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EDS TERMS
Please read this Agreement carefully before
accessing the EDS INC. Website. As a condition to and in
consideration of receiving and accessing the EDS INC.
Website, the User agrees to be bound by the terms of this
Agreement. Use of or access to the EDS INC. Website shall
constitute acceptance of and agreement to be bound by this
Agreement.
IF YOU
DO NOT WISH TO BE BOUND BY THIS AGREEMENT,
DO NOT ACCESS THE EDS INC. WEBSITE.
If you have any questions about this Agreement,
please
contact us.
EDS INC. Website Access Agreement
THIS AGREEMENT "Agreement" is entered into by and
between EDS INC. and any individual, corporation,
association, agency, company, or other entity who accesses or uses
the EDS INC. Website (the "User" or "you").
The EDS INC. Website, which is provided
without charge to you, is a World Wide Web site on the Internet.
The EDS INC. Website is owned and operated by EDS INC.
The EDS INC. Website contains or may contain information,
communications, opinions, text, graphics, links, electronic art,
animations, audio, video, software, photos, music, sounds and
other material and data (collectively, "Content") formatted,
organized and collected in a variety of forms that are generally
accessible to Users, including directories and databases.
1. User Rights and Responsibilities
1.1 Access to the EDS INC. Website.
You are responsible for providing all hardware,
software, telephone or other communications equipment and/or
service to connect to the Internet and access the EDS INC.
Website and are responsible for all Internet access charges,
telephone charges or other fees or charges incurred in connecting
to the Internet and accessing the EDS INC. Website.
1.2 User Conduct.
You agree to access and use the EDS INC.
Website only for lawful purposes. You are solely responsible for
the knowledge of and adherence to any and all laws, statutes,
rules and regulations, pertaining to (i) your use of the EDS
INC. Website, including any Interactive Area, (ii) the use of
any networks or other services connected to the EDS INC.
Website, and (iii) the communications means by which you connect
your modem, computer, or other equipment to the EDS INC.
Website. By accessing the EDS INC. Website, you agree that
you will not:
(1) restrict or inhibit any other user from
using and enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane, or indecent information of any kind, including without
limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil
liability or otherwise violate any local, state, national, or
international law;
(3) post or transmit any information, software,
or other material which violates or infringes in the rights of
others, including material which is an invasion of privacy or
publicity rights or which is protected by copyright, trademark
or other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or
right holder.
(4) post or transmit any information, software
or other material which contains a virus or other harmful
component;
(5) alter, damage or delete any Content or other
communications that are not your own Content or to otherwise
interfere with the ability of others to access the EDS INC.
Website;
(6) disrupt the normal flow of communication in
an Interactive Area;
(7) claim a relationship with or to speak for
any business, association, institution or other organization for
which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or
guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 EDS INC. Website content.
(a) You acknowledge that Content on the EDS
INC. Website is generally provided by the EDS INC.
Website, individual contributors of Content ("Contributors"),
third party licensees, and/or other Users. You acknowledge that
the EDS INC. Website permits access to Content that is
protected by copyrights, trademarks, and other proprietary
(including intellectual property) rights ("Intellectual Property
Rights"), and that these Intellectual Property Rights are valid
and protected in all media existing now or later developed and
except as is explicitly provided below, your use of Content shall
be governed by applicable copyright and other intellectual
property laws. You acknowledge that the EDS INC. Website
owns a copyright in the "look and feel," i.e., the selection,
coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit,
distribute, publish, create derivative works from, display or
otherwise transfer or commercially exploit any of the Content, in
whole or in part, provided, however, that you may (i) make a
reasonable number of digital or other form of copies to permit
your computer hardware and software to access and view the
Content, (ii) print one copy of each piece of Content, (iii) make
and distribute a reasonable number of copies of Content, in whole
or in part, in hard copy or electronic form for internal use only.
Any permitted copies of Content must reproduce in an unmodified
form any notices contained in the Content, such as all
Intellectual Property Right notices, and an original source
attribution to "The EDS INC. Website" and its URL address.
You acknowledge that the EDS INC. Website, its
Contributors, and/or Users remain the owners of the Content and
that you do not acquire any Intellectual Property Rights by
downloading or printing Content.
(c) Some of the pictures found on this site have
been taken from the Internet. If you believe there are any photos
or written material which have copyrights that we are unaware of,
please contact us immediately so that we may remove them. Please
give us 72 hours to handle your request.
2.2 Content Provided by User.
You may upload to any Interactive Area or
otherwise transmit, post, publish, reproduce or distribute, on or
through the EDS INC. Website only Content that is not
subject to any Intellectual Property Rights, or Content in which
any holder of Intellectual Property Rights has given express
authorization for distribution over the Internet and on the EDS
INC. Website, without restriction whatsoever. Any Content
submitted with the consent of a copyright owner other than you
should contain a phrase such as "Copyright owned by [name of
owner]; Used by Permission." By submitting Content to any
Interactive Area, you automatically grant and/or warrant that the
owner of such Content, whether it be You or a third party, has
expressly granted to the EDS INC. Website the royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted, worldwide
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, sublicense, distribute,
perform, and display such Content, in whole or in part, worldwide
and/or to incorporate it in other works in any form, media, or
technology now known or later developed for the full term of any
Intellectual Property Rights that may exist in such Content. You
also permit the EDS INC. Website to sublicense to third
parties the unrestricted right to exercise any of the foregoing
rights granted with respect to such Content. You also permit any
User to access, view, store and reproduce the Content for personal
use.
3. Interactive Areas
You acknowledge that the EDS INC. Website
may include various interactive areas ("Interactive Areas"),
including but not limited to message boards & chat. These
Interactive Areas allow feedback to the EDS INC. Website
and real-time interaction between users. You further understand
that the EDS INC. Website does not control the messages,
information, or files delivered to such Interactive Areas and that
the EDS INC. Website may offer you and other Users the
capability of creating and managing an Interactive Area. However,
neither the EDS INC. Website, its subsidiary and parent
companies, or affiliates, nor their respective directors,
officers, employees and agents are responsible for Content within
any Interactive Area. Your use and/or management of an Interactive
Area will be governed by this Agreement and any additional rules
or operating procedures of any Interactive Area established by you
or another User, as applicable. You recognize that the EDS INC.
Website cannot, and does not intend to, screen communications in
advance. Moreover, because the EDS INC. Website encourages
open and candid communication in the Interactive Areas, the EDS
INC. Website cannot determine in advance the accuracy or
conformance to this Agreement of any Content transmitted in an
Interactive Area. The EDS INC. Website is not responsible
for screening, policing, editing, reviewing or monitoring any
Content in an Interactive Area. Notwithstanding the above, you
agree that the EDS INC. Website has the right to monitor
any Interactive Area, from time to time and to disclose any
information as necessary to satisfy any law, regulation or other
governmental request, to operate the Interactive Area, or to
protect itself or other Users. If notified of Content that is
alleged not to conform to this Agreement, the EDS INC.
Website may investigate the allegation and determine in its sole
discretion whether to remove or request the User to remove such
Content. The EDS INC. Website reserves the right to
prohibit conduct, communication or Content within an Interactive
Area, or to edit, refuse to post, or to remove any Content, in
whole or in part, which it deems in its sole discretion to (i)
violate the then-standard provisions of this Agreement or any
other standard, written EDS INC. Website policy in effect
at that time, (ii) be harmful to the rights of any User, the
EDS INC. Website, or other third parties, (iii) violate
applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction
with any policies, guidelines, or practices of the EDS INC.
Website in operating the EDS INC. Website, or any change in
Content, is for you to discontinue accessing the EDS INC.
Website. The EDS INC. Website may terminate or temporarily
suspend your access to all or any part of the EDS INC.
Website, without notice, for conduct that the EDS INC.
Website believes is a violation of this Agreement or any policies
or guidelines posted by the EDS INC. Website, or for other
conduct which the EDS INC. Website believes, in its sole
discretion, is harmful to the EDS INC. Website or other
Users. The EDS INC. Website may discontinue operating the
EDS INC. Website and terminate this Agreement without
notice at any time for any reason in its sole discretion. In the
event of termination, you are no longer authorized to access the
EDS INC. Website, including the Interactive Areas, and the
restrictions imposed on you with respect to Content downloaded
from the EDS INC. Website, as well as the disclaimers and
limitations of liabilities set forth in this agreement, shall
survive.
5. Links; Disclaimers Of Warranties; Limitations
of Liability
5.1 Links. You understand that except for Content,
products or services expressly available at the EDS INC.
Website, neither the EDS INC. Website, its subsidiary and
parent companies, or affiliates, or their respective directors,
officers, employees, and agents controls, provides, or is
responsible for any Content, goods or services available through
sites on the Internet linked to or from the EDS INC.
Website. All such Content, goods and services are made accessible
on the Internet by independent third parties and are not part of
the EDS INC. Website or controlled by the EDS INC.
Website. The EDS INC. Website neither endorses nor is
responsible for the accuracy, completeness, usefulness, quality or
availability of any Content, goods or services available on any
site linked to or from the EDS INC. Website, which are the
sole responsibility of such independent third parties, and your
use thereof is solely at your own risk. Neither the EDS INC.
Website, its subsidiary and parent companies, or affiliates, or
their respective directors, officers, employees, and agents shall
be held responsible or liable, directly or indirectly, for any
loss or damage caused or alleged to have been caused by your use
of or reliance on any Content, goods or services available on any
site linked to or from the EDS INC. Website or your
inability to access the Internet or any site linked to or from the
EDS INC. Website.
5.2 Disclaimer of Warranties. Please use your best
judgment in evaluating all information contained or opinions
expressed on the EDS INC. Website. It is the policy of the
EDS INC. Website not to endorse or oppose any opinion
expressed by a User or Content provided by a User, Contributor, or
other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE
EDS INC. WEBSITE IS AT YOUR SOLE RISK. NEITHER THE EDS
INC. WEBSITE NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES,
OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS
PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE
EDS INC. WEBSITE OR ANY INTERNET SITE LINKED TO OR FROM THE
EDS INC. WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE
INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE EDS INC. WEBSITE OR ANY INTERNET SITE LINKED TO OR
FROM THE EDS INC. WEBSITE OR AS TO THE TIMELINESS,
SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS,
NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY
CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE
EDS INC. WEBSITE OR ANY SITE LINKED TO OR FROM THE EDS
INC. WEBSITE. THE EDS INC. WEBSITE IS PROVIDED ON AN
"AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO
CIRCUMSTANCES SHALL THE EDS INC. WEBSITE, ITS SUBSIDIARY
AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS,
BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
UNDER OR ARISING FROM THIS AGREEMENT, THE EDS INC. WEBSITE,
OR ANY INTERNET SITE LINKED TO OR FROM THE EDS INC.
WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT
LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE
FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT,
UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE
OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE EDS INC.
WEBSITE, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD
PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON
THE CONTENT CONTAINED WITHIN THE EDS INC. WEBSITE OR THE
CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE
EDS INC. WEBSITE. THE CONTENT WITHIN THE EDS INC.
WEBSITE AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM
THE EDS INC. WEBSITE MAY INCLUDE TECHNICAL OR OTHER
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN
NEW VERSIONS OF THE EDS INC. WEBSITE AND SPECIFICALLY ARE
INCLUDED IN THIS SECTION AGREEMENT. THE EDS INC. WEBSITE
AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE
EDS INC. WEBSITE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE,
FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH ANY EDS INC. WEBSITE CONTENT, OR WITH THE
ACCESS AGREEMENT OF THE EDS INC. WEBSITE, IN WHOLE OR IN
PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
EDS INC. WEBSITE.
6. Indemnity
You agree to indemnify and hold the EDS INC.
Website, its parent or subsidiary companies and their affiliates,
and their respective directors, officers, employees, and agents
from any and all liabilities, claims and expenses, including
reasonable attorneys fees, arising from breach of this Agreement,
any other policy, your use or access of the EDS INC.
Website or any Internet site linked to or from the EDS INC.
Website, or in connection with the transmission of any Content on
the EDS INC. Website.
7. Miscellaneous
This Agreement comprises the entire agreement
between EDS INC. and you, and supersedes any prior
agreements with respect to the subject matter herein. EDS INC.
may revise this Agreement or any other policy at any time and from
time to time, and such revision shall be effective two (2) days
upon posting notice of such revision prominently on the EDS
INC. Website. You agree to review this Agreement periodically
to be aware of such revisions. If any such revision is
unacceptable to you, you must discontinue accessing the EDS
INC. Website. Your continued accessing and use of the EDS
INC. Website following notice of any such revision shall
conclusively be deemed acceptance of all such revisions. The
provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall
survive the termination or expiration of this Agreement. If any
provision of this Agreement or any other policy be held invalid or
unenforceable, that portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original
intention of the parties and the remaining portions will continue
in full force and effect. The failure of EDS INC. to insist
upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or
right. This Agreement shall be governed by the laws of CA, LOS
ANGELES COUNTY, excluding its conflict of laws rules, and you and
EDS INC. each submit to the exclusive jurisdiction of the
courts of that state or province. This Agreement is personal to
you and you may not assign your rights or obligations thereunder
to anyone. All logos, brand names, products, trademarks and
service marks appearing herein may be the trademarks or service
marks of their respective owners. References to any trademark,
service mark and links to or from the EDS INC. Website have
been done strictly for clarification and identification and does
not constitute endorsement by the EDS INC. Website of the
products, services or information offered by the owner of such
trademark, service mark or link or endorsement of the EDS INC.
Website by such trademark, service mark or link owner.
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