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TERMS OF SITE

ATTENTION: Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.

SirsiDynix takes the privacy of our customers very seriously and want you to feel comfortable whenever you visit our websites, access our online services, or participate in our online offerings. For more information please visit SirsiDynix's Privacy Policy.

Any software that is available from SirsiDynix ("Software") is the copyrighted work of SirsiDynix and/or its licensors. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("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. Violators will be prosecuted to the maximum extent possible.

User Submissions

Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary communications. SirsiDynix will have no obligations with respect to the communications. SirsiDynix and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Use of Services and Materials

Software

COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED EXCEPT TO ANY EXTENT ALLOWED BY A RELEVANT LICENSE AGREEMENT.

Software users agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from SirsiDynix.

Software users agree to use the Software, Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries).

Ownership

The Software and any other Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights. Except as expressly provided in the license agreement terms, SirsiDynix and its suppliers do not grant any further express or implied rights to use the Software.

The trademarks, logos and service marks displayed on this Site and in the Software are the property of SirsiDynix or third parties. You are not permitted to use the Marks without the prior consent of SirsiDynix or the third party that may own the Marks.

Use of Software

You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between these Terms and the license agreement provided with such Software, the license agreement shall take precedence in relation to that Software.

Documents

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this server ("Server") must be obtained first by sending a request to SirsiDynix. Violators will be prosecuted to the maximum extent possible.

Legal Disclaimers

The information on this service is provided "as is" with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. SirsiDynix makes no warranties or representations regarding the accuracy or completeness of the information. Any information about competitive products is not to be used or distributed where prohibited by law.

Restricted Rights Legend

Any Software downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. 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.

SirsiDynix and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. SirsiDynix and its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall SirsiDynix 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 this server.

The documents and related graphics published on this server may include technical inaccuracies or typographical errors. Changes are periodically made to the information herein. SirsiDynix and/or its respective suppliers may make improvements and changes in the product(s) or the program(s) described herein at any time. In no event shall SirsiDynix 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 software, documents, provision of or failure to provide services, or information available from this server.

Links to Third Party Sites

Some of the links available on this site will let you leave SirsiDynix 's site. The linked sites are not under the control of SirsiDynix and SirsiDynix is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. SirsiDynix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SirsiDynix of the site.

International Users

The Software and Services are controlled, operated and administered by SirsiDynix from its offices in the United States of America. SirsiDynix makes no representation that the Software, Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Software and Services from jurisdictions where the Software, Services or Materials are illegal is prohibited. SirsiDynix reserves the right to block access to the Software, Services or Materials by certain international users. If you access the Services from a location outside the United States, you are responsible for compliance with all local Laws.

Limitation of Liability

In no event shall SirsiDynix, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if SirsiDynix has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the site, services or materials. Nothing in the terms shall limit or exclude SirsiDynix’s liability for gross negligence or intentional misconduct of SirsiDynix or its employees, or for death or personal injury.

SirsiDynix’s aggregate liability and that of its affiliates and suppliers under or in connection with this agreement shall be limited to One Thousand United States Dollars ($1,000) or the aggregate amount paid by you for access to the service, whichever is larger. This limitation will apply even if SirsiDynix has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law in your jurisdiction. Some jurisdictions prohibit the exclusion or limitation of liability for incidental, consequential or punitive damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

Notification of Copyright Infringement

SirsiDynix respects the Intellectual Property Rights of others and expects its users to do the same. SirsiDynix will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification.

Export Control Laws

You acknowledge and agree that products, services or technology provided by SirsiDynix are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer SirsiDynix products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Resolution of Disputes

All matters relating to your access to, or use of, the Services or Materials shall be governed by the Laws of the State of California, United States of America without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against SirsiDynix must be resolved by a court located in Utah County, Utah, United States of America except as otherwise agreed by the parties, or as set forth in section (b) below. You agree to submit to the personal jurisdiction of the courts located in Utah County, Utah, United States of America for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
b.For any claim (excluding claims for injunctive or other equitable relief) for less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online, and/or be based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c.All claims you bring against SirsiDynix must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, SirsiDynix may recover attorneys’ fees and costs up to U.S. $1,000, provided that SirsiDynix has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
d.Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or Materials in violation of the Terms you agree that SirsiDynix shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

The names of companies, products, people, characters and/or data mentioned herein are fictitious and are in no way intended to represent any real individual, company, product or event, unless otherwise noted or apparent from the context.

Any rights not expressly granted herein are reserved.

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