User Agreement

Important:
Terms Governing Your Use of This Web Site

YOUR USE OF THIS WEB SITE, WHICH IS PROVIDED WITHOUT WARRANTY, IS SUBJECT AT ALL TIMES TO THIS USER AGREEMENT AND TO THE CURSORARTS COMPANY PRIVACY POLICY. Your use of the cursorarts.com web site ("this Site") constitutes your acceptance of these terms, so please read this document. If you have questions about either of these documents, please contact us by sending an email to the webmaster

Permitted Uses

Except as specified elsewhere on this Site, you are permitted to view, print, link to, and download the information, documents, services and software ("the Materials") found on this Site, subject to the following conditions:

• The Materials may be only be used for personal, informational, non-commercial purposes, except for purposes of a written critical review or other "Fair Use" under U.S. Copyright laws and treaties.
• Use of this Site is limited to legal purposes and activities. You agree to be reponsible for compliance with all applicable laws and regulations, including, but not limited to, such laws which are in effect in your local jurisdiction.
• The Materials may not be modified or altered in any way.
• In the case of software, you must request permission to link to downloads hosted on this Site. Contact the webmaster to request permission to link to or host downloadable software.
• You may not copy or imitate, in whole or in part, the design or layout of this Site
• You must preserve all Copyright, Trademark, address and other notices contained in the Materials.

Permission is granted to search engines to index the html documents on this Site, and to display portions of such html documents as part of their search results.

CursorArts Company reserves the right to revoke its authorization to view, print, link to, and download the information, documents and software found on this Site at any time. All such uses shall immediately be discontinued upon written notice from CursorArts Company.

This User Agreement constitutes a license and is not a transfer of title to any of the Materials or other contents of this Site. You further agree that by using this Site you warrant that your use will not impair or diminish the rights of CursorArts Company in the contents of this Site, damage the reputation of CursorArts Company, or interfere with the operation of this Site.

This Site may be broadcast by CursorArts Company from one or more servers. This Site also contains hyperlinks to other web sites which are not part of this Site. Such hyperlinks include advertising graphics and text links. CursorArts Company has no control over the content, practices, or availability of such other sites. Links to other sites do not constitute an endorsement by, membership, affiation with, sponsorship of, or any other relationship on the part of CursorArts Company with such other sites. Such links are for the convenience of visitors, and may be removed at any time.

Other than for purposes of your viewing of this User Agreement, by your use of any other portions of this Site, its Internet domain name(s), its IP Addresses, hyperlinks, the Materials, or other features, you are agreeing to be bound by the terms of this User Agreement. If you are unable to enter into a legally binding agreement, you must have a parent or guardian agree on your behalf for your continued use. If you do not wish to, or cannot, be bound by the terms of this User Agreement, then do not make further use of this site or its contents, and remove any Materials originating from this Site from your computer which your browser may have temporarily stored.

CursorArts Company reserves the right to change the terms of this Agreement at any time without further notice, and at it sole discretion. Your use of this site is subject to the current User Agreement then in effect. You should visit this page from time to time to review the then-current User Agreement because these terms are binding on you. Some portions of this Site and the Materials may contain additional restrictions, guidelines, rules, licenses or agreements and you agree to be bound by any conditions which are posted in this Site or as part of the Materials located on this Site. All such restrictions, guidelines or rules are hereby incorporated by reference into this User Agreement. In the event that you breach any of the terms contained in this User Agreement, your authorization to use this Site terminates immediately. Upon termination of your authorization to use this Site, you must immediately destroy any of the Materials printed, downloaded or otherwise obtained from this Site.

Except as expressly permitted in this User Agreement, no portion of the Materials on this Site may be reproduced in any form or by any means without obtaining the prior written permission from CursorArts Company.

Notice to U.S. Government Users

The Materials available on this Site are "Commercial Items" as this term is defined under 48 C.F.R. 2.101, and include software which is "Commercial Computer Software" and "Commercial Computer Software Documentation" as these terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202 as applicable under Federal Government Acquisition Regulations and agency supplements to them. The Software is provided to the Federal Government and its agencies under the RESTRICTED RIGHTS Provisions of the Federal Acquisitions Regulations applicable to commercial computer software developed at private expense and not in the public domain. The Use, Duplication, or Disclosure by the government is subject to restrictions as set forth in FAR 52.227-14 and the subdivision (c) (1) (ii) of the Rights in Technical or Data and Computer Software clause at DFARS 252.227-7013 (October 1988) et seq. or its successor. Use of the Materials by the U.S. Government or its Agencies constitutes acknowledgement of the proprietary rights of CursorArts Company in the Materials. The Contractor/manufacturer is CursorArts Company; PO BOX 1349; North Bend, OR 97459.

Copyright and Trademarks

The Materials on this Site are protected by copyright, trademark and/or other intellectual property laws and treaties. Unauthorized use of the Materials on this Site may place you in violation of such laws and treaties. Other than the license provided in this User Agreement, CursorArts Company does not grant any express or implied rights to you under any of its patents, copyrights, trademarks, trade secret or intellectual property with respect to any of the Materials.

All trademarks, service marks and logos displayed or referenced on this Site are the property of CursorArts Company or other third parties. You must obtain written consent from CursorArts Company or from such other third party which may own rights to the trademark, service mark or logo. CursorArts, IconForge, ImageForge, FileWrangler, ZipWrangler, SecurDesk!, and ActivIcons are trademarks of CursorArts Company.

Posting Messages to the User Forum

This Site contains areas (the Forum) in which visitors may read and post messages regarding CursorArts Company's software products. If you wish to post a message to the Forum, you must first register for an account and agree to these terms, which are in addition to the other portions of this Agreement. All visitors to the Forum are also bound by the applicable portions of this section.

• You agree to only post materials which are either owned by you or in the public domain.
• You agree that by posting materials to the Forum which are the result of your own creative efforts, you grant CursorArts Company an unrestricted, irrevocable, worldwide license to display, use, reproduce, modify, transmit and distribute any such materials.
• You agree that you will not transmit materials to or from this Site which are unlawful, libelous, defamatory, obscene, pornographic, threatening, or such other materials which would violate any law or any rights of others.
• You agree that you will not publish, post, distribute or disseminate proprietary information belonging to another, including trademarks or copyrighted information, without express authorization of the rights holder.
• You agree that CursorArts Company is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
• You expressly agree that you will make no attempt to gain unauthorized access to any systems or networks on this Site.
• You agree that CursorArts Company reserves the right to deny posting of or to remove postings without prior notice from the Forum any material or information which it finds objectionable, which may infringe upon another’s property rights, or which it wishes to delete because of other concerns (such as available space on its systems) with or without terminating your account. CursorArts Company shall have no liability or responsibility for deletion of materials or failure to store materials.
• CursorArts Company agrees that it will not release your name unless: (a) you include your name in your submission; (b) you grant us permission to do so; (c) you include your real name or email address as part of your "Signature" when signing up for an account in order to post to the Forum; (d) we notify you asking for permission for the materials you submit to the Forum be published or otherwise used with your name; or (e) we are required to do so by law.
• You agree not to post any material to the Forum unless you are at least 18 years of age. If you are under 18 years of age, you must have a parent or guardian post on your behalf.
• CursorArts Company may monitor, but is not obligated to monitor, the Forum and the substance of the materials posted.
• To the maximum extent permissable under the law, CursorArts Company shall have no liability with regard to any posted materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
• You agree to be responsible for maintaining the confidentiality of your Forum member account number, password, and other registration information. You are responsible for all uses of your Forum member account, whether or not authorized by you in any manner.
• If you believe that a posting to the Forum contains your work which has been used or copied in a way that constitutes copyright infringement, please immediately contact the Forum Administrator through the webmaster to have the material removed. Please include the following items:
  • A description of the copyrighted material which you are reporting to have been infringed and specific identification of what portions of such material you are claiming to be infringing and which you are requesting to be removed;
  • A description of the location within this Site and any posted date for the material which you claim is infringing;
  • A statement by you that you believe that the use of the material you have identified has not been authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information you are providing is accurate;
  • A statement, under penalty of perjury, that you are the copyright owner of the material you are identifying or that you are authorized to act on the copyright owner's behalf;
  • Information sufficient to allow CursorArts Company to contact you directly. This should include your physical mailing address, your telephone number, and the name of the copyright owner and the copyright owner's authorized agent. For a quicker response, you may also wish to include your email address.
  Send your notification to:
  
  Letters:
  CursorArts Company
  Attention: Forum Administrator
  PO BOX 1349
  NORTH BEND OR 97459
  U.S.A.
  
   
  Telephone: 541.267.0284
  Email: click here
  
   
  

CursorArts Software

Some areas of this site contain links to computer software which you may wish to use or purchase ("CursorArts Software"). CursorArts Company grants you a non-exclusive, limited license to use the CursorArts Software as specified in the License Agreement which appears on your screen prior to your installation of the software. The CursorArts Software and documentation which accompanies the CursorArts Softare which have been made available for download from this web site are copyrighted works of CursorArts Company. Your use of the CursorArts Software is governed by the terms of the License Agreement that accompanies or is included with such software. You will be prevented from installing any CursorArts Software unless you agree to the terms of the License Agreement displayed during the installation process. If you do not agree to the License Agreement, you will not be able to install or use the software. You may not sub-license, or charge others to use or access the CursorArts Software without written permission from CursorArts Company. You may not modify, reverse-engineer, reverse-compile, decompile, disassemble, make derivative works from, translate, otherwise attempt discover the source code of, or include with another product, the CursorArts Software, or use it in any way not stated in the software's License Agreement or in any way not expressly authorized in writing by CursorArts Company. You also note that not all CursorArts Software is available on every Operating System platforms and that the performance of CursorArts software may vary, depending on your computer equipment type and configuration.

YOU AGREE TO ASSUME THE ENTIRE RISK IN USING THIS SITE AND THE CURSORARTS SOFTWARE INCLUDING WITHOUT ANY LIMITATION ANY DAMAGE TO YOUR STORED FILES, OTHER SOFTWARE AND COMPUTER EQUIPMENT. YOU AGREE THAT CURSORARTS COMPANY SHALL NOT BE HELD LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR OTHER SIMILAR DAMAGES OR CLAIMS, INCLUDING LOSS OF PROFITS OR ANY OTHER COMMERCIAL DAMAGES, IN CONNECTION WITH YOUR USE OF THIS SITE OR THE CURSORARTS SOFTWARE. CURSORARTS COMPANY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS TO A PARTICULAR PURPOSE. CURSORARTS COMPANY IS NOT OBLIGATED IN ANY FASHION TO PROVIDE UPDATES TO THIS SITE, UPDATES TO THE CURSORARTS SOFTWARE, TECHNICAL ASSISTANCE, OR OTHER SUPPORT WITH REGARD TO YOUR USE OF THIS SITE OR THE CURSORARTS SOFTWARE.

You also acknowledge that the export and re-export of CursorArts software products are controlled under the United States Export Administration Regulations. By downloading CursorArts Software from this site, you warrant that you are not a national of any country, or exporting CursorArts Software to any person or location, which the United States embargoes goods, and that you are not a person listed in the United States Export Administration's Table of Denial Orders, Entity List, or List of Specially Designated Nationals.

You agree to maintain the confidentiality of your software registration information, product serial numbers, and/or password, where applicable. You are responsible for all uses of this information, whether or not actually or expressly authorized by you.

Limitations On Warranty and Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND CURSORARTS SOFTWARE IS AT YOUR SOLE RISK. CURSORARTS COMPANY, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT MAKING ANY LIMITATION TO THE FOREGOING, CURSORARTS COMPNAY MAKES NO WARRANTY THAT THIS SITE, THE MATERIALS OR THE CURSORARTS SOFTWARE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE INFORMATION OR RESULTS FROM THIS SITE OR THE MATERIALS WILL BE ACCURATE, EFFECTIVE, CURRENT, OR RELIABLE, OR THAT YOUR ACCESS TO OR USE OF THIS SITE OR THE MATERIALS WILL BE TIMELY, UNINTERRUPTED, ERROR FREE OR SECURE, OR THAT ANY ERRORS IN THIS SITE, THE MATERIALS OR THE CURSORARTS SOFTWARE WILL BE CORRECTED. CURSORARTS COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN THE MATERIALS FOUND ON THIS SITE. CURSORARTS COMPANY RESERVES THE RIGHT TO MAKE CHANGES TO THE MATERIALS AND THIS SITE, INCLUDING THE DESCRIPTIONS OF, SPECIFICATIONS FOR AND PRICES OF THE CURSORARTS SOFTWARE AND SUCH OTHER PRODUCTS AS LISTED HEREIN WITHOUT NOTICE AND AT ANY TIME. IN NO EVENT SHALL CURSORARTS COMPANY, ITS AFFILIATES OR ITS SUPPLIERS BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER, INCLUDING, AND WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF DATA, PROFITS OR USAGE, WHETHER OR NOT CURSORARTS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ANY DAMAGES BASED ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY THIRD PARTY SITE OR SERVICE LINKED TO OR REFERRED TO ON THIS SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS MAY NOT APPLY AND THE LIABILITY OF CURSORARTS COMPANY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. CURSORARTS COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED OR LINKED TO THROUGH THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR THE MONITORING OF ANY TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. LINKS TO AND REFERENCES TO THIRD PARTY CORPORATIONS OR OTHER ENTITIES, OR TO PRODUCTS AND SERVICES PROVIDED BY SUCH THIRD PATIES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

YOUR USE OF THIS SITE AND ANY DOWNLOADING OR OTHER ACQUISITION OF THE MATERIALS THROUGH THE LINKS PROVIDED ON THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO COMMUNICATION, INFORMATION OR ADVICE, WHETHER IN ORAL OR WRITTEN FORM, OBTAINED BY YOU FROM CURSORARTS COMPANY, ITS AGENTS OR THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

Indemnity

You agree to indemnify and hold CursorArts Company, and its officers, employees, agents, partners and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of any materials which you post to or transmit through this Site, your connection to or use of this Site, your violation of this User Agreement, or your violation or infringement of any rights of another person or entity.

Governing Law and Jurisdiction

This Site is controlled by CursorArts Company from its offices within the state of Oregon of the United States of America. CursorArts Company makes no representation that the Materials presented in this Site are appropriate or available for use in other locations, and access to such Materials from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with such local laws as may apply. Any claim relating to this Site or the Materials shall be governed by the internal substantive laws of the State of Oregon.

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