Terms of Use                                                            

Plus & Minus Software Corporation ("P&M"), maintains this Web site as a service to its customers. By using this site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to the P&M Web site (the “Site”).  This Agreement constitutes the entire and only agreement between P&M and a user of the Site (“User”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject matter of this Agreement.  Users agree to review this Agreement prior to reviewing any information or obtaining any documents.  This Agreement may be amended at any time by us without advance notice to you.  The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site.

2. Copyright.

Copyright in the documents, materials and software on the PLUS & MINUS SOFTWARE CORPORATION web site is owned by PLUS & MINUS SOFTWARE CORPORATION ("P&M"). P&M hereby authorizes you to view, print, copy and distribute information published by P&M on this World Wide Web server, provided that (a) the information may be used (by you or any third party to whom you distribute it) only for informational, non-commercial purposes; (b) no fee may be charged for distribution of any information to any third party; and (c) any and all copyright or other proprietary notices that appear herein, together with this permission notice, must appear on all copies that you make or distribute. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any information from this Site in whole or in part without the express permission of P&M.
 

3. Use of Software.
Your use of software and documentation, if any, downloaded from the Site is subject to a software license agreement.  You must read the agreement and agree to its terms prior to installing or using the software.  All rights, title and interest not expressly granted are reserved.

To the maximum extent permitted by applicable law, and except for the limited warranty set forth in the software license agreement, THE SOFTWARE (AND ACCOMPANYING DOCUMENTATION) IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE.  WITHOUT LIMITING THE FOREGOING PROVISIONS, P&M MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS  OR OTHER FAILURES OR THAT THE SOFTWARE WILL SATISFY YOUR SPECIFIC REQUIREMENTS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, P&M DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF LACK OR ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT.  THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.  THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, IF ANY, REMAINS SOLELY WITH THE END USER.  SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

4. Use of Forums.
You agree not to upload, e-mail, post, publish, or otherwise transmit through any Discussion Forum located on this site any content that (a) is false or misleading;  (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including, but not limited to, intellectual property rights; (f) constitutes unsolicited bulk e-mail, “junk mail,” “spam” or chain letters; or (g) violates any applicable laws or regulations.

Discussion Forums shall be used in a noncommercial manner only.  You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter.  You agree not to solicit other users of the Site to join or become members of any commercial online or offline service or other organization.  Except where expressly authorized by P&M, you agree not to store personal data about other users.

By uploading, e-mailing, posting, publishing, or otherwise transmitting content to any Discussion Forum or submitting any content to P&M, you automatically grant (or warrant that the owner of such rights has expressly granted) P&M a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium or technology now known or later developed.  In addition, you warrant that all so-called moral rights in the content have been waived.

5. Passwords and Security.
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s).  You agree to notify P&M immediately of any unauthorized use of your password(s).  P&M is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent any unauthorized access that information.

6. Termination of Use.
You agree that P&M may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site.  Access to the Site may be monitored by P&M.

7.  Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to Users while on the Merchants’ sites.  P&M is not responsible for information provided by Users to Merchants.  Merchant and P&M are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

8. Third Party Web Sites, Content, Products and Services.
The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates, and sponsors of the Site.  You agree that P&M is not responsible for the availability of, and content provided in, third party Web sites.  You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.  You agree that P&M is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the risk of such content.  You agree that P&M is not responsible for loss or damage of any sort you may incur from dealing with any third party.

9. Disclaimer.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, ANY ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  P&M EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  P&M MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.  P&M SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.  P&M RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

10. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL P&M BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FOR PERSONAL INJURY, LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE PRODUCTS, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY P&M, AND EVEN IF P&M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL P&M BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE P&M CHARGES FOR A LICENSE TO THE SOFTWARE.  THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.  FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.  THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnity.
You agree to defend, indemnify, and hold harmless P&M, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.

12. Attorney Fees.
If any party employs attorneys to enforce any rights arising out of or relating to the Site, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and other expenses.

13. Privacy Policy.
P&M is concerned about your privacy and has developed a policy to address privacy concerns.  You can find the current privacy policy at http://www.plusandminus.com/privacy_statement.htm

14. Export Restrictions/Legal Compliance.  You may not access, download, use or export the Site, or the content, software, products, or services provided on the Site in violation of any applicable laws or regulations.  You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of P&M in violation of any such restrictions, laws, or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction.  As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own use of the services of P&M outside the U.S.  Neither the services of P&M nor the underlying information or technology may be downloaded, exported, re-exported or otherwise provided or made available, either directly or indirectly, (i) into (or to a national or resident of) Afghanistan [Taliban], Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, The Federal Republic of Yugoslavia [Serbia and Montenegro] and the Republic of Serbia, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nations or the United States Commerce Department’s Table of Denial Orders.  By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list.

15. Applicable Laws.
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California.  Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in the Federal District Court for Northern California or the California Superior Court of Alameda County .  You and P&M agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such action or proceeding.

16. Copyright/Trademark Information.
Copyright ©2001, Plus & Minus Software Corporation.  All rights reserved.   Plus & Minus is a registered trademark of Plus & Minus Software Corporation.  All trademarks mentioned herein or appearing on this site belong to their respective owners.

Revised:  08/13/2001.

> PRIVACY STATEMENT