ICDInfo.com and the ICDInfo Toolbar Usage
Terms
This page contains the terms and conditions
("Terms and Conditions") for ICDInfo.com and the
ICDInfo Toolbar (collectively, "ICDInfo"). By using ICDInfo.com functions,
you agree to this agreement either for
yourself or on behalf of your employer or another entity and
agree to be bound by its terms and conditions.
Personal or Internal
Business Use Only
ICDInfo is made available to you for your personal or
internal business use in compliance with all applicable laws,
rules and regulations. If you want to make commercial use of
ICDInfo, including but not limited to selling or
distributing ICDInfo for payment, you must enter into an
agreement with ICDInfo or obtain ICDInfo's written permission in
advance. If you are asked to register you must provide complete
and accurate identification, contact, and other information
required as part of the registration process. ICDInfo reserves the
right to refuse or discontinue participation to any applicant at
any time in its sole discretion.
Prohibited Actions
Except for distributions for internal business and/or
personal use to your employees or contractors in compliance with
these Terms and Conditions, you may not distribute
ICDInfo or any services or software associated with or
derived from it, modify, copy, license, or create derivative
works from ICDInfo, unless you obtain ICDInfo's written
permission in advance. If you wish to do any of the above,
please contact us.
Distribution
Once you have obtained ICDInfo's permission, you may make copies
of ICDInfo and distribute such copies to others provided
that any such recipient has had an opportunity to review and
agree to be bound by these Terms and Conditions. If others to
whom you'd like to distribute ICDInfo do not have this
opportunity to review and agree to these Terms and Conditions
but you would still like to distribute copies to them, you may
do so provided that you have the legal right to bind each of
those third parties to these Terms and Conditions. If you do not
have this right and the recipients do not have an opportunity to
review and agree to these Terms and Conditions, you may not
distribute ICDInfo to them. If you have any questions
regarding the terms of distribution, please contact us
.
Automatic Updates
ICDInfo may communicate with ICDInfo's servers (unless you
are using ICDInfo for internal business use and your
settings prevent this communication) to check for available
updates to the software, such as bug fixes, patches, enhanced
functions, missing plug-ins and new versions (collectively,
"Updates"). During this process, ICDInfo sends ICDInfo a
request for the latest version information. By installing
ICDInfo (unless you are using ICDInfo for
internal business use and your settings prevent this
communication), you hereby agree to automatically request and
receive Updates from ICDInfo's servers.
Information Practices
Protecting users' privacy is very important to ICDInfo. As a
condition of downloading and using ICDInfo, you agree to
the terms of the ICDInfo Privacy Policy, which
may be updated from time to time, as expressed in the most
recent version that exists at the time of your use. Information
collected by ICDInfo may be stored and processed in the United
States or any other country in which . or its agents
maintain facilities. By using ICDInfo you consent to any
such transfer of information outside of your country.
Intellectual Property
You acknowledge that ICDInfo or third parties own all right, title
and interest in and to ICDInfo, portions thereof, or
software or content provided through or in conjunction with
ICDInfo, including without limitation all Intellectual
Property Rights. "Intellectual Property Rights" means any and
all rights existing from time to time under patent law,
copyright law, trade secret law, trademark law, unfair
competition law, and any and all other proprietary rights, and
any and all applications, renewals, extensions and restorations
thereof, now or hereafter in force and effect worldwide. You
agree not to (and agree not to allow third parties to) modify,
adapt, translate, prepare derivative works from, decompile,
reverse engineer, disassemble or otherwise attempt to derive
source code from ICDInfo, or to extract significant
portions of ICDInfo's files for use in other
applications. You also agree to (and agree not to allow third
parties to) not remove, obscure, or alter ICDInfo's or any third
party's copyright notice, trademarks, or other proprietary
rights notices affixed to or contained within or accessed in
conjunction with or through ICDInfo.
Changes to Terms and
Conditions
ICDInfo reserves the right to modify these Terms and Conditions from
time to time in its sole discretion, without notice or liability
to you. You agree to be bound by these Terms and Conditions, as
modified. Please review the most current version of the Terms
and Conditions from time to time, located at dictionary.com (or
such successor URL as ICDInfo may provide), so that you will be
apprised of any changes.
Disclaimer of
Warranties
ICDInfo and any third party who makes its software or content
available in conjunction with or through ICDInfo
disclaim any responsibility for any harm resulting from your use
(or use by your employees, agents or contractors) of
ICDInfo and/or any third party software or content
accessed in conjunction with or through ICDInfo.
ICDINFO DESKTOP AND ANY THIRD PARTY SOFTWARE AND CONTENT
MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ICDINFO
ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
ICDINFO AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE
FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ICDINFO AND
ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN
CONJUNCTION WITH OR THROUGH ICDINFO DISCLAIM ANY
WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND
PERFORMANCE OF ICDINFO AND SUCH THIRD PARTY SOFTWARE OR
CONTENT. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE
ICDINFO DESKTOP AND ALL THIRD PARTY SOFTWARE OR CONTENT
MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ICDINFO AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ICDINFO
AND SUCH THIRD PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO
JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ICDINFO OR ANY THIRD PARTY
WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH
OR THROUGH ICDINFO DESKTOP BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF ICDINFO DESKTOP
OR SUCH THIRD PARTY SOFTWARE OR CONTENT. SUCH LIMITATION OF
LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ICDINFO
AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF
LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON ICDINFO DESKTOP AND ALL THIRD
PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR
THROUGH ICDINFO DESKTOP, FROM INABILITY TO USE
ICDINFO DESKTOP AND ALL THIRD PARTY SOFTWARE OR CONTENT
MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ICDINFO
DESKTOP, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF
ICDINFO DESKTOP AND ALL THIRD PARTY SOFTWARE AND CONTENT
MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ICDINFO
DESKTOP (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
Miscellaneous
Provisions
These Terms and Conditions will be governed by and construed in
accordance with the laws of the State of Delaware, without
giving effect to the conflict of laws provisions of Delaware or
your actual state or country of residence. If for any reason a
court of competent jurisdiction finds any provision or portion
of these Terms and Conditions to be unenforceable, the remainder
of these Terms and Conditions will continue in full force and
effect. These Terms and Conditions constitute the entire
agreement between the parties with respect to the subject matter
hereof and supersede and replace all prior or contemporaneous
understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of these Terms and
Conditions will be effective only if in writing and signed by
ICDInfo and/or a third party who make its software and/or content
available in conjunction with or through ICDInfo.
Contacting ICDInfo.com
If you have any questions regarding these terms and
conditions or your experiences with ICDInfo.com, we
encourage you to contact us.
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