Terms of Use
Legal Notices
Topicexplorer Pty Ltd, doing business in the State of New South Wales, Australia as Topicexplorer ("Topicexplorer"), makes software and information services (“Software”) available on this website, subject to certain terms and conditions, described herein and in the End User License Agreement (“License Agreement”), which accompanies the Software. By accessing the Software and this website, you agree to these terms and conditions. Topicexplorer reserves the right to change these terms and conditions, and the Software, at any time, at its sole discretion, without notice. Any rights not expressly granted herein are reserved.
Copyright
Copyright ©2004 Topicexplorer. All rights reserved. The pages on this website are protected by copyright. Except as specifically permitted, no portion of this website may be distributed, republished, publicly displayed, or reproduced by any means, or in any form, without the prior written permission of Topicexplorer.
Notice Specific to Software on this Website
Any software that is made available to download from this website is the property of Topicexplorer, which retains all title in and rights to the Software except as described herein. Use of the Software is governed by the terms and conditions of the End User License Agreement ("License Agreement"), if any, which accompanies or is included with the Software, as well as those described herein. An end user will be unable to install and/or register any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, TOPICEXPLORER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Use of Software
You may not knowingly or recklessly use the Software in any manner that could damage, disable, overburden, or impair the Topicexplorer Service (e.g., you may not use the Software in an automated manner), nor may you use the Software in any manner that could interfere with any other party's use and enjoyment of the Software. Furthermore, you may not use the Software in a way that causes an undue burden on our system. We reserve the right to terminate Topicexplorer services at our sole discretion.
You may not modify, copy, publish, or sell the Software without first obtaining written permission from Topicexplorer, nor may you create any derivative works based upon the Software except as explicitly provided herein or in the License Agreement.
Limitations on Using Topicexplorer Free Evaluation
Any free software that is made available on this website is for your personal, non-commercial use and for the purpose of evaluation in accordance with the License Agreement. Topicexplorer software may not be used by or for a business, for-profit entity, governmental or educational institution or any for-profit activity, unless an Topicexplorer License is purchased and registered for each desktop running the Software.
Distribution of Software on your CD-ROM or Website
Topicexplorer reserves the right to evaluate requests for authorization to distribute the Software on your CD or host the Software on third-party websites. Requests for authorization should be made using our Sales Contact Form. You may not host the downloadable Software unless expressly permitted by Topicexplorer and we reserve the right to revoke such authorization at any time, and any such use of the Software shall be discontinued immediately upon notice from us.
Linking to Us
We encourage you to provide a link to http://www.topicexplorer.com on your web site. You may do so without getting prior written permission from us.
Posting Topicexplorer Demonstrations
You may post Topicexplorer Demonstration pages on the web or make such files generally accessible to the public provided that the Topicexplorer Demonstration pages are not edited with an external editor and specifically that the Topicexplorer logo, product description and download links visible when viewed in a browser as a web page are not be removed without the prior written consent of Topicexplorer. No other derivative works based upon the Software are authorized or permitted.
Third-Party Websites, Products and Services
The Software may provide links to third-party websites, which are not under our the control. We make no representations about third-party websites. When you access a non-Topicexplorer web site using the Software, you do so at your own risk. Topicexplorer is not responsible for the reliability of any data, opinions, advice, or statements made on third-party sites. The Software and website may contain mention of third-party products and services for informational purposes. Topicexplorer makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by Topicexplorer "as is," without warranty of any kind, either express or implied.
Title
The Software is protected by copyright under Australian law. Topicexplorer reserves all rights not expressly granted in this Agreement. You acknowledge that Topicexplorer retains title to the software and reserves all rights not conveyed herein. Copyright and patent laws of Australia and international treaties protect this Software. We welcome your ideas about Topicexplorer and comments on how to improve it. Please note that by providing us with your ideas and comments, you also grant Topicexplorer permission to use and incorporate your ideas or comments into the Software without further compensation to you.
Intellectual Property
You acknowledge that Topicexplorer owns all right, title and interest in and to the Software, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software. You also agree to not remove, obscure, or alter Topicexplorer’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Software.
Trademarks
Topicexplorer is the registered trademark of Topicexplorer Pty Ltd. All other trademarks, service marks, trade names, product names and Topicexplorer names or logos cited herein are the property of their respective owners.
Warranties and Disclaimers; Liability Limitations
DISCLAIMER OF WARRANTY: THE SITE AND SOFTWARE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. TOPICEXPLORER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN RELATING TO THE SITE OR SOFTWARE. TOPICEXPLORER DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE MAY CONTAIN INFORMATION POSTED BY THIRD PARTIES. TOPICEXPLORER DOES NOT GUARANTEE THE ACCURACY OF INFORMATION POSTED BY THIRD PARTIES AND DOES NOT WARRANT EXPRESSLY OR IMPLIEDLY ANY INFORMATION POSTED BY THIRD PARTIES.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOPICEXPLORER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH THE SOFTWARE OR THE SITE. IN NO EVENT SHALL TOPICEXPLORER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF TOPICEXPLORER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TOPICEXPLORER ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE SITE.
THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, TOPICEXPLORER, MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
Export Control Laws
Software available on the site is subject to Australian export controls. By downloading or using software from the site, you are agreeing to all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list that is prohibited from such export.
Australian Government Rights
If the Software is licensed to agencies of the Australian Government, the Software is commercial computer software, and shall be licensed to the Government under the terms and conditions of the End User License Agreement(s) accompanying the Software, and the terms and conditions herein.
Governing Law and Jurisdiction
You agree that all matters relating to your access to, or use of, the site or the Software shall be governed by the laws of the state of New South Wales, Australia, except for provisions regarding choice of law. You agree and hereby submit to the exclusive personal jurisdiction of the Superior Court of the State of New South Wales. You further agree that venue shall be properly exercised by such Courts situated in Sydney, Australia. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Topicexplorer makes no representation that information on this site is appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and of their own risk and are responsible for compliance with all applicable laws.
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