Terms & Conditions
Welcome to the Surfinity (“Surfinity”) Web site (the “Web site”). Please review
the following terms and conditions concerning your use of the Web site. By
accessing, using or downloading any materials from the Web site, you agree to
follow and be bound by these terms and conditions (the "Terms"). Surfinity
reserves the right to change the Terms at any time and in its sole discretion.
In case of any violation of the Terms, Surfinity reserves the right to seek all
remedies available to it in law and in equity. In order to access and use any
Surfinity product, you must agree to the terms of The Surfinity Software
You acknowledge that all materials provided on this Web site, including but not
limited to information, documents, products, logos, graphics, sounds, images,
software, and services ("Materials"), are provided either by Surfinity or by
their respective third party authors, developers and vendors ("Third Party
Providers") and the underlying intellectual property rights are owned by
Surfinity and/or its Third Party Providers.
Surfinity company and product logos displayed on this web site are
trademarks of Surfinity, one of its affiliates, or third parties who have
licensed their Trademarks to Surfinity or one of its affiliates. Surfinity, the
Surfinity logo, Surfinity Search, SQL Turbo, the SQL Turbo logo, Surfinity
Search DB, the Surfinity Search DB logo, Surfinity Search Max and other
Surfinity products referenced herein are trademarks of Surfinity, and may be
registered in certain jurisdictions. MS SQL Server and Windows are registered
trademarks of Microsoft Corporation. All other company, product and brand names
are trademarks of their respective owners.
Except as expressly stated in these terms and conditions, you may not
reproduce, display or otherwise use any Surfinty Trademark without first
obtaining Surfinity's written permission.
LIMITED LICENSE / RESTRICTIONS
Subject to the terms and conditions of this Agreement, Surfinity hereby grants
you permission to display, cache, and download Surfinity's Materials on this
Web site provided that: (1) you display the relevant ownership notices provided
with the Materials; (2) Except as provided in a separately executed The
Surfinity Software License Agreement between you and Surfinity, the use of such
Materials is solely for your personal, non-commercial and informational use and
will not be used for commercial gain; and (3) the Materials are not modified in
any way. This permission terminates automatically without notice if you breach
any of these terms or conditions.
Except as stated herein, none of the Materials may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means, including but not limited to electronic, mechanical,
photocopying, recording, or other means, without the prior express written
permission of Surfinity or the Third Party Provider. Also, you may not "mirror"
any Materials contained on this Web site on any other server without
Surfinity's prior express written permission.
Except where expressly provided otherwise by Surfinity, nothing on this Web
site shall be construed to confer any license under any of Surfinity's or any
Third Party Provider's intellectual property rights, whether by estoppel,
implication, or otherwise. You acknowledge sole responsibility for obtaining
any such licenses. Materials provided by Third Party Providers have not been
independently reviewed, tested, certified, or authenticated in whole or in part
by Surfinity. Surfinity does not provide, sell, license, or lease any of the
Materials other than those specifically identified as being provided by
Any unauthorized use of any Materials contained on this Web site may violate
copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
TERMINATION OF SERVICES/ WEB SITE
Surfinity may modify or discontinue its Web site or the Materials provided here
at any time, with or without notice to you. Surfinity will not be liable to you
or any third party as a result of such modification or discontinuation.
Surfinity reserves the right, in its sole discretion and at any time, to
terminate your access to the Web site and/or any of its services without
liability to you or any third-party. In addition, access to the Web site may be
monitored by Surfinity. Upon termination of these Terms, you will immediately
destroy any downloaded or printed Materials.
LINKS OTHER WEB SITES
This site may contain hyperlinks to web sites that are not operated by
Surfinity. These hyperlinks are provided for your reference and convenience
only, and do not imply any endorsement of the material on these third-party web
sites or any association with their operators. Surfinity does not control these
web sites and is not responsible for their contents. You access and use these
web sites solely at your own risk.
Except where expressly provided otherwise by Surfinity, all comments, feedback,
information or materials submitted to Surfinity through or in association with
this Web site ("Submissions") shall be considered non-confidential and
Surfinity's property. By providing such Submissions to Surfinity, you agree to
assign to Surfinity, at no charge, all worldwide rights, title and interest in
copyrights and other intellectual property rights to the Submissions. Surfinity
shall be free to use and/or disseminate such Submissions on an unrestricted
basis for any purpose. You acknowledge that you are responsible for the
Submissions that you provide, and that you, not Surfinity, have full
responsibility for the Submissions, including their legality, reliability,
appropriateness, originality and copyright.
THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE
FOR COMMERCIAL USE ONLY, AND SURFINITY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT
SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SURFINITY MAKES NO
REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED
ON THE WEB SITE OR ANY OTHER WEB SITE REFERENCED BY THIS WEB SITE.
LIMITATION OF LIABILITY
IF YOU ARE NOT SATISFIED WITH OUR WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE
YOUR USE OF THE WEB SITE. YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
SURFINITY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING,
MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS,
OR USE OR INABILITY TO USE THE WEB SITE. IN NO EVENT SHALL SURFINITY BE LIABLE
FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE
(INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR
OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, 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 THIS WEB SITE, EVEN IF
SURFINITY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU
HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR
EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM
AGAINST SURFINITY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS,
OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD
SURFINITY HARMLESS FROM, AND YOU COVENANT NOT TO SUE SURFINITY FOR, ANY CLAIMS
BASED ON OR RELATED TO THE USE OF THE WEB SITE. THE EFFECTIVENESS OF THESE
LIMITATIONS IS AN EXPRESS PRECONDITION TO YOUR USE OF THIS WEB SITE. SOME
COUNTRIES OR SOME POLITICAL SUBDIVISIONS OF CERTAIN COUNTRIES DO NOT ALLOW THE
LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE
INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF
SURFINITY AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT
OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00)
In exchange for accepting the benefits you receive by accessing this Web site,
you agree to defend, indemnify, and hold harmless Surfinity, its officers,
directors, employees, agents, and partners, from and against any claims,
actions, or demands, including without limitation reasonable legal and
accounting fees, made by any third party due to or resulting from your use of
the Web site, your violation of these Terms, or your violation of any laws,
regulations, or third-party rights.
Surfinity is concerned about your privacy and has developed a policy to address
Statement' at the bottom of each page of the Web site.
These Terms will be governed by and construed in accordance with the laws of
the State of New South Wales, Australia excluding that body of law governing
conflict of laws. Any legal action or proceeding relating to or arising out of
these Terms or your use of the Web site will be brought in a federal or state
court in Sydney, NSW, Australia and you submit to the venue and personal
jurisdiction of such court. If any provision of these Terms is held to be
invalid or unenforceable, such provision will be enforced to the greatest
extent possible and the remaining provisions will remain in full force and
effect. Headings are for reference purposes only and in no way define, limit,
construe, or describe the scope or extent of such section. Our failure to act
with respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. Except for other agreements or terms
appearing on the Web site, these Terms set forth the entire understanding and
agreement between us with respect to the subject matter hereof.
Any questions relating to this Web site or the terms and conditions may be
directed to email@example.com.