Legal notice, Copyright notice, and Terms of Use

The following is provided for informational purposes only and should not be construed as legal advice. If you need legal advice, contact a lawyer.

ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING WWW.HWCS.COM (THIS "WEB SITE"). YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS COPYRIGHT STATEMENT AND TERMS OF USE (COLLECTIVELY, "TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

H&W reserves the right to modify these Terms of Use without notice and any modifications are effective when they are posted here. H&W may, at any time, in its discretion terminate your access to this Web site. Access to the Web site may be monitored by H&W. If you are accessing this Web site as a representative of an organization, these Terms of Use bind both you individually and the organization and references to "you" and "your" and "user" shall be construed to apply to you individually and the organization.

While H&W maintains copyright protection on all patents, copyrights, mask works, trade secrets, and other proprietary rights, in or related to its products, it also maintains copyright protection on all materials, information, and publications it places on the World Wide Web. H&W consents and grants you normal downloading, copying, and distribution of the publications placed on the World Wide Web for noncommercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the publications H&W places on the World Wide Web will retain all copyright and other proprietary value. Any other use of publications H&W places on the World Wide Web, in whole or in part, or the information contained therein is expressly forbidden without the written consent of H&W. Any rights not expressly granted herein are reserved.

As a condition of your use of this Web site, you will not use the Web site or the publications placed on the World Wide Web for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Web site in any manner that could damage, disable, overload, or impair the operation of this Web site or third-party infrastructure.

Certain restricted product information is available on this Web site only to licensed customers of H&W who are registered to receive information via support site access that H&W issues. This restricted information is considered confidential and proprietary information of H&W. If you are a registered customer or a representative of a registered customer, H&W authorizes you to download, copy, distribute, and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by H&W. Issuance of support site access is conditioned on the customer's use of the information in accordance with the terms of its license, product, or service agreement with H&W. You shall not transfer your support site access to unauthorized parties. You will immediately notify H&W of any unauthorized use of your support site access. You are responsible for use of your support site access. You will not attempt to gain unauthorized access to any publications placed on the World Wide Web or area within this Web site.

Certain information available on this Web site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video messages, or other materials are the sole responsibility of the party that originated it and that H&W has no responsibility for such content and does not guarantee the accuracy, integrity, or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party, or a Web-link to another party's Web site an endorsement of such other party, its products, or its services.

See Trademark guidelines.

H&W makes no representations or promises to develop, provide, or market any software, owned or non-owned; service; or product discussed on this Web site. You shall not rely on the information provided for or the prospect of availability of any software, owned or non-owned; service; or product currently anticipated to be made in the future or currently in development.

Publications placed on the World Wide Web may refer to products, programs, or services that are not available in your country. Consult your local H&W representative for information about the products, programs, and services that may be available to you.

Any software that is available for download from this Web site is the copyrighted property of H&W and/or its suppliers. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Web site, if any, is governed by the terms of the agreement applicable to that product or service and shall be construed in accordance with the laws of the State of Idaho.

Neither H&W, nor any of its affiliates or suppliers, nor its or the affiliates' or suppliers' officers, directors, employees, agents, representatives, or subcontractors (collectively, the "H&W Group") shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes beyond the reasonable control of H&W. H&W shall have no responsibility to provide access to this Web site while the interruption of this Web site due to any such cause shall continue. H&W may discontinue providing access to this Web site at any time.

Disclaimer, Limitation of Liability, Indemnity

This Web site and all the information published on the H&W Web site is provided AS IS and is WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

IN NO EVENT WILL ANY MEMBER OF THE H&W GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE OR ANY SITE LINKED TO WWW.HWCS.COM. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF THE H&W GROUP SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEB SITE OR ANY WEB SITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LAW OR CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to release, defend, indemnify, and hold the H&W Group harmless from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Web site or any publications placed on the World Wide Web.

Export and trade controls

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Web site or any publications placed on the World Wide Web provided on or pursuant to this Web site except in full compliance with all United States, foreign, and other applicable laws and regulations.

Submissions

Any information, material, or idea you submit to this Web site by any means will be treated as nonconfidential and nonproprietary and may be used by H&W and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Web site will be used by H&W in accordance with its Privacy policy. You shall not post or otherwise transmit to or from this Web site by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability.

Restricted Rights legend

U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED – RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the U.S. government of any publications placed on the World Wide Web (all technical data is "Limited Rights Data") or any software (all of which is "Commercial Computer Software") downloaded from this Web site is subject to restrictions set forth in FAR Section 52.227-14 Alt. III(g)(3), FAR Section 52.227-19, DFARS 252.227-7014(b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is H&W Computer Systems, Inc., 6154 North Meeker Pl., Ste. 100, Boise, Idaho 83713, USA. Any contract notices should be sent to this address.

Severability

If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Use.

See H&W's Privacy statement relating to the collection and use of information through this Web site.

See the H&W Trademark acknowledgements and Trademark guidelines pages relating to the use of trademarks and trade names appearing on this Web site.

H&W Computer Systems, Inc. is an Equal Opportunity Employer.

Revised September 14, 2007. Send your questions regarding this Legal and Copyright Notice and Terms of Use to the contact listed below:

webtrack@hwcs.com

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IBM Business Partner IBM Destination z