Access to and use of this World Wide Web site of Sybase, Inc. ("the Sybase Web site") is provided subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Use of Materials on the Sybase Web site
The information, software, documentation, data, services, logos, trademarks, artwork, text, video, audio, pictures and other materials (collectively, "Materials") contained on the Sybase Web site are owned by Sybase, Inc. and/or its suppliers and are protected by copyright and trademark laws and international treaties. Any such Materials may also be the subject of other intellectual property rights of Sybase and/or its suppliers all of which rights are reserved by Sybase and its suppliers.
Nothing on the Sybase Web site shall be construed as conferring any license under Sybases's or its suppliers' intellectual property rights, whether by implication, estoppel or otherwise. Except as provided below, or as specifically permitted in other sections of the Sybase Web site, you may not reproduce, republish, post, transmit or distribute any Materials on the Sybase Web site.
You may print or download Materials from the Sybase Web site for your own informational, educational and other non-commercial purposes only, provided that you include all copyright and proprietary notices originally included with or contained in the Materials in all copies you create. You may not attempt to "pass-off" any of the Sybase Materials as your own. You may not post on any other Web site, display, or distribute the Materials on the Sybase Web site without the express prior written consent of Sybase. All Materials on the Sybase Web site are subject to change without notice.
Any computer software which may be downloaded or is otherwise available from the Sybase Web site is licensed subject to the terms of its associated license agreement only, unless expressly stated otherwise. Except as expressly permitted in the applicable license agreement, you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on the Sybase Web site without Sybase's express prior written consent. Sybase and its licensors retain title to any such software downloaded from the Sybase Web site and you are granted only a non-exclusive license to use such software in accordance with the applicable license agreement. Such software is warranted, if at all, only according to the terms of the license agreement. EXCEPT AS EXPRESSLY WARRANTED IN THE ASSOCIATED LICENSE AGREEMENT, SYBASE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Sybase, Inc. and its licensors reserve all other intellectual property rights in and relating to such software.
Third Party Materials on the Sybase Web site
The Sybase Web site may contain Materials, including software in executable or source code form, which is submitted by third parties for inclusion on the Sybase Web site ("Third Party Materials"). Please be advised that Sybase has not independently tested or evaluated such Third Party Materials and provides them on this Web site merely as a service to its users. ALL THIRD PARTY MATERIALS ON THE SYBASE WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYBASE DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DEMANDS, SUITS OR ACTIONS, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF THE USE OR ATTEMPTS TO USE SUCH THIRD PARTY MATERIALS.
Sites Linked From the Sybase Web site
The sites linked from the Sybase Web site are not under Sybase's control, and Sybase does not assume any responsibility or liability for any communications or materials available at such linked sites. Sybase does not intend links on the Sybase Web site to be referrals or endorsements of the linked entities, and are provided for convenience only.
Disclaimer of Warranty
Except as provided above or in any associated license agreement, the information, software, documentation, services, data, artwork, text, video, audio, pictures and other Materials made available at the Sybase Web site are provided "AS IS", without warranties of any kind. SYBASE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE MATERIALS, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Sybase shall have absolutely no liability in connection with any services provided including without limitation, any liability for damage to your computer hardware, data, information or business resulting from the Materials or any lack of information available on the Sybase Web site. Without limitation of the above, Sybase shall have no liability for:
- any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Materials;
- any errors, omissions, or inaccuracies in the Materials regardless of how caused, or delays or interruptions in delivery of the Materials; or
- any decision made or action taken or not taken in reliance upon the Materials furnished hereunder.
Sybase makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Materials or that the Materials may be relied upon for any reason. Sybase makes no warranty, representation or guaranty that the Materials will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, 'Sybase' shall include Sybase, Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of Materials.
Limitation of Liability
Under no circumstances shall Sybase be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Materials. NEITHER SYBASE NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Sybase shall include Sybase, Inc. and its divisions, subsidiaries, successors, parent companies, and their employees, partners principals, agents and representatives, and any third-party providers or sources of Materials.
Copyright © 2002-2010 Sybase, Inc. All Rights Reserved.
Sybase and the marks listed at http://www.sybase.com/detail?id=1011207 are trademarks of Sybase, Inc. ® indicates registration in the United States of America.
All other company and product names mentioned may be trademarks of the respective companies with which they are associated.