MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT
OF DOWNLOADING, OR USE OF THE PRODUCT.”
Site Usage
If you access and use this Site, you accept and agree to be
bound by and comply with all terms and conditions (the "Terms")
which are specified throughout various pages of this Site,
as well as any applicable laws. You also acknowledge that
any other agreements between you and the Licensor are superseded
by these Terms and are of no force or effect, if they are
in conflict with these Terms. If you are not willing to accept
this condition, do not use the Site.
Terms and Conditions
• You should assume that everything you see or read
on this Site is copyrighted unless otherwise noted and may
not be used except as provided in these Terms and Conditions
or represents that your use of materials displayed on the
Site will not infringe rights of third parties not owned by
or affiliated with the Licensor.
• While the Licensor uses reasonable efforts to include
accurate and up-to-date information in this Site, the Licensor
makes no warranties or representations as to its accuracy.
The Licensor assumes no liability or responsibility for any
errors or omissions in the content of this Site.
• You use and browse this Site at your own risk. Neither
the Licensor nor any other party involved in creating, producing,
or delivering this Site is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of
your access to, or use of, this Site. By limiting the foregoing,
everything on this Site is provided to you "as is"
without warranty of any kind, either expressed or implied,
including, but not limited to, the particular purpose, or
non-infringement. Please note that some jurisdictions may
not allow the exclusion of implied warranties, so some of
the above exclusions may not apply to you. Check your local
laws for any restrictions or limitations regarding the exclusion
of implied warranties. The Licensor also assumes no responsibility,
and shall not be liable for, any damages to, or viruses that
may infect, your computer equipment or other property on account
of your access to, use of, or browsing in the Site or your
downloading of any materials, data, text, images, video, or
audio from the Site.
• Images of people or places displayed on the Site
are either the property of the Licensor or used with permission.
The use of these images by you, or anyone else authorized
by you, is prohibited unless specifically permitted by these
Terms and Conditions or specific permission provided elsewhere
on this Site. Any unauthorized use of the images may violate
copyright laws, trademark laws, the laws of privacy and publicity,
or communications regulations and statutes.
• All Products (consisting of software) available from
this Site are subject to Canadian Export Controls. No Product
may be downloaded from this Site for export into (or to a
national or resident of) any country to which Canada has embargoed
goods. By downloading, ordering, or using the Product you
represent and warrant that you are not located in, under the
control of, or a national or resident of any such country
or on any such list.
•
The Products or services available from this Site may also be subject
to federal, provincial, state, or local laws or restrictions within the
jurisdiction that you live in. By ordering a Product or service as a
result of visiting this Site or contacting us otherwise, you represent
and warrant that you are in full compliance with all applicable laws or
restrictions and are authorized to order the product or service in your
area, and that you will pay any applicable taxes, that have not been
included in our charges, to the appropriate revenue agency in your
jurisdiction. If you reside in Canada, we may deem you to have made the
purchase in the Province of Alberta in which case we will add to the
cost of the Product or service any applicable taxes such as GST;
otherwise, any Provincial Sales Taxes (whether assessed separately or
included in your HST) must be recorded and paid by you directly to the
applicable government agency.
• The Licensor may at any time revise these Terms and
Conditions by updating this posting. You are bound by any
such revisions and should, therefore, periodically visit this
page to review the then current Terms and Conditions to which
you are bound.
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