General Usage of the Kirix Websites
You agree that you will:
- not access, or attempt to access, restricted or registration-required portions of any Kirix website by any means other than the interface provided by Kirix;
- use any Kirix website to threaten, harass, intimidate, stalk or otherwise abuse another user;
- not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Kirix), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Kirix in its sole discretion);
- not interfere with or disrupt the use and enjoyment of the Kirix websites by Kirix or any third party;
- not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with Kirix's or any third party's use and enjoyment of the Kirix websites and any other software, hardware and data;
- not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the website or to Kirix, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to a Kirix website for any reason;
- not transmit, post, send, upload, distribute, submit or otherwise make available through the website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
- not resell, frame, duplicate, reproduce or otherwise commercially exploit the Kirix websites without the prior written agreement of Kirix;
- not remove, obscure or alter any proprietary rights notices on any Kirix website or any material obtained from or through any Kirix website;
- not download, export or re-export any software from any Kirix website: (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions in violation of U.S. export control laws; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or anyone on the U.S. Commerce Department's Table of Denial Orders; and
- not violate any applicable local, state, federal or international law, rule or regulation.
You acknowledge and agree that Kirix is not responsible for the conduct of users in the interactive areas of Kirix's websites. KIRIX SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, LIABILITY, CLAIMS, SUITS, COSTS, EXPENSES, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM ANY MATERIAL OR CONTENT POSTED IN THE INTERACTIVE AREAS OF KIRIX'S WEBSITES. You acknowledge and agree that you may be exposed to content that you may find offensive, indecent or objectionable and, that in such respect, you use Kirix's web sites at your own risk.
Likewise, Kirix does not and cannot review every message posted by users in the interactive areas of Kirix's websites, and Kirix is not responsible for the content of such messages or the views or opinions expressed by the author of any message. Kirix reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the website for any reason in Kirix's sole discretion. You understand that any content that you post and/or upload on the website will be considered a submission for purposes of these services. In addition, Kirix may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Kirix or to protect the safety of our users or the public.
Ownership of Content and License of Your Submissions and Postings
Kirix makes certain software available on an "open source" or other basis on its websites. This software may be downloaded and your use of any such software is subject to the license agreement that you agree to at the time of download, installation and/or use of that software. For example, Kirix makes the wxAUI open-source library available subject to the wxWidgets license. If you make contributions and developments related to those open-source programs, Kirix encourages you to submit appropriate assignments and adhere to all terms of the applicable open-source license.
If you post any materials to the interactive portions of Kirix's websites (e.g., user forums, wiki, blog comment posts, etc…) or submit any materials to Kirix, you hereby irrevocably grant to Kirix and all users of Kirix's websites a perpetual, worldwide, royalty-free right and license to make, use, reuse, modify, display, archive, publish, license, perform, reproduce, disclose, transmit, stream, broadcast, post, sell, offer for sale, license and sub-license through multiple layers (including, without limitation, through any proprietary or open-source license), translate, create derivative works of, and / or distribute all such materials and portions of any materials that you submit to Kirix or post to Kirix's websites (including, without limitation, any ideas and concepts embodied therein) in any form, media, software or technology of any kind, whether now known or developed in the future, and for any purposes whatsoever including, without limitation, developing, manufacturing and marketing commercial products using and incorporating such information.
You hereby acknowledge and agree that your relationship with Kirix is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Kirix or to post any such information on a Kirix website does not place Kirix in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit or post. You hereby waive any moral rights (or "droit moral") you may have in and to any materials that you post on a Kirix website or submit to Kirix, even if such material is altered or changed in a manner not agreeable to you.
The content of this website is subject to change at any time without notice. By accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
The Kirix websites may contain links to third party web sites, including sites that may offer software extensions that work in conjunction with Kirix products. Kirix is not responsible for, and you agree that Kirix will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which a Kirix website may be linked or from which a Kirix website may be accessed. The appearance of any link on a Kirix website in no way constitutes an endorsement by Kirix of any third-party products or services.
Disclaimers/Limitations on Liability
YOU UNDERSTAND AND AGREE THAT THE KIRIX WEBSITES AND ALL MATERIAL CONTAINED OR MADE AVAILABLE ON THEM (INCLUDING, WITHOUT LIMITATION, ALL USER POSTS) ARE PROVIDED AND MADE AVAILABLE SOLELY "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE AT LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MANY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Kirix makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Kirix websites. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by Kirix. Views and opinions of users (including the weblogs of Kirix employees) of Kirix's websites do not necessarily state or reflect those of Kirix Corporation.
The Internet is inherently insecure. Kirix expressly disclaims any and all liability, and you agree that Kirix will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Kirix any information. Kirix makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Kirix websites. A Kirix website may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason.
Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act, Kirix has designated a Copyright Agent to receive notice of claims of copyright infringement on the website. Kirix's Copyright Agent may be reached at firstname.lastname@example.org or by mailing 977 N. Oaklawn Avenue, Suite 106, Elmhurst, Illinois 60126, U.S.A. Attention: Copyright Agent.
If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Kirix's Copyright Agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.