ATTENTION: THE SERVICES THAT THE MODAL SHOP PROVIDES TO YOU ARE SUBJECT TO THE
USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE
TERMS ("TERMS"), DO NOT USE THIS WEB SITE.
Description of Services. Through its website, The Modal Shop
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,
Use of Site. The Modal Shop authorizes you to download and view
the materials at this Web site ("Site") strictly for your personal, non-commercial
use, provided that you retain all copyright and other proprietary notices contained
in the original materials on any copies of the materials. You may not modify the
materials at this Site in any way or reproduce or publicly display, perform, or
distribute or otherwise use them for any public or commercial purpose. For purposes
of these Terms, any use of these materials on any other Web site or networked
computer environment for any purpose is prohibited.
Use of Software. If you download software from this Site ("Software"),
use of the Software is subject to the license terms in the Software License Agreement
that accompanies or is provided with the Software. You may not download or install the
Software until you have read and accepted the terms of the Software License Agreement.
User Submissions. Other than personally identifiable information,
which is covered under The Modal Shop Online Privacy Statement,
any material, information or other communication you transmit or post to this Site will
be considered non-confidential and non-proprietary ("Communications"). The Modal Shop
will have no obligations with respect to the Communications. The Modal Shop and
its designees will be free to copy, disclose, distribute, incorporate and otherwise
use the Communications and all data, images, sounds, text, and other things embodied
therein for any and all commercial or non-commercial purposes. You are prohibited
from posting or transmitting to or from this Site any unlawful, threatening,
libelous, defamatory, obscene, pornographic, or other material that would
violate any law.
User Chat Rooms. The Modal Shop may, but is not obligated to, monitor
or review any areas on the Site where users transmit or post Communications or
communicate solely with each other, including but not limited to chat rooms,
bulletin boards or other user forums, and the content of any such Communications.
The Modal Shop, however, 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. The Modal Shop retains the right to
remove messages that include any material deemed abusive, defamatory, obscene
or otherwise unacceptable.
Links To Other Web Sites. Links to third party Web sites on this
Site are provided solely as a convenience to you. If you use these links, you will
leave this Site. The Modal Shop has not reviewed all of these third party sites
and does not control and is not responsible for any of these sites or their content.
Thus, The Modal Shop does not endorse or make any representations about them, or
any information, software or other products or materials found there, or any
results that may be obtained from using them. If you decide to access any of
the third party sites linked to this Site, you do this entirely at your own risk.
Disclaimer. THE MATERIALS AND SERVICES PROVIDED AT THIS SITE
ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. The Modal Shop further does not warrant the accuracy
and completeness of the materials or services at this Site. The Modal Shop
may make changes to the materials and services at this Site, or to the products
and prices described in them, at any time without notice. The materials and
services at this Site may be out of date, and The Modal Shop makes no commitment
to update the materials and services at this Site. Information published at
this Site may refer to products, programs or services that are not available
in your country. Contact The Modal Shop, Inc. for information regarding the
products, programs and services that may be available to you. Applicable law
may not allow the exclusion of implied warranties, so the above exclusion may
not apply to you.
Limitation of Liability. IN NO EVENT WILL THE MODAL SHOP, ITS
SUPPLIERS, OR OTHER 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 OR SERVICES 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. IF YOUR USE OF THE MATERIALS,
INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR
OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
U.S. Government Restricted Rights. Government users will
receive no greater than Restricted Rights as defined in FAR 52.227-19 (c)
(1-2) (June 1987). Government users will receive no greater Limited Rights
as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b) (2)
(November 1995), as applicable in any technical data at this site.
Applicable Laws. This Site is administered by The Modal Shop,
Inc. ("TMS") from its offices in Cincinnati, OH. TMS makes no representation
that materials or services at this Site are appropriate or available for use
outside the United States, and access to them from territories where their
contents are illegal is prohibited. You may not use or export or re-export
the materials or services at this Site or any copy or adaptation in violation
of any applicable laws or regulations including without limitation U.S. export
laws and regulations. If you choose to access this Site from outside the
United States, you do so on your own initiative and are responsible for
compliance with applicable local laws. These Terms will be governed by and
construed in accordance with the laws of the State of California, without
giving effect to any principles of conflicts of laws.
General. TMS may revise these Terms at any time by updating
this posting. You should visit this page from time to time to review the
then-current Terms because they are binding on you. Certain provisions of
these Terms may be superseded by expressly designated legal notices or terms
located on particular pages at this Site.
Questions and Comments. Please contact TMS at
firstname.lastname@example.org or call / fax us at:
The Modal Shop, Inc.
10310 Aerohub Boulevard
Cincinnati, OH 45215
Revised: Dec 20, 2004