Update of /cvsroot/fink/web
In directory sc8-pr-cvs5.sourceforge.net:/tmp/cvs-serv12402/web
Modified Files:
legal.php
Log Message:
Big Updated after a very long talk with my ex lawyer friends. Steven was nice
enough to review the whole agreement and adjust it. Now all that is left is to
add the actual data from the FDN incorporation which I will do later tonight.
Thanks guys!
Index: legal.php
===================================================================
RCS file: /cvsroot/fink/web/legal.php,v
retrieving revision 1.19
retrieving revision 1.20
diff -u -d -r1.19 -r1.20
--- legal.php 3 Jan 2006 19:28:03 -0000 1.19
+++ legal.php 18 Jul 2006 13:45:33 -0000 1.20
@@ -1,3 +1,6 @@
+
+<meta http-equiv="content-type" content="text/html;charset=utf-8">
+
<?
$title = "Legal Stuff";
$cvs_author = '$Author$';
@@ -27,6 +30,28 @@
claim and expense (including attorneys reasonable fees) related to your use of
this site or violation of this agreement.</p>
+<h2 class="legalhead">Limited Representations and Warranties</h2>
+<p class="legal">
+(a) The Site acts as an exchange of Content between those who provide Content
to the Site and
+those who wish to use such Content. The <b>Fink Project</b> grants no rights
and makes no warranties
+regarding the use of names, people, trademarks, trade dress, patented or
copyrighted designs or
+works of art or architecture or other forms of intellectual property
represented in any Content.
+</p>
+<p class="legal">(b) THE CONTENT IS PROVIDED âAS ISâ WITHOUT
REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. <b>THE FINK
PROJECT</b> DOES NOT
+REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS
USE WILL BE UNINTERRUPTED
+OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
CONTENT IS WITH YOU.
+SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT <b>THE FINK PROJECT</b>)
ASSUME THE ENTIRE RISK AND COST
+OF ALL NECESSARY CORRECTIONS. IN PARTICULAR AND WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING,
+IF YOU ARE DOWNLOADING CONTENT THAT IS IN A BINARY FORMAT OR FILE (WHETHER
.DEB OR OTHERWISE)
+<b>THE FINK PROJECT</b> MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH
CONTENT WHATSOEVER,
+WHETHER AS TO OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE.
+</p>
+<p class="legal">
+(c) Certain jurisdictions do not allow the exclusion of implied warranties, so
the above
+exclusion may not apply to you. You have specific rights under this warranty,
but you may have
+others, which vary from jurisdiction to jurisdiction.
+</p>
+
<h2 class="legalhead">Proprietary Rights</h2>
<p class="legal">You should assume that all materials, information, data,
text, or
@@ -47,7 +72,32 @@
of the <b>Fink Project</b>. Any unauthorised use of the Trademarks may violate
such laws. The <b>Fink Project</b> and/or any third party that owns the
Trademarks shall be entitled to enforce their ownership rights in such
Trademarks to the fullest extent of the law. All trademarks not held by the
<b>Fink Project</b> are property of the respective owner. Furthermore, the
<b>Fink Project</b> shall not be responsible for, and you hereby agree to
indemnify the <b>Fink Project</b> for, any liability associated with the
infringement of the trademark laws related to your use of Trademarks displayed
on this site.
</p>
+<h2 class="legalhead">General Provisions</h2>
+<p class="legal">
+(a) You specifically agree and acknowledge that you have, in addition to the
terms of this Agreement any
+ other agreements which may be incorporated by reference therein, and to the
extent of their
+ incorporation in this Agreement you agree to be bound by them.
+</p>
+<p class="legal">
+(b) <b>The Fink Project's</b> failure to insist upon or enforce strict
performance of any provision of
+ this Agreement shall not be construed as a waiver of any provision or right.
+</p>
+<p class="legal">
+(c) This Agreement is personal to you and is not assignable by you without
<b>The Fink Project's</b> prior
+ written consent. <b>The Fink Project</b> may assign this Agreement without
your consent to any other party so long
+ as such party agrees to be bound by its terms.
+</p>
+<p class="legalhead">
+(d) If all or part of any provision of this Agreement is wholly or partially
unenforceable, the parties or, in the event
+the parties are unable to agree, a court of competent jurisdiction, shall put
in place of such whole or part provision an
+enforceable provision or provisions, that as nearly as possible reflects the
terms of the unenforceable whole or part
+provision.
+</p>
+<h2 class="legalhead">Contact</h2>
+<p class="legalhead">
+If you have concerns relating to this Agreement, please contact <b>The Fink
Project</b> at [EMAIL PROTECTED]
+</p>
<h2 class="legalhead">Changes to the Site</h2>
<p class="legal">The <b>Fink Project</b> may make improvements or changes in
the information, services, products, and other materials on this site, or
terminate this site, at any time without notice. The <b>Fink Project</b> may
modify this agreement at any time, and such modifications shall be effective
immediately upon posting of the modified agreement. Accordingly, you
@@ -58,6 +108,20 @@
<h2 class="legalhead">Intellectual Property</h2>
<p class="legal">All contents remains the intellectual property of the <b>Fink
Project</b> and cannot be duplicated or copied in its raw form to any other
party,<br>
+
+<h2 class="legalhead">Acknowledgement</h2>
+<p class="legal">
+YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN
OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE
+PRIOR TO AGREEING TO IT. IN CONSIDERATION OF <b>THE FINK PROJECT</b> AGREEING
TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND
+BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS
THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
+AGREEMENT BETWEEN YOU AND <b>THE FINK PROJECT</b>, WHICH SUPERSEDES ANY
PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,
+AND ANY OTHER COMMUNICATION BETWEEN YOU AND <b>THE FINK PROJECT</b> RELATING
TO THE SUBJECT OF THIS AGREEMENT.</p>
+
+
+
+
+
+
<br /><br />
This site is neither approved nor endorsed by Apple Computer, Inc.
</p>
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