The Terms are entered into by and between Barr Systems and you. In addition to the Terms, the Barr Systems Standard Sales Terms apply to purchases you make through the Barr Systems, unless you have currently in effect a separate written purchase or license agreement with Barr Systems, in which case that separate purchase agreement governs. If there is a conflict between: (a) these Terms, and (b) either the Barr Systems Standard Sales Terms or other applicable purchase or license agreement, the latter prevails.
Use of Content
You acknowledge that the web site contains information, software, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Barr Systems. All Content on the web site is copyrighted as a collective work of Barr Systems pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted by these Terms. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright.
You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Barr Systems.
Global Availability of Products and Services:
The information published on this web site may contain references to Barr Systems products, programs or services that are not available or have not yet been released in your country. These references do not mean that we intend to release or provide the products, programs or services to you country. Any specific inquiry about the availability of a product, program or service should be addressed to Barr Systems at our main office at 4500 NW 27th Avenue, Gainesville, FL 32606.
No Business Relationships
Barr Systems makes no representation whatsoever about any other web site which you may access through this one or through which this one may be accessed. When you access a non-Barr Systems web site, even one that may contain the Barr Systems logo, please understand that it is independent from Barr Systems, and that Barr Systems has no control over the content on that web site. In addition, a link to or from a non-Barr Systems Web site does not mean that Barr Systems endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In no event will Barr Systems be liable to any party for any direct, indirect, special or other consequential damages for any use of this web site, or on any other hyper linked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
Although "Year 2000" is technically over, please understand that Barr Systems, along with our suppliers and other service providers that we rely on, may not have identified all problems caused by the date change. Year 2000 issues may still present a number of risks that are beyond our reasonable control, such as interruptions in electricity, telecommunications and banking problems. Although we believe that our compliance efforts have identified and addressed those Year 2000 issues, we cannot assure you that our efforts will be fully effective, or that Year 2000 effects will not continue to have a material adverse effect on our business, financial condition or results of operations.
Warranty of Use of Web Site Information
This publication could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of the publication. Barr systems may make improvements and/or changes in the product(s) and/or the program(s) described in this publication at any time.
THIS WEB SITE AND THE INFORMATION CONTAINED HEREIN IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BARR SYSTEMS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS PUBLICATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS PUBLICATION.
IN NO EVENT SHALL BARR SYSTEMS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE OR THE USE OF THE INFORMATION CONTAINED THEREIN.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of barr systems, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
Responses from You
Should you or any viewer of this publication respond with information, feedback, data, questions, comments, suggestions or the like regarding the content of any Barr Systems publication, any such response shall be deemed not to be confidential and Barr Systems shall be free to reproduce, use, disclose and distribute the response to others without limitation. You agree that Barr Systems shall be free to use any ideas, concepts or techniques contained in your response for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.
You agree to indemnify and hold Barr Systems, and its affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by third party due to or arising out of your use of this web site, your use of our products of programs, including any use by your employees, your connection to the services, your violation of the Terms, or your violation of any rights of another.
These Terms shall be construed in accordance with the laws of the State of Florida, and the parties irrevocably consent to bring any action to enforce these Terms in the federal or state courts located in Gainesville, Florida, Alachua County. These Terms constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the web site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.