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会社名:
Comet Systems
情報 URL:
http://www.cometsystems.com/index.shtml
電子メール: solomon@cometsystems.com
プライバシ宣言:
COMET CURSOR (All Versions)

AGREEMENT, DISCLAIMER, TERMS OF USE AND LEGAL NOTICE

PLEASE READ THIS AGREEMENT, DISCLAIMER, TERMS OF USE AND LEGAL NOTICE (THE "AGREEMENT") CAREFULLY. THIS AGREEMENT LICENSES THE PRODUCT (AS DEFINED IN SECTION 1) TO YOU AND CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. ACCESS TO AND USE OF THE PRODUCT IS PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS USE OF THE PRODUCT CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.



Definitions
"Product" means the Comet Cursor and any updates, enhancements or upgrades thereto.
"Provider" means Comet Systems, Inc.
Rights Granted
This Agreement allows you to use the Product. Provider grants to you a nonexclusive, nontransferable, royalty-free license permitting you to download the Product solely for your personal use. The rights granted to you by Provider shall not be assigned, sublicensed or otherwise conveyed or transferred by you to any other person, organization or entity. Any rights not expressly granted to you herein by Provider are reserved.

Privacy Policy
You acknowledge and agree that you have reviewed, understand, and agree to be bound by all of the terms and provisions of the Provider's Privacy Policy for the Product. Your use of the Product is expressly conditioned upon such acknowledgment and agreement.

General Restrictions
You may not make or distribute copies of the Product, or electronically transfer the Product from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the Product or any part thereof.

Ownership
The foregoing license gives you limited rights to use the Product. You do not become the owner of the Product. Provider and its suppliers retain title to the Product and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Provider. You acknowledge and agree that Provider holds all rights to, title to and interest in all tangible and intangible incidents of the Product, including all patents, copyrights and trade secrets pertaining thereto, and that this Agreement conveys to you only a limited right to access and use the Product.

Upgrades
The Product regularly communicates with Provider's servers to facilitate Product upgrades as they are available. This Product is specifically designed to be upgraded "on-the-fly" such that bug fixes, new features, registry settings, and other modifications can be propagated to the Product from the Provider's servers (similar to how a website like Yahoo! might dynamically update the features it offers at Yahoo.com). Thus, in the course of using the Product, you should expect to see features added or removed as well as periodic behavior and performance changes and improvements. Some of these changes and improvements may be delivered in conjunction with messaging detailing the nature of the change(s); other changes may be delivered without any explicit notification to you.

Messaging
Provider does not collect email addresses from many of its users. In lieu of sending email, Provider may from time to time deliver messages directly to a user's computer in graphical or text form, for example, dialog boxes to inform users of a new feature, "message bubbles" to suggest a usage tip, or a desktop shortcut linking to a free trial of new product.

Disclaimer of Warranties and of Technical Support
THE PRODUCT IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY OF ANY KIND FROM PROVIDER INCLUDING, WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER IS PROVIDING THE PRODUCT (INCLUDING ANY RELATED SOFTWARE, DOCUMENTATION AND DATA DERIVED OR DELIVERED BY THE PRODUCT) WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF THE TRADE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT -- INCLUDING RESPONSIBILITY FOR ANY DAMAGES CAUSED BY ERRORS, INACCURACIES OR OMISSIONS, COMMUNICATIONS LINE INTERRUPTION OR FAILURE, UNAUTHORIZED ACCESS, THEFT, SYSTEMS FAILURE AND OTHER OCCURRENCES BEYOND PROVIDER'S CONTROL -- IS BORNE BY YOU. PROVIDER SHALL IN NO WAY BE RESPONSIBLE FOR ANY DAMAGES CAUSED TO YOUR COMPUTER HARDWARE, DATA OR SYSTEM OR TO ANY DATA ON YOUR SYSTEM ARISING FROM THE DOWNLOAD AND/OR USE OF THE PRODUCT.

Limitation of Damages
NEITHER PROVIDER NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PROVIDER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE PRODUCT. THE LIMITED WARRANTY, EXCLUSIVE REMEDIES AND LIMITED LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PROVIDER AND YOU. YOU AGREE THAT LICENSOR WOULD NOT BE ABLE TO PROVIDE THE PRODUCT WITHOUT SUCH LIMITATIONS.

General
This Agreement shall be governed by the internal laws of the State of New York, excluding its conflict of law principles. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: solomon@cometsystems.com.
プライバシURL:
http://www.cometsystems.com/privacy.shtml

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