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Terms of Use for FOSSweb.com

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING FOSSweb

Access and use of this site are subject to this site's Privacy Policy and the terms and conditions set out below (together the "Terms and Conditions"). If you do not agree to these Terms and Conditions, please do not access or use this site. We reserve the right to change these Terms and Conditions from time to time by updating this posting. Please check these Terms and Conditions periodically for changes. Your continued use of this site following the posting of changes to these Terms and Conditions will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

This site and its contents are the property of The University of California Regents ("UC Regents") or its licensors and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Reproduction, duplication or distribution of this site and/or all or any part of its contents for anything other than your personal, noncommercial use is a violation not only of these Terms and Conditions but also of copyright and trademark laws (unless you have written permission from UC Regents).

JURISDICTIONAL ISSUES

This site is controlled by UC Regents and operated by Delta Education, LLC ("Delta") from its offices in New Hampshire, USA. If you choose to access this site from another location, you are responsible for compliance with local laws. These Terms and Conditions shall be governed by and construed in accordance with the laws of New Hampshire, USA, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or this site shall be filed only in the state or federal courts located in New Hampshire, and you hereby consent and submit to the nonexclusive jurisdiction of such courts. If any provision of these Terms and Conditions shall be void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter hereof.

LINKS TO THIRD-PARTY SITES

Users may, through hypertext or other computer "links," gain access to other sites on the Internet that are not part of this site and that are not controlled by UC Regents. UC Regents are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by UC Regents of the site. UC REGENTS ASSUME NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS SITE THAT MAY BE ACCESSED THROUGH ANY SUCH LINK. Unless otherwise indicated at this site, this site is not sponsored by or affiliated with the linked sites, and trademarks used in connection with linked sites are not trademarks of UC Regents or Delta.

USER MATERIALS

Materials entered by users on any part of this site ("Postings") are the responsibility of the user entering the Postings. UC REGENTS HAS NO RESPONSIBILITY FOR POSTINGS. However, UC Regents and Delta retain the right, which it may or may not exercise, in its sole discretion, to review, edit or delete any Postings that UC Regents and/or Delta deem to be illegal, offensive or otherwise inappropriate. Furthermore, you agree that you are providing Postings to UC Regents and/or Delta without restriction and that UC Regents and/or Delta has the right to use the Postings (or any portion thereof), including without limitation the right to reproduce, disclose, transmit, publish, broadcast or post the Postings without any requirement whatsoever for compensation. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. YOU AGREE TO INDEMNIFY UC REGENTS AND DELTA FROM ANY DAMAGES, LOSSES, COSTS OR EXPENSES THAT DELTA, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND AUTHORIZED REPRESENTATIVES MAY INCUR AS A RESULT OF POSTINGS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UC REGENTS AND DELTA ARE PROVIDING THIS SITE "AS IS" AND MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH THIS SITE, ITS CONTENTS OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. UC REGENTS AND DELTA DO NOT WARRANT THAT THE FUNCTION OF THIS SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL UC REGENTS OR DELTA BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) EVEN IF DELTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, ITS CONTENTS OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL UC REGENTS AND DELTA'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE.


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