Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

The materials on this Web site (the "Site") are provided by Abaca Technology Corporation ("Abaca") as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By accessing or using this Site, including without limitation, browsing the Site or downloading any materials from this Site, you agree to and are bound by these terms (the “Terms”). If you do not agree to the Terms, do not use the Site or download any materials from it. Abaca reserves the right, at its sole discretion, to change, modify, add to, or remove portions of these Terms and any guidelines or rules posted on the Site at any time without notice. Please check these Terms periodically for changes. Your continued use of this Site following the posting of changes to these Terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

All materials, information and content (collectively "Materials") contained on this Site are protected by copyright, patent, trademark and/or other intellectual property rights, and any unauthorized use of any Materials may violate such laws and these Terms. You may not use, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on this Site without the prior written permission of Abaca or the applicable owner.

Except as otherwise indicated on this Site, you may view, download and print the Materials solely for your informational, personal, non-commercial purposes. Materials may not otherwise be copied, modified, framed, reproduced, republished, uploaded, posted, transmitted, or distributed in any way and You may not: (a) modify, assign, auction, lease, license or sublicense the Materials or use them for any commercial purpose, or any public display, performance, sale, loan or rental; (b) create any derivative works based upon the Site or the Materials; (c) remove any copyright or other proprietary notices from the Materials; (d) use the Materials in a manner that misrepresents Abaca’s relationship with you; (e) download quantities of Materials to a database that can be used to avoid future downloads from this Site; or (f) transfer the Materials to another person. Any software and accompanying documentation that is made available for download from this Site is subject to copyright and/or patent of Abaca and/or its suppliers. The download and use of such software is governed by the license agreement included in or accompanying such software. If you do not agree with such license agreement you are not authorized to download or use the software. If a license agreement does not accompany or is not included in such software these Terms shall apply. You agree not to reverse compile, decompile, reverse engineer or attempt to ascertain the source code of any such software or create any derivative works based upon such software. The use of any Materials on any other Web site or computer environment or any data mining, robots or similar extraction or data gathering methods in connection with this Site is prohibited. Any rights not expressly granted herein are reserved by Abaca.
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Except as expressly provided herein, Abaca and its licensors and suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by Abaca in writing or incorporated elsewhere in the Materials.

SUBMISSIONS

Abaca is pleased to hear from its users and welcomes your comments regarding Abaca products and services. Unfortunately, however, Abaca policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that Abaca has specifically requested. Please do not send Abaca any unsolicited original creative materials. While Abaca does value your feedback on our services and products, Abaca requests that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by Abaca).

If, at Abaca's request, you send certain specific submissions or, despite our request, you send to Abaca creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, Abaca property. None of the Submissions shall be subject to any obligation of confidence on Abaca's part and Abaca shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Abaca shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

You agree not to disrupt, or otherwise attempt to cause harm to, or interfere with the security of, this Site, the Materials, or any servers, accounts, software, system resources, passwords or networks utilized by, or connected or accessible through this Site or any linked or affiliated Sites.

CONTENT LINKED TO THIS SITE

You should be aware that when you are on this Site, you could be directed to other sites that are beyond Abaca's control. There are links to other sites from Site pages. For example, links from partners that may use Abaca's logo as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this Site may send cookies to users that Abaca does not control.

Abaca reserves the right to disable links from third party sites to this Site.

You understand and agree that Abaca makes no warranties or representations with respect to, and does not control, endorse or assume responsibility for, (i) the accuracy, relevancy, copyright compliance, legality or decency of any material contained in, or content, services or products offered by, sites linked to this Site, or any link contained in a linked site, or (ii) or content, services or products offered by third parties. Abaca reserves the right to terminate any link or linking program at any time, but is under no obligation to do so. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and discretion.

DISCLAIMERS

EXCEPT AS OTHEWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN ABACA AND YOU, THE MATERIALS, THIS SITE AND ANY SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ABACA DOES NOT WARRANT OR REPRESENT (i) THAT THIS SITE, ANY SERVICES, THE MATERIALS OR ANY SOFTWARE MADE AVAILABLE FOR DOWNLOAD FROM THIS SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, THAT DEFECTS THEREIN WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THAT THE RESULTS OBTAINED THROUGH USE OF THIS SITE, ANY SERVICES, THE MATERIALS OR ANY SOFTWARE MADE AVAILABLE FOR DOWNLOAD FROM THIS SITE WILL BE CORRECT, ACCURATE, EFFECTIVE OR RELIABLE; OR (iii) THAT THE QUALITY OF ANY PRODUCTS, ANY SERVICES, THE MATERIALS OR SOFTWARE MADE AVAILABLE TO YOU OR PURCHASED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Abaca and its suppliers do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. THIS SITE MAY CONTAIN TECHNICAL AND OTHER INACCURACIES. ABACA MAY MAKE CHANGES TO THE MATERIALS, INCLUDING PRODUCT PRICING AND DESCRIPTIONS DESCRIBED THEREIN AT ANY TIME WITHOUT NOTICE. HOWEVER, ABACA MAKES NO COMMITMENT TO UPDATE THE MATERIALS.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPY TO YOU. IN SUCH EVENT, THE DURATION OF ANY REQUIRED IMPLIED WARRANTIES IS LIMITED TO THE LIMITED TO NINETY (90) DAYS OR, IF LONGER, SUCH LONGER PERIOD AS MAY BE REQUIRED BY LAW.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ABACA , ITS AFFILIATES, SUBSIDIARIES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, DAMAGES RESULTING FROM LOSS OF USE, PROFITS OR DATA, DELAYS OR BUSINESS INTERRUPTIONS) AND UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THIS SITE, MATERIALS OR ANY SERVICES, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED THERETO, EVEN IF ABACA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to hold Abaca and its subsidiaries, affiliates, officers, directors, agents and employees harmless from and against any claim or demand, including reasonable attorneys' fees related thereto, made by any third party due to or arising out of your use of this Site, and/or Materials, content you submit, post to, or transmit through this Site (including, without limitation, computer viruses), your violation of the rights of any third party or your breach of these Terms.

EXPORT CONTROL LAWS; US. GOVERNMENT RESTRICTED RIGHTS

The export and re-export of Abaca software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported, to Cuba, Libya, North Korea, Iran, Iraq, Sudan and Syria or to any country to which the United States embargoes goods. In addition, Abaca software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading any Abaca software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
All Abaca products and publications are commercial in nature. The software, publications and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, and other relevant sections of the Code of Federal Regulations, as applicable, Abaca’s publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users only as Commercial Items with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation, and the terms and conditions herein.

USE OF PERSONALLY IDENTIFIABLE INFORMATION

Information submitted to Abaca through forms on this Site is governed according to Abaca's Privacy Policy.

GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Abaca from its offices within the state of California, United States of America. Abaca makes no representation that Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, and controlling U.S. federal law. You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California for the purposes of litigating any action at law or in equity with respect to such matters and/or arising out of or relating to these Terms.

GENERAL

Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages on this Site. If any provision of these Terms shall be found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Abaca reserves the right to seek all remedies available by law or in equity for any violation of these Terms. These Terms and other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Abaca and you with respect to your relating to the subject matter hereof, including without limitation, access to, and use of this Site, and shall not be modified except by Abaca through the posting of changes as set forth herein, or in writing, signed by both parties. Any failure by Abaca to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The headings used in these Terms are for convenience only and are not to be construed to have legal significance.

TERMINATION

If you breach any of the Terms your authorization to use this Site shall automatically terminate. Otherwise, these Terms are effective until terminated by either party. You may terminate these Terms at any time by discontinuing use of this Site. Upon any termination of these Terms you shall discontinue use of this Site and destroy all Materials You obtained from this Site and all related documentation and all copies and installations thereof.

COPYRIGHT; COPYRIGHT AGENT

Abaca respects the intellectual property rights of others, and we ask you to do the same. If you believe that your work has been used or copied in a way that constitutes a copyright infringement, and that such infringement is occurring on this Web site, please provide a Notice to Abaca's Copyright Agent containing the following elements:

an electronic or physical signature of the person authorized on behalf of the owner of the copyright interest that is alleged to have been infringed;
a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which you request to be disabled ;
a description of where the material you claim is infringing is located on the Abaca site;
information sufficient to permit Abaca to contact you, such as the address, telephone number, and email address of the copyright owner or the owner's agent;
a statement by the copyright owner or the owner's agent that the allegation is made in the good faith belief that use, in the manner complained of, of the material identified in your Notice is not authorized by the copyright owner, its agent or the law;
a statement by the copyright owner or the owner's agent, made under penalty of perjury, that the information provided in the Notice is accurate and that the complaining party is the copyright owner or authorized to act on the copyright owner's behalf.

Abaca’s Designated Agent for Notice of claims may be reached as follows

By mail:
Andrew E Newton/Designated Agent – Copyright Infringement Claims
Abaca Technology Corporation
1010 Rincon Circle
San Jose, CA 95131-1325

By telephone:
(408) 571-6300

By fax
(408) 577-1070

By email:
copyright@abaca.com

COPYRIGHT NOTICE

Abaca®, Email Protection Gateway™, Abaca® Email Protection Gateway™, ReceiverNet™, and the Abaca logos are trademarks of Abaca Technology Corporation and may be registered in the United States and/or other countries. Other trademarks shown are the property of their respective owners.

Last Updated 31 August 2007