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Terms and Conditions
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For use of Sightwave online services
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Sightwave Pty Ltd ("Sightwave") makes this Web site (the "Site"), including all
information, documents, communications, files, text, graphics, software,
and products available through the Site (collectively, the "Materials")
and all services operated by Sightwave and third parties through the Site
(collectively, the "Services"), available for your use subject to the
terms and conditions set forth in this document and any changes to this
document that Sightwave may publish from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including,
without limitation, use of any of the Services, downloading of any
Materials, or merely browsing the Site, you agree to and are bound
by the Terms of Use.
Sightwave reserves the right to change the Terms of Use and other guidelines or rules
posted on the Site from time to time at its sole discretion, and will provide notice of
material changes on the home page of the Site. Your continued use of the Site, or any
Materials or Services accessible through it, after such notice has been posted constitutes
your acceptance of the changes. Your use of the Site will be subject to the most current
version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use.
You should periodically check the "Terms of Use" link on the Site's home page to view the
then-current terms. If you breach any of the Terms of Use, your authorization to use this
Site automatically terminates, and any Materials
downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
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Please be aware that certain activities on this Site, such as registerd account holders, are
available only to persons who are covered under a paid or trial subscription
agreement with Sightwave and persons invited by Sightwave to participate in such activities.
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The Materials and Services on this Site, as well as their selection and arrangement,
are protected by copyright, trademark, patent, and/or other intellectual property laws,
and any unauthorized use of the Materials or Services at this Site may violate such laws
and the Terms of Use. Except as expressly provided herein, Sightwave and its suppliers do not
grant any express or implied rights to use the Materials and Services. You agree not to copy,
republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute,
license, sublicense, reverse engineer, or create derivative works based on the Site,
its Materials, or its Services or their selection and arrangement, except as expressly
authorized herein. In addition, you agree not to use any data mining, robots, or similar
data gathering and extraction methods in connection with the Site.
Use of Services. When using Services on this Site that are offered by Sightwave,
you shall be subject to any posted guidelines, rules, or licenses applicable to
such Services and to the Terms of Use. Such guidelines, rules, or licenses may
contain terms and conditions in addition to those in the Terms of Use.
In addition to the Materials and Services offered by Sightwave, this Site also makes
available materials, information, and services provided by third parties
(collectively, the "Third-Party Services"). The Third-Party Services are
governed by separate license agreements that accompany such services. Sightwave offers no
guarantees and assumes no responsibility or liability of any type with respect to the
Third-Party Services, including any liability resulting from incompatibility between the
Third-Party Services and the Materials and Services offered by Sightwave. You agree that you
will not hold Sightwave responsible or liable with respect to the Third-Party Services or seek to do so.
Use of software. The software and accompanying documentation that is made
available to download from this Site is the copyrighted and/or patented
work of Sightwave and/or its suppliers. Use of the software is governed by
the terms of the license agreement that accompanies or is included with
such software. Such terms are available for review and are incorporated
herein by this reference. You will not be able to download or install any
software that is accompanied by or includes a license agreement unless you
agree to the terms of such license agreement. If you do not agree to such terms,
you will not be able to use the software. Absent a license agreement that accompanies
the software, use of the software will be governed by the Terms of Use. You agree that
you will not decompile, reverse engineer, or otherwise attempt to discover the source
code of the software available on the Site.
Use of Sightwave Content and User Content. Except as indicated to the contrary
elsewhere on this Site, you may view, download, and print the Sightwave Content and
User Content available on this Site subject to the following conditions:
1. The Sightwave Content and User Content may be used solely for personal, informational, and internal purposes.
2. The Sightwave Content and User Content may not be modified or altered in any way.
3. The Sightwave Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the Sightwave Content and User Content.
5. Sightwave reserves the right to revoke the authorization to view, download, and print the
Sightwave Content and User Content available on this Site at any time, and any such use shall be
discontinued immediately upon notice from Sightwave.
6. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the Sightwave Content and User Content available
on this Site are not applicable to the design or layout of this Site. Elements of this Site are
protected by trade dress and other laws and may not be copied or imitated in whole or in part.
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Trademark information
The trademarks, logos, and service marks ("Marks") displayed on
this Site are the property of Sightwave or other third parties.
You are not permitted to use the Marks without the prior written consent of Sightwave or such
third party that may own the Marks. Sightwave and the Sightwave logo are trademarks of Sightwave Systems Incorporated.
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For User Content such as comments to the Sightwave User to User Forums,
bug reports, piracy reports, or product suggestions, you grant Sightwave
and the users of this Site an unrestricted, worldwide, irrevocable
license to use, reproduce, display, perform, modify, transmit, and distribute such
User Content, and you also agree that Sightwave is free to use any ideas, concepts,
know-how, or techniques that you send us for any purpose without any compensation
to you. However, we will not release your name or otherwise publicize the fact that
you submitted such User Content to us unless: (a) you grant us permission to do so;
(b) we first notify you that the User Content you submit to a particular part of the
Site will be published or otherwise used with your name on it; (c) we have a good faith
belief that we are required to do so by law and/or in response to a subpoena or court order;
or (d) we believe it necessary in order to protect the rights of Sightwave or others.
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You may submit only User Content or Design Content to the Site that is (a)
owned by you, (b) submitted with the express permission of the owner or within
the scope of the license to such content, or (c) in the public domain. You are
prohibited from posting or transmitting to or from this Site any unlawful, threatening,
harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other
materials that would violate any law or the rights of others, including, without limitation,
laws against copyright infringement, and rights of privacy and publicity. Violation of these
restrictions may result in denial of or limitations on access by you to this Site.
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In using the Site, including all Services and Materials available through it, you agree:
- not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another's account, password, service, or system without authorization from Sightwave;
- not to access or attempt to access any Design Content which you are not authorized to access;
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Site,
or any Services, Materials, system resources, accounts, passwords, servers,
or networks connected to or accessible through the Site or any affiliated or linked sites.
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Sightwave reserves the right to delete or remove User Content from the Site and to restrict, suspend, or terminate your
access to all or part of this Site, at any time if we have cause to do so (including, without
limitation, our good faith belief that you have violated the Terms of Use) without prior notice
or liability.
Sightwave may, but is not obligated to, monitor or review
any areas on the Site where users transmit or post User Content,
including but not limited to areas where Services are available,
or chat rooms, bulletin boards, or other user forums, and the substance of such content.
To the maximum extent permitted by law, Sightwave will have no liability related to
User Content arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. Sightwave also disclaims all liability with respect to the misuse,
loss, modification, or unavailability of any User Content or Design Content.
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You are responsible for maintaining the confidentiality of your username, account name,
and/or password, if applicable. You are responsible for damages resulting from all uses of
your account number, account name, and/or password, whether actually or expressly authorized
by you, unless access to your account number, account name, and/or password was obtained
through no fault or negligence of your own.
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EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND SIGHTWAVE OR YOU
AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS
AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, Sightwave MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR
MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE,
OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.
Sightwave MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND
DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES
AT THIS SITE MAY BE OUT OF DATE, AND Sightwave MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) SIGHTWAVE DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY
FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT
LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) Sightwave
MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS,
OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) SIGHTWAVE
SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. SIGHTWAVE ASSUMES NO LIABILITY
FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR
IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM SIGHTWAVE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE,
ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
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This Site can be accessed from countries around the world and may contain references to
Sightwave products, services, and programs that are not available in your country.
These references do not imply that Sightwave intends to announce such products, services,
or programs in your country.
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IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Sightwave, ITS SUBSIDIARIES,
AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, 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 Sightwave HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE
OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS
OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES,
ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT
IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR
OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR
ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
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You agree to indemnify and hold Sightwave, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of content you submit, post to, or transmit through the Site (including,
without limitation, any User Content or computer viruses), your use
of the Site, your connection to the Site, your violation of the Terms of Use
or your violation of any rights of another person or entity.
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This Site (excluding linked sites) is controlled by Sightwave from its offices
within Australia. By accessing this Site,
you and Sightwave agree that all matters relating to your access to, or use of, this
Site shall be governed by the statutes and laws of the State of New South Wales, without
regard to the conflicts of laws principles thereof.
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