Terms and Conditions - Deep Sky Software

Welcome to Deep Sky Software, a service brought to you by Deep Sky Software, Inc., ("Deep Sky"). Please take a moment to read our Terms and Conditions. By using our site, you agree to these Terms and Conditions. Please note that the Internet is a rapidly changing medium, and we reserve the right to modify the terms of this agreement. By continuing to use the site after we post any such changes, you accept the modified terms. This site is controlled and operated by Deep Sky from its offices within the United States of America. Deep Sky makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is defined below) in violation of U.S. export law or regulation.

We respect the privacy of our users. Please take a moment to review our privacy policy if you have any concerns regarding privacy, contact us at
info@deepskysoftware.com for more information.

As is further explained below, you should be aware that the material that appears on our site is for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. We are not responsible for, and do not guarantee the performance of, goods and services provided by any of our advertisers or by any third party to whose website we link. The links on this Web site are designed for convenience only, and do not constitute an endorsement by Deep Sky of that site or any product, service or other material offered on that site.

Ownership of Materials
Except as otherwise noted, the information and/or software within and available through this Web site (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the "Materials") are the exclusive property of Deep Sky or its licensors. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Deep Sky's prior written permission. Except as expressly provided herein, Deep Sky grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our site in any manner other than that described in this agreement, please contact us at info@deepskysoftware.com.

Single Copy License
By offering this Site, we grant you the permission to view using a browser. This means that you may download one (1) copy of the Materials on a single computer for your personal, non-commercial internal use only. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental; (b) de-compile, reverse engineer, or disassemble software materials; (c) remove any copyright notice or other proprietary notices from the Materials; (d) transfer the materials to another person. You agree to prevent any unauthorized copying of the Materials.

Your Consent
Deep Sky may change this Privacy Policy at any time by posting revisions to our Web site. Your use of the site constitutes acceptance of the provisions of this Privacy Policy and your continued usage after such changes are posted constitutes acceptance of each revised Privacy Policy. If you do not agree to the terms of this Privacy Policy or any revised policy, please exit the site.

Trademarks
The marks and any designs associated with any marks on the Web site are trademarks and/or service marks of Deep Sky or its licensors. ALL RIGHTS RESERVED. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of Deep Sky, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners.

Linking and Framing
You may link to our home page (at www.deepskysoftware.com) provided that any such link does not imply any sponsorship of your site by Deep Sky, but if you wish to link to material contained at other levels within the site, please contact us at info@deepskysoftware.com for permission to do so. You may not frame or otherwise incorporate into any other Web site or service any of the Materials without the prior written permission of Deep Sky. If you are interested in permission to frame our content or in exploring a partnership arrangement, please contact info@deepskysoftware.com.

DISCLAIMER OF WARRANTIES AND LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. Deep Sky IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS TO PROVIDE INFORMATION TO THOSE WHO SEEK ASSISTANCE AND SUPPORT IN THE DAILY PROCESS OF CARING FOR OTHERS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS, AND AGREE THAT IF YOU RELY ON THE MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. THE MATERIALS ARE PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL Deep Sky (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR ANY HYPERLINKED WEB SITE, EVEN IF Deep Sky HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Deep Sky DOES NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Deep Sky MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS OR THE MATERIALS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Deep Sky IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

No Unlawful or Prohibited Use As a condition of your use of this site, you warrant to Deep Sky that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Termination
This agreement is effective until terminated by Deep Sky, at any time without notice. In the event of termination, you are no longer authorized to access this site and the restrictions imposed on you with respect to the Materials as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

Jurisdiction; Miscellaneous
This site is created and controlled by Deep Sky Software, Inc. The laws of the State of California will govern all terms, conditions and disclaimers on this site, without giving effect to any principles of conflicts of laws. The exclusive jurisdiction of any dispute arising out of or related to these Terms and Conditions or your use of the site or the Materials shall be the appropriate state or Federal court in San Francisco, California. Any rights not expressly granted herein are reserved. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of Deep Sky to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above stated rules represent the entire understanding between each user of the Deep Sky Web site, regarding each user's relationship with Deep Sky and supersedes any prior statements or representations.

Comments
Deep Sky Software welcomes your feedback. If you have questions or comments about our policies, feel free to send us an e-mail at info@deepskysoftware.com.