Terms and Conditions of Use of the CodeFutures Web Site
Welcome to CodeFutures’ Web site (referred to as "CodeFutures", "we", "us", and the Site). By accessing this Site, you agree to be bound by the terms and conditions below (the " Terms and Conditions of Use of the CodeFutures Web Site"). If you do not agree to all of the Terms and Conditions of Use of the CodeFutures Web Site, please do not use the Site. CodeFutures may from time to time modify or revise the Terms by updating this Web page. Your use of Codefutures’ Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.
Trademarks:
CodeFutures™, FireStorm/DAO™, FireStorm/SDO™, dbShards™ are trademarkes of CodeFutures Corporation.
Rogue Wave is a registered mark of Rogue Wave, Inc.
Sun, Solaris, iPlanet, Java, Enterprise JavaBeans, EJB, J2EE, and all Java-based trademarks or logos are trademarks of Sun Microsystems, Inc. in the United States , other countries, or both.
UNIX is a registered trademark of the Open Group in the United States and other countries.
Microsoft, Windows, Windows NT, the Windows logo, IIS, and FrontPage are trademarks or registered trademarks of Microsoft Corporation in the United States , other countries, or both.
BEA, WebLogic, and BEA WebLogic Server and WebLogic Enterprise are trademarks or registered trademarks of BEA Systems, Inc.
IBM and IBM WebSphere are trademarks or registered trademarks of International Business Machines Corporation in the United States , other countries, or both. CORBA is a trademark of the Object Management Group (OMG).
Other company, product, and service names mentioned in this document may be trademarks or service marks of others.
Description of Services
Description of Services: Through its network of Web properties, CodeFutures provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the terms of use.
Ownership claims: This Web site is owned and operated by CodeFutures. All Materials herein are protected under UK and international copyright laws and are the property of CodeFutures or its third party licensors. All rights reserved.
Images claims: All logos, splash screens, page headers, images and graphics displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of CodeFutures or its third party licensors or its partners. Except as expressly permitted herein, using, copying, transmitting, displaying, modifying or distributing any Marks in any form or by any means without the express written permission of CodeFutures is prohibited and may violate the copyright, trademark, privacy or other laws of the UK and/or other countries.
Linking Policy
Linking policy: CodeFutures encourages users to establish hypertext links to the site. You do not have to ask permission to link directly to pages hosted on the CodeFutures Web site. CodeFutures does not object to you linking directly to CodeFutures’ information. However, CodeFutures do not permit the use of its logos as promotional or hypertext objects without prior permission (this is usually a formality).
Software Downloads
Software download claims: Any software that is made available to download from the Services ("Software") is the copyrighted work of CodeFutures and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install 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 download solely for use by end users according to the CodeFutures License Agreement. Any reproduction or redistribution of the Software not in accordance with the CodeFutures License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators of the CodeFutures License Agreement will be prosecuted to the maximum extent possible.
You may not download any Software from this Site until you have read, and agreed to the terms and conditions of the license provided with the Software. Without limiting the generality of the terms contained in any such license, you agree that you will not: (a) modify the Software (b) decompile, reverse engineer, or disassemble the Software, (c) remove any copyright or other proprietary rights notices from the Software; or (d) use the Software for any commercial purpose, or any public display, performance, sale or rental, except as expressly permitted by CodeFutures in writing. CodeFutures retains all right, title and interest in and to the Software, including all intellectual property rights therein. You download Software at your own risk and assume complete and exclusive responsibility for any and all losses, damages and liabilities that may result from the use of Software downloaded from the Site.
Feedback requests: CodeFutures welcomes your comments, remarks, feedback, suggestions, ideas and other submissions you disclose or transmit to us (collectively, "Comments"). You grant CodeFutures and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform and publicly display (in whole or in part) your Comments, your name and any related copyrights, moral rights or other intellectual property rights.
Discussion Forums
Discussion forums: CodeFutures may provide access to certain discussion groups through this Site as a service to you. Discussion groups, by their nature, may contain offensive, harmful, deceptive, misleading, inaccurate or otherwise inappropriate material, and you acknowledge and agree that CodeFutures shall not have any responsibility for the content of any discussion group, or materials or articles contained therein, that may be accessed on or through this Site. You understand that CodeFutures acts as a passive conduit for, and does not control, or attempt to control, any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you, or any other user of the Site, uploads, posts or transmits to or through the Site (the "User Content"). CodeFutures may, but is not obligated to, monitor or review the User Content and retains the right to delete any User Content at any time. You acknowledge and agree that you are solely responsible for any User Content that you upload, post or transmit to or through the Site, including, but not limited to, its legality, reliability, accuracy, integrity, appropriateness and originality. In no event shall CodeFutures have any liability related to the User Content, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You represent and warrant to CodeFutures that you will not upload, post or otherwise transmit any User Content to or through the Site that infringes, misappropriates or otherwise violates any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person; or that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or CodeFutures rule or policy.
You grant CodeFutures and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display the User Content you upload, post or transmit to the Site (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also grant each user of this Site the right to access, display, view, and reproduce such User Content for personal use. You represent and warrant to CodeFutures that you have the right to grant the licenses stated above.
You acknowledge and agree that you may not upload, post, reproduce, or distribute any User Content on or through this Site that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.
Broken Links
Broken links: This Site may contain links to other Web sites ("Linked Sites") as a convenience to you. CodeFutures does not operate or control any information, products or services on the Linked Sites, and neither endorses or approves any products, services or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.
Privacy
Privacy: CodeFutures’ Privacy Policy is located here.
Legal Indemnity: You agree to defend, indemnify and hold CodeFutures, its affiliates and their officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including attorneys' fees, arising from or related to your (a) User Content, (b) use of the Site, or (c) violation of any of these Terms.
Educational use of documents available on the CodeFutures Web site: Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission.
CodeFutures 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. CodeFutures 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 CodeFutures 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.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information provided here. CodeFutures and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
Warranties
Warranty disclaimer: the site and all elements thereof are provided "as is" and "as available," without representations or warranties of any kind. CodeFutures expressly disclaims all such representations and warranties, either exress or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and noninfringement. CodeFutures does not warrant (a) that this site or its contents will be complete, uninterrupted, secure or error free, (b) that the site will meet your requirements, (c) the quality of any products, services, information, or other material purchased or obtained by you through the site or (d) that the site or the server that makes it available are free of viruses or other harmful components. all information accessed on or through this site is subject to change without notice.
Limited liability: in no event shall CodeFutures, its licensors, or anyone else who helped create, produce or deliver this site, be liable for any direct, indirect, consequential, special or incidental damages (including, without limitation, lost profits or lost data) arising out of or related to the use of or inability to use this site, whether in an action under contract, tort or any other legal theory, even if CodeFutures has been advised of the possibility of such damages.
This site is administered by CodeFutures from its home offices in London, UK. Access, downloading or use of such Software and Materials in territories where such Software or Materials are illegal is prohibited. You agree to comply with all laws, rules and regulations applicable to your downloading or use of the Software and Materials available on or through this Site, including, but not limited to, all UK export control laws, rules and regulations..
US Government Rights
US GOVERNMENT RESTRICTED RIGHTS: The software which may be downloaded, acquired or accessed from this Site is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7201-1 through 227.7201-4 (JUNE 1995), the software is provided to U.S. Government end users with only those rights as are granted to all other end users pursuant to the terms and conditions set forth in CodeFutures's standard end user license agreement accompanying the software. Further, to the extent that any "technical data," as that term is used in 48 C.F.R. 12.211, is provided in connection with any Materials or software downloaded, acquired or accessed through the Site, the government shall acquire only the technical data and the rights in that data customarily provided to the public with a commercial item or process. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (C)(1)(ii) and FAR 52.227-19.
Site closure: You agree that CodeFutures, in its sole discretion, may suspend or terminate its operation of the Site or your use of the Site (or any portions thereof), and may remove and discard any User Content, Software or Materials within the Site, for any reason. In the event you fail to comply with the Terms , your right to use the Site will automatically terminate. Upon any termination of the Site, or your use of the Site, you agree to immediately and completely destroy all copies of any Software of Materials downloaded form the Site. You agree that CodeFutures shall not be liable to you or any third-party for any termination of the Site, your access to the Site or any removal of any User Content from the Site.
Unlawful or prohibited use of CodeFutures products and services: As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any CodeFutures server, or the network(s) connected to any CodeFutures server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any CodeFutures server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
These Terms constitute the entire agreement between you and CodeFutures and supercede and replace any prior agreements, whether written or oral, between you and CodeFutures related to the subject matter herein. The failure of CodeFutures to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and all other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to use of the Site or otherwise arising out of or related to these Terms within one (1) year after such claim or cause of action arose.
Unsolicited idea submission policy: CodeFutures or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. The objective of this policy is to avoid potential misunderstandings or disputes when CodeFutures's products or marketing strategies might seem similar to ideas submitted to CodeFutures. so, do not send your unsolicited ideas to CodeFutures or anyone at CodeFutures. If, despite CodeFutues’ request that you not send us your ideas and materials, you still send them, please understand that CodeFutures makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Copyright
Copyright Statement: This site and the contents of this site, including but not limited to, text, photographs, graphics, illustrations, video, sound, software and other material (all such contents collectively referred to as "Content") are protected under UK and international copyright laws and are the property of CodeFutures Software. or its third party licensors. All rights reserved. Except as expressly permitted herein, copying, distributing, transmitting, displaying, modifying, or otherwise using any Content in any form or by any means without the express written permission of CodeFutures is prohibited and may violate the copyright laws of the United States and/or other countries. You may view, copy, print, and distribute this Web site subject to the following conditions: . (a) the site may be used for informational purposes only; (b) the site may only be used for non-commercial, non-profit purposes and (c) any copy of this Web site, or portion thereof, must include the following copyright notice: Copyright 2008, CodeFutures Corporation. All rights reserved.
Note that CodeFutures retains all right, title and interest in and to all software, products, processes and technologies described or made available on this Web site, and all intellectual property Rights related thereto, and nothing shall be deemed to grant you any ownership or other rights therein.
UK Data Protection Act 1998
UK Data Protection Act 1998: The Data Protection Act 1998 establishes rights for individuals who disclose their personal information - where personal information is widely defined - to any organisation for any purposes involving processing of that information. Any organisation which processes information about living individuals is a data controller for the purposes of the Act; that is a person who determines the purposes for which and the manner in which any personal data are, or are to be, processed. A data controller is required by the Act to ensure that the data subject has, is provided with, or has made readily available to him certain specified information, including the data controller's identity, the identity of any other person to whom he may disclose the information, and the purpose or purposes for which the data are intended to be processed.
The data controller in relation to this web site is the CodeFutures. The purposes for which the data are intended to be processed are as follows:
Comments, questions and feedback: If you send an enquiry by e-mail to either a specific contact or a general enquiry address identified on the CodeFutures web site, CodeFutures will only use your personal details obtained from your enquiry to respond to your query or improve the site. In some instances, it may not be possible for the CodeFutures to provide the information requested directly.
E-mail alert services sign up: If you sign up to receive e-mail alerts, such as CodeFutures’ press notice alert system, we will use the information you give us to provide the service(s) you have requested. We may occasionally contact e-mail alert subscribers to help us evaluate and improve the service that we offer. We will hold the information you have provided for as long as you require access to the service requested. If you inform us that you wish to cancel a subscription, we will remove you from CodeFutures’ mailing list and your details will be deleted from CodeFutures’ records.
Site usage information: Log files allow us to record visitors' use of the site. CodeFutures puts together log file information from all CodeFutures’ Site visitors, which we use solely to make improvements to the layout of the site and to the information on it, based on the way that visitors navigate around it. Log files are records of the visits made to the site from e-mail addresses and thus effectively contain personal information about you, areas in which you have expressed an interest, and so on. We do not make any other use of this personal information, nor do we pass it on to any other organisation.
Your Rights as a Data Subject: As a data subject, you have various rights under the Act, including a right of access to any personal data being held about you by CodeFutures as data controller. CodeFutures will supply you with details of personal data we are holding about you if you submit a request ("subject access request") to the support@CodeFutures.com e-mail account.
Copyright © 2003-2008 CodeFutures Corporation, including this documentation, all Demonstrations, and all software. All rights reserved. The document is not intended for Production and is furnished as is without warranty of any kind. All warranties on this Document are hereby disclaimed including the warranties of merchantability and fitness for a particular purpose.