Terms and Conditions
Sunday, 11 October 2009 13:57

By using the AlphiMAX Point-To-Point software, accessing or using the service (together, the "Products" or "Services"), accessing or using any of the content available within the Products, you agree to be bound by the following:

(1) the AlphiMAX Inc. disclaimer of service(the "Disclaimer")

(2) As a condition of downloading, accessing, or using the Products, you also agree to the terms of the AlphiMAX Privacy Policy and

(3) the additional terms and conditions set forth below (the "Additional Terms"). Before you continue, you should read each of these three documents, as together they form a binding agreement between you and AlphiMAX regarding your use of the Products. Collectively, the Universal Terms, the Legal Notices, and the Additional Terms are referred to as the "Terms".

1. Use of the Products. AlphiMAX grants you a non-exclusive, non-transferable license to access its service, and to access the Content (as defined below) within the Products and according to the Terms.

2. Restrictions on Use. Unless you have received prior written authorization from AlphiMAX (or, as applicable, from the provider of particular Content), you must not:

(a) access or use the Products or any Content through any technology or means other than those provided in the Products, or through other explicitly authorized means AlphiMAX may designate;

(b) copy, translate, modify, or make derivative works of the Content or any part thereof;

(c) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or Content available to third parties;

(d) reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;

(e) use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;

(f) delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Products or the Content;

3. Appropriate Conduct; Compliance with Law and AlphiMAX Policies. You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines AlphiMAX may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not:

(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(b) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;

(c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;

(d) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
(e) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines;

(f) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;

(g) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;
(h) restrict or inhibit any other user from using and enjoying the Products or AlphiMAX services;
(i) interfere with or disrupt AlphiMAX services or servers or networks connected to AlphiMAX services, or disobey any requirements, procedures, policies or regulations of networks connected to AlphiMAX services;

(j) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the AlphiMAX services or Content, or collect information about users for any unauthorized purpose;

(k) submit content that falsely expresses or implies that such content is sponsored or endorsed by AlphiMAX;

(l) create user accounts by automated means or under false or fraudulent pretenses;

(m) promote or provide instructional information about illegal activities;

(n) promote physical harm or injury against any group or individual; or
(o) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

4. Content in the Products. AlphiMAX allow you to access and view a variety of content, including but not limited to Product information and abilities, map and terrain data, and other related information provided by AlphiMAX. You understand and agree to the following:

(a) Map data, and related Content are provided for planning purposes only. You may find that weather conditions, clutter information etc differ from the provided results. You should exercise judgment in your use of this Content.

(b) By using the Products, you do not receive any, and AlphiMAX and/or its licensors and users retain all ownership rights in the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by AlphiMAX or by the owner of that Content, in a separate agreement.

(c) Certain Content is provided under license from third partiesand is subject to copyright and other intellectual property rights owned by the respective third party. You may be held liable for any unauthorized copying or disclosure of this Content.


5. Additional Terms .

(a) Export Restrictions. Components of the Products may be subject to United States export controls. By using the product ,you agree to use the Products only for purposes that are legal, proper and in accordance with these Terms. Specifically, you agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control.


6. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.
ALPHIMAX AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE PRODUCTS.

ALPHIMAX DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT OR THE PRODUCTS.