CMLabs Simulations – Web Site Terms and Conditions Of Use and Privacy Statement

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND PRIVACY STATEMENT CAREFULLY BEFORE USING THIS Web Site.

By using this web site (“Web Site”), you signify your agreement to these Terms and Conditions of Use and Privacy Statement (“Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not use this site! CMLabs Simulations, Inc. (“CMLabs Simulations”) may revise and update these Terms and Conditions at anytime. Your continued usage of the Web Site will mean you accept those changes.

1. Use of Material or Technology on the Web Site

The information, artwork, text, video, audio, media files or pictures displayed or contained on the Web Site (collectively, the “Materials”) and the software, technology and products, including the CMLabs Simulations File Format and any relevant documentation downloadable or accessible from the Web Site (the “Technology”) are protected by copyright, patent, trademark and other laws under both Canadian and foreign laws.

Unless otherwise stated, you may only access, view and use the Materials or Technology for personal or educational, non-commercial purposes. You may not use the Materials or Technology for any other purpose or reproduce or modify the Materials or Technology without CMLabs Simulations's authorization. Except as authorized by CMLabs Simulations, you may not print, copy, download, reproduce, republish, post, transmit or distribute any of the Materials or Technology. You may print only one copy of the Materials for personal or educational, non-commercial purposes, and on the copy you must include the following copyright notice: “Copyright © 1998-2005 CMLabs Simulations, Inc. All rights reserved” and any other copyright notice originally included with the Materials. The Technology available on this Web Site may be licensed pursuant to separate license agreements, which will be presented to you prior to download or access of the Technology. All title and copyrights in and to the Technology, and any copies thereof, are owned by CMLabs Simulations. You may only access or download and use the Technology if you have agreed to, and comply with, the license agreement that is applicable to such Technology and your use of the Technology. Any unauthorized reproduction or redistribution of the Technology or Materials is expressly prohibited by law, and may result in severe civil and criminal penalties. You may not reverse engineer, disassemble, modify or decompile any Technology or Materials. Violators will be prosecuted to the maximum extent possible.

COPYING OR REPRODUCTION OF THE TECHNOLOGY OR MATERIALS TO ANY OTHER Web Site OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF CMLabs Simulations.

You may not attempt to “pass-off” any of CMLabs Simulations's Materials or Technology as your own work. Title to the Materials and Technology remains with CMLabs Simulations or its licensors. Any use of the Materials and Technology not expressly permitted by these Terms and Conditions or a separate agreement with CMLabs Simulations is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to CMLabs Simulations and its licensors. If you violate any of these Terms and Conditions or the applicable license, your permission to use the Materials and Technology automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials or the Technology.

2. Sites Linked from the Web Site

CMLabs Simulations does not control sites linked from the Web Site. CMLabs Simulations does not endorse or assume any responsibility or liability for any communications or materials available at such linked sites, sites framed within the Web Site or third party advertisements. Additionally, CMLabs Simulations does not make any representations regarding the content or accuracy of such web sites. CMLabs Simulations does not intend links on the Web Site to be referrals or endorsements of the linked entities, and are provided for convenience only. Your use of third-party Web Sites is at your own risk and subject to the terms and conditions of use for such sites.

3. Disclaimer of Warranty and Limitation of Liability

(a) CMLabs Simulations Defined

For purposes of this section, “CMLabs Simulations” shall include CMLabs Simulations, Inc. and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, its licensors and suppliers, and any third-party providers or sources of information or data.

(b) Disclaimer of Warranty

You expressly acknowledge and agree that your use of the Materials and any Technology is at your own risk. Materials and Technology are provided “AS IS”, without warranties of any kind. CMLabs Simulations, TO THE FULLEST EXTENT ALLOWED BY THE LAW, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CMLabs Simulations SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE MATERIALS OR TECHNOLOGY INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, DATA, BUSINESS OR ANY OTHER MATTER RESULTING FROM THE MATERIALS OR THE TECHNOLOGY, OR THE LACK OF INFORMATION IN ANY WAY RELATING TO SAME ON THE Web Site.

(c) Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CMLabs Simulations BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM THE ACCESS TO, USE OF, OR RELIANCE ON, THE Web Site, THE MATERIALS OR THE TECHNOLOGY WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CMLabs Simulations IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Indemnity

You agree to defend, indemnify and hold CMLabs Simulations, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

5. General

CMLabs Simulations is based in Montreal, Canada. Access to the Materials or Technology may not be legal by certain persons or in certain countries. If you access the Web Site from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

6. Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with CMLabs Simulations, or in any way relating to your use of the Web Site, resides in the courts of Canada and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Canada in connection with any such dispute including any claim involving CMLabs Simulations or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms and Conditions are governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

7. Feedback

Any comments or materials sent to CMLabs Simulations including feedback data, such as questions, comments, suggestions, or the like regarding the Materials or the Technology, the Web Site or any other products or programs of CMLabs Simulations (collectively “Feedback”), shall be deemed to be non-confidential. CMLabs Simulations shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, CMLabs Simulations shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

8. Privacy Statement

CMLabs Simulations has created this privacy statement in order to disclose to you the information gathering and dissemination practices for the Web Site. The Technology or other products available on this Web Site may have their own privacy disclosures which will be disclosed to you prior to install. Please read all such disclosures before downloading or accessing the Technology on the Web Site.

(a) BROWSING OUR WEB SITE

At CMLabs Simulations, we respect your right to privacy and we understand that, as a visitor to cm-labs.com, you prefer to control your own personal information and preferences. For this reason, we may ask you to register or to provide personal information and preferences when you visit certain areas of cm-labs.com, download free software, request new information.

We will guard the personal information you share with us to ensure the content, services, and advertising that we provide on cm-labs.com are always tailored to your current, designated preferences.

When you provide CMLabs Simulations with your name (or alias), mailing address, or telephone number, CMLabs Simulations representatives may use your postal address and phone number to alert you to product upgrades, special offers, updated information, classes, and new services.

When you provide CMLabs Simulations with your e-mail address (as an alternative to, or in addition to, your mailing address and phone number), CMLabs Simulations may contact you via e-mail. CMLabs Simulations never releases e-mail addresses to its representatives. CMLabs Simulations also does not offer, or allow for the selling of, any user-provided information to third parties.

If you choose not to register or provide personal information, you can still visit most of CMLabs Simulations? Web site; however, you will not have access to areas that require personal identification.

(b) COOKIES

Like most web sites, the Web Site uses “cookies”. A cookie is a small string of text that a web site can send to your browser. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your e-mail address. Most browsers can be configured to inform you when a Web Site wants to place a cookie, and you can decide whether to accept the cookie. If you are just browsing our site, you do not have to accept a cookie and you may still continue your visit. Please consult your browser's manual or help pages for information on how to set this preference. However, access to some portions of the Web Site may be restricted to registered users. To gain access to such areas you must accept cookies as they are needed for site administration and security.

(c) E-MAILS AND OTHER COMMUNICATIONS FROM US OR OUR PARTNERS

If you provide CMLabs Simulations with your e-mail or postal address, or have done so in the past, CMLabs Simulations may send you updates on the latest CMLabs Simulations products and promotions. At any time, you may tell CMLabs Simulations to discontinue sending such information by simply replying to the e-mail and informing CMLabs Simulations of your preferences.

(d) CHILDREN

CMLabs Simulations does not solicit personally identifiable information or other data from visitors under 13 years of age. No personally identifiable information should be submitted to, or posted at, the Web Site by visitors under 13 years of age without the consent of their parent or guardian.

(e) PUBLIC FORUMS

From time to time this site makes chat rooms, forums, message boards, and/or news groups (an “Interactive Area”) available to our Registered Users or other visitors. Our Interactive Areas are unmoderated and uncensored. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal or proprietary information. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. CMLabs Simulations does not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the Web Site.

(f) BETA TEST REGISTRATION

From time to time we may use the Web Site to register beta testers for new versions of our products. If you wish to become a beta tester, we will need to know who you are in order to solicit feedback, using e-mail. Our site's beta registration form will require you to give us contact information (name and e-mail address, for example) and unique identifiers (like ID numbers for any of our software you are using or testing), and information about your system configuration (like OS version, and driver versions) for support and testing purposes. We will use this information, and the feedback you give us, to improve our products.

(g) UPDATES

While other aspects of our privacy policy are subject to change at any time and without notice, we will never give personally identifiable information about you to third parties without your prior consent. Please check here for updates.

9. Complete Agreement

These Terms and Conditions constitute the entire agreement between you and CMLabs Simulations with respect to the use of the Web Site. Any rights not expressly granted herein are reserved. Thank you for your cooperation. Questions or comments regarding this Web Site should be directed by electronic mail to webmaster@cm-labs.com.

Web Site Terms & Privacy Statement