bryn (dot) collaborator (at) juno (dot) com
or mail to:
4335 Van Nuys Blvd
Sherman Oaks CA
COLLABORATOR® COPYRIGHT NOTICE, PRIVACY AND OTHER POLICIES; LEGAL DISCLAIMERS; LICENSES; WARRANTIES WEBSITE DISCLAIMER
IN USING THIS WEB SITE, YOU AGREE THAT ITS INFORMATION AND SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND THAT YOU USE THIS SITE AT YOUR OWN RISK. THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER DIRECTLY TO COLLABORATOR.COM, BRYN DANE AND/OR BLAIR DANE FOR THE INFORMATION RECEIVED (IF ANY). COLLABORATOR.COM, BRYN DANE AND/OR BLAIR DANE ARE/IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE)PRODUCT LIABILITY, VIRUSES OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COLLABORATOR.COM, BRYN DANE AND/OR BLAIR DANE AND YOU. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION. By accessing any portion of the Collaborator.com web site, you agree not to redistribute any of the information found therein. The services provided through links on this site are independent of Collaborator.com and are for your convenience only. Collaborator.com, Bryn Dane and/or Blair Dane do not/does not endorse or recommend the services of any particular company or service, nor are/is Collaborator.com, Bryn Dane and/or Blair Dane responsible for any services or goods provided by such companies. Collaborator.com, Bryn Dane and/or Blair Dane shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the services or companies accessed through this web site. You further agree that Collaborator.com, Bryn Dane and/or Blair Dane and any parties involved in creating and delivering this site's contents have/has no liability for direct, indirect, incidental, punitive, or consequential damages with respect to the information, services, content, or advertisements contained on or otherwise accessed through this web site. COLLABORATOR.COM, BRYN DANE AND/OR BLAIR DANE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS.
Bryn Dane, Blair Dane and/or Collaborator.com ("the COMPANY, LICENSOR and/or authorized SUPPLIER") grants to the original purchaser of the Collaborator software package ("USER") a personal, nonexclusive and nontransferable right and license solely to use the Collaborator software package (the "PROGRAM"), subject to the terms, conditions and restrictions set forth in this agreement. PROGRAM may not be used at one location while it is being used at another. USER may use PROGRAM on a single computer owned or leased by USER. USER may not network PROGRAM or otherwise install or use PROGRAM on more than a single computer even if USER owns or leases more than one computer without written consent of Collaborator.com, Bryn Dane and/or Blair Dane. PROGRAM is "in use" when it is loaded into a computer's temporary memory (RAM) or copied into permanent memory (example, a hard drive, a CD-ROM drive, permanent or removeable storage device or drive, etc.) Your purchase grants you an nonexclusive and nontransferable right to use one copy of the software, in machine readable form, on a single computer under the precise conditions under which the software is initially installed and/or used. PROGRAM may not be freely moved from one computer, hard drive, etc. to another. You must purchase a separate license/unlock key/code for each use of the software that does not match the exact specifications under which the program is initially installed and/or used. You must purchase and dedicate a license for each separate computer, hard drive, etc. on which the software is run. A license for the software may not be shared or used concurrently on different computers.
COMPANY, LICENSOR and/or authorized SUPPLIER warrants that (a)Collaborator software (the SOFTWARE) will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. In the event applicable law imposes any implied warranties, the implied warranty period is limited to ninety (90) days from date of receipt. Some jurisdictions do not allow such limitations on duration of an implied warranty, so the above limitations may not apply to you.
COMPANY'S, LICENSOR'S and/or its authorized SUPPLIER'S entire liability and your exclusive remedy shall be at COMPANY'S, LICENSOR'S and/or authorized SUPPLIER'S option, either (a) return of the price paid for the software or latest unlock key/code, or (b) repair or replacement of the software or replacement of the unlock key/code that does not meet this Limited Warranty and which is returned to COMPANY, LICENSOR and/or authorized SUPPLIER with a copy of your receipt. This Limited Warranty is void if failure of the software has resulted from accident, abuse or misapplication. Any replacement software and/or unlock key/code will be warranted for the remainder of the original warranty period. COMPANY, LICENSOR and/or authorized SUPPLIER reserve(s) the right to make changes, additions and improvements to the PROGRAM or documentation at any time without notice to any person or organization; no guarantee is made that future versions of either will be compatible with any other version.
This Agreement and license is the entire agreement between Collaborator.com, Bryn Dane and/or Blair Dane and you and supersedes any other prior or contemporaneous understandings, promises, representations, descriptions, communications or advertising with respect to PROGRAM or any related services and accompanying documentation. This Agreement does not limit any rights that Collaborator.com, Bryn Dane and/or Blair Dane may have/has under trade secret, copyright, patent, or other laws.
If any provision of the Agreement or license is held invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions of the Agreement shall continue in full force and effect. NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, LICENSOR AND/OR ITS AUTHORIZED SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND ANY RELATED OR ACCOMPANYING WRITTEN MATERIALS. COLLABORATOR.COM, BRYN DANE AND/OR BLAIR DANE DO NOT/DOES NOT WARRANT THAT SOFTWARE IS FREE FROM BUGS, ERRORS, OR OTHER PROGRAM LIMITATIONS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
NO LIABILITY FOR DAMAGES
IN NO EVENT SHALL COMPANY, LICENSOR AND/OR ITS AUTHORIZED SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF COMPANY, LICENSOR AND/OR ITS AUTHORIZED SUPPLIERS HAVE/HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, COMPANY'S, LICENSOR'S AND/OR ITS AUTHORIZED SUPPLIER'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR LATEST UNLOCK KEY/CODE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
*Prices subject to change at any time without notice. All sales are final. There are no refunds, returns, exchanges, credits, etc. Offers may be withdrawn or modified at any time without prior notice. We no longer offer free trials or demos of Collaborator software. We reserve the right to limit or refuse sales/licenses; unlock codes; upgrades; technical support; service; etc. to anyone at any time without notice. Additional unlock codes and/or licenses may be purchased. Products and unlock keys are subject to availability. We reserve the right to substitute products of equal or greater value to anyone at any time without prior notice. All financial deposits/payments on products, materials, service, etc. will be held in trust for a maximum of ninety (90) days from date of payment after such time all deposits/payments will be forfeited by the customer. The customer is in acceptance of these terms and conditions and acknowledges that no legal recourse can be taken after this ninety (90) day period. Some features may not be available in all versions of Collaborator® software. Titles to and ownership of the software and the user manuals shall at all times remain with the copyright owner. No guarantee is made that any version of Collaborator® software will be compatible/compliant with any other version; computer system; printer; software; or Y2K; etc. All writer services sales are final and must be prepaid. We assume no liability or responsibility for any incompatibility, noncompliance, damages, loss of data, work, income, etc.
Payment funds must clear all financial institutions before products or services will be sent to customer. A minimum of eight weeks may be required for clearing of funds. Any additional freight/delivery/shipping charges, customs, brokerage or other fees incurred must be paid by customer before products or services will be sent to customer, or whenever these charges are incurred. Customer is also responsible for payment of all charges incurred if products or services are refused, returned, redirected or misdirected by customer and/or freight carrier/deliverer/shipper. Customer is solely responsible for filing any claims of damage or loss of products or services with freight carrier/deliverer/shipper, and releases collaborator from all liabilities (financial, legal or otherwise). Customer acknowledges that the software, products, services, unlock codes/keys, website images and text, trademarks, logos, etc. cannot be sold, transferred, distributed, copied, reverse engineered, manufactured, plagiarized, licensed, claimed as original or derivative works, etc. without express written permission from collaborator. Customer is responsible for any and all legal costs arising from disputes, arbitration, alleged illegal activity, etc. By purchasing and/or using the software or services you agree to and are bound by the terms and policies.
PERSONAL AND NON-COMMERCIAL USE LIMITATIONS
Unless otherwise specified, all Services herein are for personal and non-commercial use only. You may not copy, reproduce, modify, transform, distribute, transfer, display, perform, license, create derivative works from, publish or sell any software, information, products or services obtained from Collaborator.com.
LIMITATIONS SPECIFIC TO SOFTWARE AVAILABLE THROUGH COLLABORATOR.COM AND/OR ITS WEB SITES AND AUTHORIZED DISTRIBUTORS
Any software that is made available for purchase through Collaborator.com or from an authorized distributor ("Software") is the copyrighted work of Collaborator.com. 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 solely for use by end users according to the License Agreement. Any reproduction, redistribution or selling 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. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (e.g., press releases) from Collaborator.com is not granted unless prior written permission from Collaborator.com has been given and that (1) the Collaborator.com copyright notice appears in all copies and that both the copyright notice and Collaborator.com’s permission notice appear, (2) use of such Documents from the Collaborator.com is solely for informational and non-commercial or personal use only, (3) Documents shall not be copied or posted on any network computer or broadcast in any media, and (4) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the layout, logos, trademarks or the design of the Collaborator.com web site or any other Collaborator.com owned, licensed, operated or controlled web site. Elements of Collaborator.com web sites are protected by trademarks, registration and other laws and may not be copied or imitated in whole or in part. No logo, image, graphic, sound, etc from any Collaborator.com web site may be copied or retransmitted unless expressly permitted in writing by Collaborator.com.
USE OF SERVICES
You agree that you will not upload, or otherwise make available, any files that contain images, logos, software or any other material protected intellectual property laws, including, but not limited to: copyright or trademark laws unless you own or control the rights thereto or have received all necessary consent to do the same. You agree that you will not use any material or information, including logos, images, trademarks, etc which are made available through Collaborator.com in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
This policy specifies the data collected by us, the manner of collection and your rights with respect to your personal data.
We will not provide your personal information to anyone without your authorization.
We do collect your personal information (name, address, email, phone number, et al) submitted through emails, purchases, demo requests, support requests, etc of Collaborator software and/or Services.
We may share and/or keep an email message within our organization in order to address the issue contained in the message. We may archive the message for a certain period or discard it, as appropriate or as required by applicable data retention laws.
We do not “sell” our customer’s personal information to anyone. We also do not rent, disclose, release, transfer, trade, barter or make available or otherwise communicate said personal information to a third party for monetary or other valuable consideration.
Collaborator.com, Bryn Dane and Blair Dane reserve the right to make periodic changes, enhancements, revisions and alterations of any kind to the software and/or user manual(s) without prior notice to any person, institution or organization.
Collaborator.com, Bryn Dane and Blair Dane are not Collaborator Systems,Inc. (CSI); SmartDesk, Inc. (SDI); Advanced Desktop Research, Inc. (ADR)or Sirius Publishing, Inc. (SPI): and are not obligated in any way whatsoever to fulfill or honor any of the aforementioned companies' (CSI; SDI; ADR; SPI) financial, legal, et al obligations.
Trademarks, logos, other brands or product names are trademarks or service marks of their respective owners, should be treated as such, and may be registered in various jurisdictions.
4335 VAN NUYS BLVD
SUITE # 205
SHERMAN OAKS CA 91403-3727 USA
E-MAIL: bryn (dot) collaborator (at) juno (dot) com
©1997-1999 Bryn Dane. All rights reserved.
Last updated: August 16, 1999
FastCounter by bCentral