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 PerfTestPlus, Inc.

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Terms of Use

In this document, "us" and "we" refer to PerfTestPlus, Inc., its employees, associates and partners. "You" refers to a user of any services provided in connection with our web site, www.perftestplus.com.

ACCEPTANCE OF TERMS

By using www.perftestplus.com, you agree to be bound by these terms and conditions.

We reserve the right, at our discretion, to change, modify, add or remove portions of these terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website. The current version of these Terms of use shall be at www.perftestplus.com/terms.htm.

CONTENT

All artifacts, information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or corporation from which such Content originated. This means that the user, and not PerfTestPlus, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via perftestplus.com. No user shall transmit Content or otherwise conduct or participate in any activities on perftestplus.com which, in our judgment, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.

NO UNLAWFUL OR PROHIBITED USE

By using perftestplus.com, you warrant to us that you will not use this website, or any of the content obtained from this website, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use perftestplus.com and any material obtained from perftestplus.com automatically terminates.

LIMITATIONS ON THE REDISTRIBUTION OF CONTENT

Your right to publish or distribute materials from this website is based on a license agreement. Each piece of content comes with its own license. Most content is provided under our standard license. However terms that come with a particular piece of content will override our standard terms. To read our standard license click here. As a brief summary, under the standard license, you may execute, copy, modify and distribute both the binary and source code for academic research and for commercial uses, including use in face-to-face teaching of courses. However, you must attribute the work properly to its author. And if you alter, transform, or build upon this work, you may distribute the resulting work only under a license identical to this one.

HYPERLINKS

Documents at this website may provide links to other websites. We exercise no control whatsoever over such other websites and web-based resources and are not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. The Center shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

COPYRIGHTS

PerfTestPlus respects the intellectual property rights of others, and requires that the people who use perftestplus.com do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, please notify us by providing us with the following information in writing:

  • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

  • Identification of the copyrighted work that you claim has been infringed;

  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

  • Your name, address, telephone number, and email address.

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

CHOICE OF LAW AND FORUM

This contract shall be governed under the laws of the state of Florida and the laws of the United States. Actions arising out of or in connection with this contract shall be brought in a court of competent jurisdiction in the county of Brevard in the state of Florida.

VIOLATIONS OF TERMS

Please report any violations of the Terms of use to PerfTestPlus at webmaster@perftestplus.com

DATE OF LAST REVISION: 03/18/2006


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