Accessing AUGSOFT's website and using any of its information, services, or links to other sites acknowledges acceptance of these Terms & Conditions.
The contents of the AUGSOFT website and its underlying technology are © Copyright AUGSOFT LLC dba August Software, USA 2012. All Rights Reserved.
Nothing on any AUGSOFT website shall be construed as conferring any license under any of the AUGSOFT or non-AUGSOFT intellectual property rights, whether by implication, estoppel, or other.
INPUT TO AUGSOFT
Any information provided to AUGSOFT in connection with any AUGSOFT website shall be transmitted by the sender and received by AUGSOFT on a non-confidential basis. AUGSOFT shall be free to use such information on an unrestricted basis.
CONTENT AND LIABILITY
AUGSOFT shall not be responsible for errors or omissions contained on any AUGSOFT website. AUGSOFT reserves the right to make changes on any AUGSOFT website without notice. ALL INFORMATION AND LINKS TO OTHER WEBSITES AVAILABLE THROUGH ANY AUGSOFT WEBSITE ARE PROVIDED "AS-IS" WITH ALL FAULTS.
AUGSOFT DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION (INCLUDING SOFTWARE) PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In no event shall AUGSOFT be liable to you for any damages whatsoever, and specifically AUGSOFT shall not be liable for special, indirect, consequential, punitive, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any AUGSOFT website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, even if AUGSOFT has been advised of the prospect of such damages in advance.
August Software, AUGSOFT, AUGUSTSOFTWARE.COM, AUGSOFT.COM, ODBC.NET, ODBCROUTER.COM, OverDRIVER and ODBC Router are trademarks or registered trademarks of August Software. All other product, technology, or company names are the property of their respective holders and are used to the owner's benefit, without intent to infringe.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been used in a way that constitutes copyright infringement, provide AUGSOFT's Copyright Agent with a notice containing:
- A description of the copyrighted work(s) that are claimed to have been infringed,
- Identification of the material and a reasonably complete description of the location of the material in which infringing work is claimed and that is to be removed or restricted;
- Information reasonably sufficient to permit AUGSOFT to contact you, including your physical address, telephone number and email address;
- A statement that you have a good faith belief that the use of the material identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the Law;
- A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
- A signature of a person authorized to act on behalf of the owner of the copyright alleged to have been infringed;
AUGSOFT's copyright agent for claims of infringement may be reached by mail at:
AugSoft LLC, PO BOX 3207, DANA POINT, CA 92629-8207
GOVERNING LAW AND ARBITRATION
Your use of any AUGSOFT website will be governed exclusively by the laws of the State of California and the United States of America. Disputes that may arise relating to your use of AUGSOFT's website or your rights under these Terms & Conditions will be resolved exclusively through binding arbitration under the current operating rules of the American Arbitration Association.