Reference
License Terms of Use
By downloading and using code from Wired Digital's Webmonkey Code Library
(the "Library"), you ("You" or "User") are indicating your acceptance of
the terms, conditions, and disclaimers set forth in this document and the
documents incorporated by reference herein, (collectively, the "Agreement").
GENERAL TERMS OF USE
The following terms and conditions are intended to apply specifically to
use of the Webmonkey Code Library.
The Library is provided solely to permit Users to download scripts and code
("Code") for invisible, commercial, and non-commercial use integrated into
fully executable, original programs and Web pages, and not for any use
that distributes or displays the Code in an indexed library or collection
of code, nor any use that distributes or displays Code from time to time
for purposes of providing a central source of code for others' use.
DISCLAIMER OF WARRANTIES
THE CODE FOUND IN THE WEBMONKEY CODE LIBRARY IS PROVIDED FREE OF CHARGE ON
AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS
FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
COVERED CODE IS WITH YOU. SHOULD ANY CODE PROVE DEFECTIVE IN ANY RESPECT,
YOU (NOT WIRED DIGITAL AND/OR ITS AFFILIATES OR ANY OTHER MODIFIER OR
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR, OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS TERMS OF USE AGREEMENT. NO USE OF ANY CODE IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL Wired Digital Inc., AND/OR ITS
AFFILIATES, ANY OTHER MODIFIER OR CONTRIBUTOR, OR ANY DISTRIBUTOR OF CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU.
TERMINATION
This Terms and Conditions of Use Agreement and the rights granted hereunder
will terminate automatically if You fail to comply with any terms hereof
and fail to cure such breach within 30 days of becoming aware of the breach.
EXPORT LAW ASSURANCE
You agree and certify that neither the Code nor any other technical data
downloaded from this Web site will be exported outside the United States
except as authorized and as permitted by the laws and regulations of the
United States. If the Code has been rightfully obtained by You outside of
the United States, You agree that You will not re-export the Code nor
any other technical data downloaded from this Web site, nor the direct
product thereof, except as permitted by the laws and regulations of the
United States and regulations of the jurisdiction in which You obtained the
Code.
RESTRICTED RIGHTS LEGEND
Any Code or other that is downloaded from this Web site for or on behalf
of the United States of America, its agencies, and/or instrumentalities
("US Government") is provided with Restricted Rights. Use, duplication,
or disclosure by the US Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and
(2)
of the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is Wired Digital Inc., 660 Third
Street, 4th floor, San Francisco, California, 94107, USA.
INDEMNITY
As a condition of use of Webmonkey Code Library, the User agrees to hold
harmless, defend, and indemnify Wired Digital and its affiliates, modifiers,
and contributors from and against any and all liabilities, expenses
(including attorneys' fees), and/or damages arising out of claims resulting
from User's use of this Web site, including without limitation any claims
alleging facts that if true would constitute a breach by User of these
terms and conditions and the terms and conditions incorporated by reference
herein.
COPYRIGHT NOTICE
All contents of this Web site are Copyright (c) 1998 Wired Digital Inc.,
and/or its modifiers and contributors, 660 Third St., 4th floor, San
Francisco, California, 94107, USA. All rights reserved.
TRADEMARK NOTICE
Webmonkey; Webmonkey Code Library; Wired; Wired Digital Inc.; Wired
Ventures, Inc.; and names of Webmonkey products referenced herein are trademarks
or registered trademarks of Wired Ventures Inc., or its licensors. All
other product and company names mentioned herein are the trademarks of
their respective owners.
GENERAL
Wired Digital reserves the right to change this Agreement at any time by
revising the terms and conditions herein. User is responsible for
regularly reviewing these terms and conditions. Continued use of this Web
site following any such changes shall constitute the User's acceptance of
such changes.
This Agreement shall be deemed to include all other notices, policies,
disclaimers, and other terms contained in this Web site; provided, however,
that in the event of a conflict between such other terms and the terms of
this Agreement, the terms of this Agreement shall control.
This Agreement is governed by the federal laws of the United States and the
laws of the State of California, USA. User consents to the exclusive
jurisdiction and venue of courts in San Francisco County, California,
USA, in all disputes arising out of or relating to the use of this Web
site. Use of this Web site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including
without limitation this paragraph.
If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the Agreement shall continue in effect.
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