User Notice
This is a contract. By downloading this Data you accept all the terms and conditions of this agreement.
This Studio MB (the "Company") End User License Agreement accompanies the Company product and related explanatory materials ("Data"). The term "Data" also shall include any upgrades, modified versions or updates of the Software or Database licensed to you by the Company. Please read this Agreement carefully. Your purchase of our products is a declaration that you accept and will abide by this agreement.
Upon your acceptance of this Agreement, the Company grants to you a nonexclusive license to use the Data, provided that you agree to the following:
Use of the Data
You may install the Data on a hard disk or other storage device; install and use the Data on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Data over such network; and make backup copies of the Data.
You may make unlimited copies of the Data, as long as each copy that you make, 1.) has valid license purchased from the Company, 2.) is for internal company use, 3.) contains this Agreement and, 4.) contains the same copyright and other proprietary notices pertaining to this Data that appear in the Data.
You may not make the Data publicly available in easily downloadable format (i.e. PKZip files or static HTML pages) on public network such as bulletin boards, online services, or the internet.
However, the Data may be used on public networks (i.e. the internet) if used within a "Lookup Application" and a reasonable daily limit of queries per IP address is imposed.
Copyright and Trademark Rights
The Data is owned by the Company, and its structure, organization and code are the valuable trade secrets of the Company. The Data also is protected by Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the Data, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Data.
Restrictions
You are free to modify and/or adapt any Data provided in non-compiled form for your own use, reproduction as well as unlimited use within your organization. The Data is licensed and distributed by the Company. Redistribution and reseller agreements can be obtained by contacting the Company.
No Warranty
The Data is being delivered to you AS IS and the Company makes no warranty as to its use or performance. The Company DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE DATA OR DOCUMENTATION. The Company MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL The Company BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Governing Law and General Provisions
This Agreement will be governed by the laws of the country of Canada, excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of the Company.
This Agreement is binding except in the case where a signed, certified letter is issued by the Company amending the Agreement.
Legal Disclaimer
GlobixData does not accept responsibility for any type of direct or indirect damage caused by the use of its website and the information contained in it or by the use of websites connected or associated with GlobixData. GlobixData is not a party to, nor bears any responsibility for any agreement or contract entered into by members or other users of information provided on this website. GlobixData relies entirely upon the integrity of members and does not guarantee the accuracy of the information provided herein, condition of the homes before or after an exchange, nor conduct of the members or users of the information in this website at any time, nor that an exchange will be available. The only responsibility of GlobixData is to publish and distribute a directory of listings to its members. Should any information provided by members be found to be grossly misrepresented, GlobixData reserves the right to remove, at our discretion, any listing at any time, without refund. Members agree that GlobixData shall not be liable for any direct, indirect, consequential or other damages whatsoever, regardless of the form of the claim, including but not limited to liability for cancellations, injuries to persons or damages to property, including cars or vehicles.
Privacy policy
GlobixData collect, use and retain information about you through our Web site to identify and communicate with you, to provide you with products and services that you have requested, and to help us respond to your questions. Furthermore GlobixData use this information in compliance with appropriate laws and regulations that may apply to us. GlobixData does not collect personally identifiable information about individuals except when you specifically provide such information on a voluntary basis such as during the registration process, when accepting Legal terms or in connection with transactions, when accepting Terms of payment. GlobixData never has and never will, give away personal information to other organizations. GlobixData does not reveal your name, street address, phone number, or email address in your listing, or make them available over the World Wide Web. Our sophisticated programming hides your personal contact information yet makes it possible for fellow members to contact you directly from your listing.
Terms of sale and delivery at GlobixData
The terms of sale and delivery below applies to all purchases at GlobixData, unless otherwise is expressly stated.
Payment and delivery of service
The services of GlobixData will be available to the user immediately after the acceptance of payment. Hence, the service itself is considered delivered when transfer of payment has been verified. From this point on GlobixData can no longer be held accountable for any destruction of the service including accidental, or any harm directly or indirectly caused by its utilization, whether inappropriate or not. GlobixData accepts all major international credit cards. All prices are quoted in U.S. Dollars and include taxes. All prices are subject to change without notice. GlobixData does not refund purchases whatsoever, due to the irreversible nature of the service offered.
Jurisdiction
These Terms shall be governed by, and construed in accordance with, Canadian
law. The parties irrevocably agree that the courts of Canada shall have exclusive
jurisdiction to settle any dispute which may arise out of, under, or in connection
with these Terms or the legal relationship established by them, and for those
purposes irrevocably submit all disputes to the jurisdiction of the Canadian
courts.
Copyright
No part of this on-line database or our printed directories may be reproduced, stored in a retrieval system, transmitted in any form or in any language, by any means, electronic, mechanical, photocopied, recorded or otherwise, without prior permission of GlobixData.
All rights reserved. © Copyright by GlobixData 2005.