You agree to indemnify CRI, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions.
Web Liability. CRI may include some links to other Internet sites maintained by third parties for your convenience only ("Linked Sites"). CRI does not operate or control in any respect any information, products or services on Linked Sites which are not owned or controlled by an affiliate of CRI. You access them at your own risk and by accessing them you leave the CRI site. CRI, whether or not it has a relationship with Linked Sites, is not responsible for the content on the Linked Sites and disclaims all liability for any injury you experience while you are in such Linked Site.
Documentation. CRI and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. CRI and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall CRI and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
Ownership. All software programs or packages (together with any related documentation, source code or codes, object codes, upgrades, revisions, modifications, and any related materials) which are utilized or developed solely in connection with the performance of the Services, and which may or may not be either confidential or proprietary, and all other materials prepared in the course of rendering the Services, shall be the property of CRI provided, however, that CRI grants to you non-exclusive licenses to use and operate any and all such programs and packages owned by Computer Resolutions.
Intellectual Property Rights. You agree that all patentable or copyrightable ideas, writings, drawings, inventions, designs, parts, machines or processes developed as a result of, or in the course of, rendering the Services by CRI during the term of this Agreement shall be the property of CRI. You hereby assign all rights in such intellectual property to CRI, agrees to supply all assistance reasonably requested in securing for CRI’s benefit any patent, copyright, trademark, service mark, license, right or other evidence of ownership of any such intellectual property, agrees to provide full information regarding any such item and agrees to execute all appropriate documentation prepared by CRI in applying or otherwise registering, in CRI’s name, all rights to any such item.
Limitation of Liability. You agree that CRI shall not be liable for any special, indirect, incidental or consequential damages or any loss of business or other profits, whether or not foreseeable, notwithstanding advice to you of the possibility of such damages. You hereby waive all guaranties and warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Any materials or equipment, including any software or hardware, procured from third parties as part of the Services under this Agreement by CRI shall contain only the manufacturer's warranties.
Proprietary Information. Each party acknowledges and agrees that any and all information concerning the other's business is "Confidential and Proprietary Information," and each party agrees that it will not permit the duplication, use or disclosure of any of such Confidential and Proprietary Information to any person (other than its own employee, agent or representative who must have such information for the performance of its obligations hereunder), unless such duplication, use or disclosure is specifically authorized by the other party. "Confidential and Proprietary Information" is not meant to include any information which, at the time of disclosure, is generally known by the public and any of your competitors.
Domains. Domains are renewed each year typically within a one month of their renewal date. CRI maintains the list of renewals and handles them as needed. If you do not cancel your domain 30 days prior to the renewal period, your domain may be automatically renewed and you will be liable for the charges for the renewal. To cancel a domain, please submit in writing (or email) your intent to abandon the domain name and we will not renew it on your behalf.
Domain Payments. For all web domains that CRI maintain domain renewal for, we reserve the right to withhold services for unpaid invoices. This includes services such as website and email services. All payments made to CRI will be applied to invoices in the order of the billing cycles that they were applied to. Failure to pay for services may result in suspension or termination of services at the sole discretion of CRI. Failure to pay for services may also lead to interest being applied to outstanding balances at the rate of 0.5% per week based on the outstanding balance.
Publicity; Trademarks. Neither party shall use the name, trademark or trade names (whether registered or not) of the other party in publicity releases or advertising or in any other manner, including customer lists, without securing the prior written approval of the other.
Database Repair. CRI does not make any warranties of any kind, either expressed or implied that database files that are “repaired” will be error free, 100% completely recovered, or fit back into existing programming without further potential problems. Once you accept a database repair evaluation, you understand that the repair evaluation represents the sum of the database objects (tables, queries, forms, reports, macros and modules) that were recoverable. CRI does not make warranties of any kind either expressed or implied that unrecoverable objects including database objects (as mentioned above), relationships, import/export specifications, attached table definitions, security privileges, will not potentially cause problems once the database is reinstated and used.
Usage. Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
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