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Copyright & Legal Information
TERMS OF USE FOR ALL MATERIALS AVAILABLE AT www.jacana.com.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

The materials (including but not limited to software, documents, multimedia, logos, graphics, sounds, images and other items) that are made available by Momentum Utilities Pty Ltd ("Momentum") on this site ("Materials") are provided to you only as a convenience and may be used for informational purposes only. By using this site or downloading any Materials from it, you hereby agree to these terms of use. If you do not agree to them, do not use this site or download any Materials from it.

The terms set forth herein apply to all of the Materials, including each individual page on this site.

Copyright Information:

Copyright Notice:
Copyright 1998 - 2004 Momentum Utilities Pty Ltd, Lakeside Corporate Centre, 1/201 29-31 Solent Circuit, Baulkham Hills, NSW 2153 Australia. All rights reserved.

Momentum Utilities Pty Ltd (ABN 81 003 759 760)

The Materials on this site are protected by copyright laws and international copyright treaties, and may not be copied, distributed, downloaded, modified, posted, published, reproduced, reused, re-posted, uploaded or otherwise used without the express written permission of Momentum.

Notice Specific To Software Available On This Site:

Any software that is made available to download from this site ("Software") is the copyrighted work of Momentum and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user may not install or use any Software that is accompanied by or includes a License Agreement unless he or she first agrees to the terms of the License Agreement.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.

WITHOUT LIMITING THE FOREGOING, COPYING, REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE (INCLUDING WITHOUT LIMITATION TO ANY OTHER SERVER OR LOCATION FOR FURTHER COPYING, REPRODUCTION OR REDISTRIBUTION) IS EXPRESSLY PROHIBITED.

Notice Specific To Documents Available On This Site:

With respect to particular documents (such as individual pages in this site, white papers, press releases, articles, information sheets and FAQ’s) that are made available on this site ("Documents"), you are hereby authorized to view, copy, print and distribute such Documents subject to your agreement that:

  • Your use is for informational, non-commercial, personal purposes only.
  • You will not copy or post Documents on any network computer or broadcast Documents in any media.
  • You will not modify any Documents, nor will you copy or distribute graphics separate from their accompanying text.
  • You will not quote any Documents out of their context or include a link to any Documents without Momentum’s express written permission.
  • You will display the copyright notice set forth above and retain any other copyright, trademark and other proprietary notices and marks contained therein on every copy you make.
  • Momentum reserves the right to revoke such authorization at any time, and you shall immediately discontinue any such use upon written notice from Momentum.

This is a license, not a transfer of title. Use for any purpose other than as set forth herein is expressly prohibited.

The term "Documents" does not include the design or layout of the www.jacana.com site or any other site which is owned, operated, licensed or controlled by Momentum . Elements of Momentum sites, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trademark and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or other element from any Momentum site may be copied, reproduced, redistributed or retransmitted unless expressly permitted by Momentum.

Anti-Piracy:

Momentum actively protects its copyrights, trademarks and other intellectual property rights. Copying software is a crime and is punishable in most jurisdictions. If you are aware of someone with illegally copied software, please contact Momentum.

Trademark Information:

OPEN/DB, Jacana, JacanaForms, Valet, ValetMiner, PrepP, inTuator and/or other Momentum products referenced herein are either registered trademarks or trademarks of Momentum. All other trademarks, trade names or company names referenced herein are used for identification only and are the property of their respective owners.

Liability, Warranties and Disclaimers:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AND SOLELY TO THE EXTENT ANY SOFTWARE MATERIALS ARE WARRANTED, IF AT ALL, ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE MATERIALS, MOMENTUM AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND THOSE ARISING OUT OF USAGE OF TRADE OR COURSE OF DEALING, CONCERNING THE MATERIALS, INCLUDING THE SOFTWARE AND DOCUMENTS, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SITE. THE MATERIALS, INCLUDING THE SOFTWARE AND DOCUMENTS, AND REFERENCES TO CORPORATIONS AND THEIR RESPECTIVE SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

MOMENTUM AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE MATERIALS, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS FOR ANY PURPOSE, AND ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES THAT MAY APPEAR IN THE MATERIALS OR IN OTHER PUBLICATIONS WHICH ARE REFERENCED BY OR LINKED TO THE MATERIALS. THE MATERIALS COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MATERIALS, WHICH CHANGES ARE INCORPORATED INTO NEW EDITIONS OF THE MATERIALS. MOMENTUM MAY MAKE CHANGES AND/OR IMPROVEMENTS TO THE MATERIALS, OR TO THE PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. MOMENTUM PROVIDES THE MATERIALS WITHOUT CHARGE AND SO MAKES NO COMMITMENT TO UPDATE THE MATERIALS.

MOMENTUM DOES NOT GUARANTEE THAT SOLUTIONS SUGGESTED IN THE MATERIALS WILL BE EFFECTIVE IN YOUR PARTICULAR SITUATION. IF YOU ARE NOT FAMILIAR WITH ANY OF THE STEPS LISTED IN ANY SOLUTION, MOMENTUM RECOMMENDS THAT YOU DO NOT PROCEED WITHOUT FIRST CONSULTING ADDITIONAL RESOURCES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOMENTUM OR ITS SUPPLIERS (OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, ECONOMIC, PUNITIVE OR SIMILAR DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS INFORMATION OR ANY AND ALL OTHER COMMERCIAL OR PECUNIARY DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE MATERIALS, INCLUDING WITHOUT LIMITATION THE USE OR PERFORMANCE OF SOFTWARE OR DOCUMENTS, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SITE, HOWEVER CAUSED AND ON ANY LEGAL THEORY OF LIABILITY (WHETHER IN TORT, CONTRACT OR OTHERWISE), EVEN IF MOMENTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. BECAUSE SOME JURISDICTIONS PROHIBIT BY LEGISLATION THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF SUCH LEGISLATION APPLIES, THEN TO THE EXTENT PERMITTED BY LAW MOMENTUM’S LIABILITY UNDER THAT LEGISLATION IS LIMITED AS FOLLOWS. MOMENTUM’S LIABILITY IN RELATION TO GOODS IS LIMITED AT OUR OPTION TO REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR REPAIR OF THE GOODS; OR PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS OR HAVING THE GOODS REPAIRED. MOMENTUM’S LIABILITY IN RELATION TO SERVICES IS LIMITED AT OUR OPTION TO THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

Links to Third-Party Sites:

Some links in the materials will cause you to leave the Momentum site at www.jacana.com. The third-party sites which are linked in the materials are not under the control of Momentum and Momentum is not responsible for the contents of any linked third-party site or any link contained in such linked third-party site. Momentum is providing these links to third-party sites to you only as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by Momentum of such third-party or their site.

Third-Party Products:

The mention of third parties and their respective products in the Materials on this site is provided to you only as a convenience, is for informational purposes only and constitutes neither an endorsement nor a recommendation of such third parties or their products. All third-party products must be ordered directly from such third-party or its representatives, and all licenses and warranties relating to such third-party products, if any, are between you and such third party.

Right to Communications:

Should you, or any viewer of the Materials, communicate any information, feedback, data, questions, comments, suggestions or other items to Momentum regarding the Materials, any such communication shall be deemed not to be confidential and Momentum shall be free to reproduce, use, disclose and distribute such communication to others, without limitation. You agree that Momentum shall have the unrestricted right to use any ideas, concepts, know-how, software, documentation, diagrams, drawings, schematics or techniques contained in your communication without charge, in any manner and for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or providing services.

No Obligations:

The Materials on this site may be accessed internationally and may contain references to Momentum products, programs and services that are neither available nor planned for availability in your particular country.
These references do not imply that Momentum intends to announce such products, programs or services in your country, and by referring to such products, programs or services, Momentum incurs no obligation to subsequently make them available in such country. Please contact us at momentum@jacana.com if in any doubt.

Applicable Laws:

This site is controlled and operated by Momentum from its offices in New South Wales, Australia. Momentum makes no representation that the Materials are appropriate or available for use in other jurisdictions, and access to them from jurisdictions where its contents are illegal is prohibited. Those who choose to access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Materials shall be governed by the laws of New South Wales, Australia, except for that body of law dealing with conflicts of law, excluding the 1980 United Nations Convention On The International Sale Of Goods which shall not apply.

All Rights Reserved:

Except as expressly provided herein, nothing in the Materials or on this site confers or is to be construed as conferring, whether by implication, estoppel or otherwise, any license or right under any patent, copyright or trademark of Momentum or any third party. Note that any product, process or technology in the Materials may be the subject of other intellectual property rights reserved by Momentum, and are not licensed hereunder.

Any and all rights not expressly granted herein are reserved by Momentum.

 

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