PLEASE READ THIS CAREFULLY BEFORE ACCEPTING TERMS AND CONDITIONS
YOU MAY OBTAIN ADVANCED MEMBERSHIP TO THIS FORUM EITHER THROUGH PAYMENT TERMS OUTLINED BELOW OR THROUGH BEING SUCCESSFULLY NOMINATED AFTER A PERIOD OF ACTIVE PARTICIPATION. THE COPYRIGHT, DATABASE RIGHTS AND ANY OTHER INTELLECTUAL PROPERTY IN THE DATA AND FORUMS YOU WILL GAIN ACCESS TO, ARE AND REMAIN THE PROPERTY OF THE LICENSOR ('THE LICENSOR'). YOU ARE LICENSED TO ACCESS THESE FORUMS AND GAIN ADVANCED MEMBERSHIP ONLY IF YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET OUT BELOW
B: LICENSE ACCEPTANCE PROCEDURE
BY CLICKING ON THE ACCEPTANCE BUTTON / RADIO BUTTON WHICH FOLLOWS THIS LICENSE AGREEMENT, YOU INDICATE ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THE LIMITATION OF LIABILITY SET OUT IN THESE TERMS AND CONDITIONS. IN THIS DOCUMENT, 'YOU' INDICATES THE READER.
C: LICENSE REJECTION PROCEDURE
YOU SHOULD THEREFORE READ THE TERMS AND CONDITIONS OF ADVANCED MEMBERSHIP BEFORE CLICKING ON THE ACCEPTANCE BUTTON / RADIO BUTTON AND CONTINUING. IF YOU DO NOT ACCEPT, YOU SHOULD NAVIGATE AWAY FROM THIS PAGE AND CONTACT A MEMBER OF THE STAFF TEAM.
1. Ownership of materials and copies
The Materials and access to the Advanced Membership forums and expressive permissions to the Advanced Membership download sections are retained as the ownership of the Licensor and are protected under applicable database laws. These terms and conditions and license is not a sale of the materials contained in the Advanced Membership forums nor the applications downloadable in the download section.
The Licensor grants you to a limited, non-exclusive licence to:
2.1 view and read the Advanced Membership forums
2.2 download and access applications from the Advanced Member download section
2.3 gain extra functionality in applications such as Abrosia
3 License Restrictions
You may not use, copy, modify or transfer the Materials (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence. If you transfer possession of any copy of the Materials to another party except as provided above, your licence is automatically terminated. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Materials, except as expressly permitted by the law of this Agreement. You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Materials. This License may be terminated by the Licensor at any point with no prior notification nor reason for doing so. This License will be affected by behavior and the following of the Forum Rules outlined when you signed up to the NeoCodex forum.
4 Exclusion of liability
Except in respect of personal injury, loss, or death caused directly by the negligence of the Licensor, in no event will the Licensor be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Materials, even if the Licensor has been advised of the possibility of such damages. Nothing in this Agreement limits liability for fraudulent misrepresentation.
5 Your statutory rights
This licence gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this Agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (ie a purchaser for private as opposed to business, academic or government use) are not affected.
The licence is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies in any form. It will also terminate upon conditions set out elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement or if you voluntarily return the Materials to us. You agree upon such termination to destroy the Materials together with all copies in any form. The Licensor has the right to terminate this Agreement at any point with no prior notification, refund or reason. You agree that in the case of Advanced Membership payment failure, license termination will occur. The prices for Advanced Membership subscriptions are $5 (5 US DOLLARS) for one month, $13.50 (13.50 US DOLLARS) for 3 months and $24 (24 US DOLLARS) for six months. If the Licensor finds this bill unpaid, all licenses will be terminated and your access to all perks removed.
7.1 You agree that the Licensor shall have the right, after supplying undertakings as to confidentiality, to audit any member accounts on which the Materials are permitted access in order to verify compliance with these terms and conditions and licence.
7.2 Each party irrevocably agrees that the courts of the country of registration of the Licensor, its subsidiary office, or reseller which issues an invoice for this licence, shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or in relation to this Agreement and the place of performance of this Agreement shall be that country and that the laws of that country shall govern such controversy or claim.
7.3 This Agreement constitutes the complete and exclusive statement of the Agreement between the Licensor and you with respect to the subject matter of this Agreement and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.
7.4 Any clause in this Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Agreement shall not be affected by that deletion.
7.5 Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party’s rights nor in any way affect the validity of the whole or part of this Agreement nor prejudice that party’s right to take subsequent action.
7.6 This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without the Licensor’s prior written consent.
Should you have any questions concerning this Agreement you may contact the Neocodex Administration by email at: [email protected]
Advanced Membership License
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Posted 10 November 2009 - 01:14 AM
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