Delcam Terms and Conditions of the Visual Basic Applications Upload and Download facility
PLEASE READ THIS BEFORE DOWNLOADING ANY OF THE DELCAM VISUAL BASIC APPLICATIONS. BY PROCEEDING, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS FACILITY.
1. Rules. While visiting the Delcam Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Delcam Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Delcam Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Delcam Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.
2. By submitting any VB script and/or executable file to Delcam plc for distribution over the Internet or by other means you agree that you, your company and any other related party relinquish all ownership and copyright of the script as it is submitted. You agree that your application and source code can be analysed by Delcam plc and posted to the Delcam plc Web Site with your name and contact details as directed by you, if deemed suitable by Delcam plc. The applications will be available for other users of the Delcam plc Web Site to use as they wish, without recourse to Delcam plc or the writer of the application. Delcam accepts no responsibility for subsequent copyright or ownership claims made after distributing material that has been submitted to Delcam by you.
3. Delcam reserves the right not to distribute or make available any applications it deems unacceptable, inappropriate or in violation of the terms and conditions, or any application or source code that would not and does not prove to be a useful extension of Delcam’s products.
4. Privacy. Delcam plc cannot ensure or guarantee privacy for Delcam Web site users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and Delcam plc shall be relieved of all liability in connection therewith.
5. Limitation of Liability. Delcam plc takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Visual Basic Applications area of Delcam’s Web Site. Further, Delcam plc makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the Visual Basic Applications area of Delcam’s Web Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall Delcam plc be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
6. Recourse. If you are dissatisfied with the Delcam Web Site or with any terms, conditions, rules, policies, guidelines, or practices of Delcam plc in operating the Delcam Web Site, your sole and exclusive remedy is to discontinue using the Web Site.
7. Indemnity. You agree to defend, indemnify and hold Delcam plc and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or other users of the Site, or in connection with the use of the Delcam Site or the Internet or the placement or transmission of any message, information, software or other materials on the Delcam Site or on the Internet by you or other users.
8. DISCLAIMER.THE SOFTWARE CONTAINED IN THIS VISUAL BASIC APPLICATIONS ARCHIVE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL DELCAM PLC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE.
9. Miscellaneous. This Agreement,
including any and all documents referenced herein, constitute the
entire agreement between Delcam plc and you pertaining to the
subject matter hereof. Delcam’s failure to insist upon or
enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provisions or right. If
any of the provisions contained in this Agreement be determined
to be void, invalid or otherwise unenforceable by a court of
competent jurisdiction, such determination shall not affect the
remaining provisions contained herein. These terms and conditions
will be governed by and construed in accordance with English law
and the parties agree to submit to the non-exclusive jurisdiction
of the English courts.