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TERMS OF USE FOR THIS WEBSITE
YOU MUST READ THESE DAKAR SOFTWARE SYSTEMS WEBSITE TERMS OF USE CAREFULLY.
DAKAR SOFTWARE SYSTEMS PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN DAKAR SOFTWARE SYSTEMS AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
YOUR OBLIGATIONS AND CONDUCT
In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the "Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to Dakar Software Systems, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Dakar Software Systems or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Dakar Software Systems reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Dakar Software Systems or someone else, or spoof Dakar Software System's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
CONFIDENTIALITY OF DAKAR SOFTWARE SYSTEMS INFORMATION
You may obtain direct access via the Website to certain confidential information of Dakar Software Systems and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Dakar Software Systems.
Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Dakar Software System's written request, You must cease use of Confidential Information and return or destroy it.
The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from Dakar Software Systems, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Dakar Software Systems adequate to afford Dakar Software Systems the opportunity to object to the disclosure.
CONTENT SUBMITTED TO DAKAR SOFTWARE SYSTEMS
Dakar Software Systems does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in Dakar Software Systems Privacy Policy, any Content You provide in connection with this Website shall be deemed to be provided on a nonconfidential basis. Dakar Software Systems shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant Dakar Software Systems and all other users of the Website an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Dakar Software Systems, its affiliates, and third-party providers of any information that You may provide on the Website.
Dakar Software Systems does not routinely monitor Content, but Dakar Software Systems and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.
CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Website. You acknowledge and agree that Dakar Software Systems is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Dakar Software Systems will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or
INTELLECTUAL PROPERTY RIGHTS
Except as expressly authorized by Dakar Software Systems or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Dakar Software Systems discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
" Dakar Software Systems Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Dakar Software Systems uses in connection with its products and services. You agree to comply with the Dakar Software Systems Trademark and Logo Usage legal requirements. You may not remove or alter any Dakar Software Systems Trademarks, or co-brand your own products or material with Dakar Software Systems Trademarks, without Dakar Software Systems prior written consent. You acknowledge Dakar Software Systems rights in Dakar Software Systems Trademarks and agree that any use of Dakar Software Systems Trademarks by You shall inure to Dakar Software Systems sole benefit. You agree not to incorporate any Dakar Software Systems Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Dakar Software Systems on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 6.2. Upon termination, You must immediately destroy any downloaded and/or printed Content.
Dakar Software Systems nor any of its employees shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. In no event shall the company or its employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage.
This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
Although the data found using the Company's access systems have been produced and processed from sources believed to be reliable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information.
The Company provides this information on an "as is" basis. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights are disclaimed. Changes may be periodically made to the information herein; these changes may or may not be incorporated in any new version of the publication. If you have obtained information from the Company from a source other than the Company, be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out-of-date. It is recommended that careful attention be paid to the contents of any data associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions, we encourage you to report them to the Company's webmaster (info@dakarsoftware.com).
The Company is a distributor of content sometimes supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Company and shall not be used for advertising or product endorsement purposes. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the Company.
The Company is not responsible for the contents of any off-site pages referenced. The user specifically acknowledges that the Company is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user. Links from the Company on the World Wide Web to other sites do not constitute an endorsement from the Company. These links are provided as an information service only. It is the responsibility of the web surfer to evaluate the content and usefulness of information obtained from other sites. The Company's Homepage contains links to other related World Wide Web Internet sites and resources. Since the Company's Homepage is not responsible for the availability of these outside resources, or their contents you should direct any concerns regarding any external link to its site administrator or Webmaster.
Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restricted access the next, and the location of items may change as menus, homepages, and files are reorganized. The user expressly agrees that use of the Company website is at the user's sole risk. The Company does not warrant that the service will be uninterrupted or error free. The documents and related graphics published on this server could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its respective programs may make improvements and/or changes in the information and/or programs described herein at any time.
Construction of the disclaimers above and resolution of disputes thereof are governed by the laws of Malta. The laws of Malta shall apply to all uses of this data and this system. By use of this system and any data contained therein, the user agrees that use shall conform to all applicable laws and regulations and user shall not violate the rights of any third parties.
The Company namely Dakar Software Systems, shall remain the sole and exclusive owner of all rights, title and interest in and to all specifically copyrighted information created and posted for inclusion in this system.
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