Last update: November 17, 2003
1.1 This Agreement governs your use of the EventID.Net web site (the "Site"), including the discussion areas (the "Forums"), which is operated by Altair Technologies Ltd. ("Altair").
1.2 Altair reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the Site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Altair as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Site and the Forums.
2. Use of Content.
2.1 You acknowledge that the Site contains information, software, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Altair or third parties. All Content on the Site is copyrighted as a collective work of Altair pursuant to applicable copyright law. You agree to comply with any additional copyright notices, license provisions and other restrictions contained in any Content available on or accessed through the Site. Users of the Site may use the Content only for their personal, noncommercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered or decompiled and may be subject to license terms provided with such software. Subject to the provisions of this Agreement, you may post on the Site any Content owned by you (such as your original statements), Content for which you have received express permission from the owner, and Content in the public domain. You assume all right and responsibility for determining whether any Content is in the public domain. You grant to Altair the license and right to adapt, edit, copy, reproduce, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on the Site without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.3 You may view or print the Content only for your own personal use, provided that you maintain and include all copyright and other notices contained in such Content. You shall not store electronically any portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Altair or the owners of such Content or their authorized persons if other than Altair. You agree that you will not use your access to the Site and/or any Content stored therein (including the compilation of links to externally hosted content) to develop or enhance a competitive website or product offering.
3. Rules of Conduct.
You shall not post on the Forums any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law or reputation. You may not post on the Forums any links to any external Internet sites that are obscene or pornographic. You shall not use the Site for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services. You acknowledge that Altair does not pre-screen Content but that Altair and its designees shall have the right (but not the obligation) in their sole discretion to refuse, delete or move any Content accessible on the Site. Altair prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. Altair's prior written consent must be obtained prior to any linking being made to a page on this Site other than the home page <www.eventid.net>.
4. Managing Content.
Altair does not and cannot review the Content posted by users on the Forums and is not responsible for such Content. However, Altair reserves the right to delete, move or edit any Content (including Content posted in any Forums) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. Altair shall have the right but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. No Endorsement
5.1 Altair does not represent or endorse the accuracy or reliability of any Content posted on any Forums and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Forums by users are the views of the user posting the statement, and do not represent the views of Altair or our advertisers or sponsors.
5.2 The Site may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that Altair is not responsible for the availability of, or the content located on or through any External Site.
You agree to indemnify, defend and hold Altair and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) ("Losses") incurred by any Indemnified Party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you, or in connection with any Losses incurred by the Indemnified Parties as a result of Content submitted by you. Altair reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Altair's defense of such claim.
7. Termination of Site.
Altair reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site, including the Forums, at any time for any reason without prior notice or liability. Altair may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content (including the Forums), without prior notice or liability.
8. Disclaimer of warranties; Limitation of liability.
8.1 Neither Altair nor any provider of third party content or their respective agents warrants that the Service will be uninterrupted or error free; nor does Altair, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the Service or the Content. The Service and the Content are distributed on an "as is, as available" basis. Neither Altair, third party content providers, nor their respective agents make any warranties of any kind, either express or implied including without limitation, warranties of title or implied warranties or conditions of merchantability or fitness for a particular purpose, with respect to the Service, any content or any products or services sold through the service. Neither Altair nor any third party content provider warrants that any files available for downloading through the Service will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the content is assumed solely by you.
8.2 Neither Altair, any third party content provider nor their agents shall be liable for any act, direct or indirect, incidental, special, indirect or consequential damages arising out of the use of or inability to use the service, Content or otherwise arising from this Agreement even if such party has been advised of the possibility of such damages.
8.3 Some states, provinces or countries do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Altair, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
8.4 Without derogating from any of the following, in no event shall the aggregate liability of Altair and all of the other Indemnified Parties for any and all claims, damages or other liabilities arising or related to this Agreement, the Service or the Content exceed the amount of fees received by Altair from You pursuant to this Agreement.
9.1 This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or provincial courts located in Peel Region, Ontario. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.
9.2 You agree that any login credentials (such as a username/password combination) provided to you must be kept confidential and not shared with any other person.
9.3 You acknowledge that certain information contained in the Content may potentially result in a loss of data. Prior to implementing any recommendations, you agree that you will first (i) apply such recommendations on a test system and (ii) make a complete backup of the relevant production system.
9.4 Windows is a registered trademark of Microsoft Corporation. EventID.Net is a trademark of Altair Technologies Ltd. EventID.Net is an independent publication not affiliated with Microsoft Corporation. Microsoft Corporation is not responsible in any way for the editorial policy or other contents of the publication.