This copyright notice applies to content posted on http://www.dtsearch.com, http://support.dtsearch.com, and http://download.dtsearch.com.
Copyright 1995-2013 dtSearch Corp. All rights reserved.
For licensing terms for dtSearch software products, please see license.htm
The following are terms of a legal agreement between you and dtSearch Corp. ("DTSC") regarding the use of any dtSearch Corp. web site, including http://www.dtsearch.com, http://support.dtsearch.com, and http://download.dtsearch.com.
1. DISCLAIMER OF WARRANTY. THE INFORMATION AND CONTENT ON THIS SITE IS PROVIDED "AS IS," WITH "ALL FAULTS," WITH NO WARRANTIES OR GUARANTIES. DTSC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND ANY GUARANTEE OR WARRANTY THAT TECHNICAL INFORMATION IS COMPLETE OR ACCURATE.
2. LIMITATION AND WAIVER OF LIABILITY. DTSC WILL NOT BE LIABLE TO ANYONE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE RELATED TO OR ARISING FROM USE OF THIS WEB SITE OR INFORMATION OR LINKS CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, AND THE LIKE, EVEN IF DTSC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE MAY DTSC'S TOTAL LIABILITY TO YOU ARISING FROM USE OF THIS WEB SITE OR INFORMATION OR LINKS CONTAINED THEREIN, UNDER ANY LEGAL THEORY OR CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING UNDER TORT, CONTRACT, BREACH OF WARRANTY, OR PATENT LAW), EXCEED THE AMOUNT PAID BY YOU TO DTSC FOR DTSC PRODUCTS DURING THE ONE (1) YEAR PERIOD PRIOR TO THE FILING OF THE CLAIM.
All disclaimers of warranties in this section shall also apply to officers, directors, employees, authorized resellers, agents, affiliates, and suppliers of DTSC, and, to the extent permitted by applicable law, all such parties shall have no liability whatsoever to you for any of the causes of action covered by this section, and you further agree not to seek indemnification or damages from any such parties.
3. THIRD-PARTY LISTINGS AND LINKS. This site contains links to other Internet sites and listings of third-party organizations. These links and listings are provided solely as a convenience to you and are not endorsements of any products or services in such sites, and no statements or information in such sites have been endorsed or approved by DTSC. You acknowledge that DTSC is not responsible for the content of any third-party sites linked from this web site.
4. CHOICE OF LAW. This agreement will be governed by and construed in accordance with the laws of the State of Maryland, without regard to the conflict of law rules of any jurisdiction, including the State of Maryland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
5. ARBITRATION. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Emergency Interim Relief Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) shall be licensed to practice law in the State of Maryland with an expertise in software copyright law, and shall apply the laws of the United States and of the State of Maryland, and the terms of this Agreement. The place of arbitration shall be Bethesda, Maryland. All awards shall be made within three months of the filing of the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by agreement of the parties or by the arbitrator(s) if necessary. The arbitrator(s) may determine how the costs and expenses of the arbitration shall be allocated between the parties, but shall not award attorneys' fees. The arbitration remedies set forth above shall be the parties’ sole remedies for breach of this Agreement, or any matters covered by this Agreement.
6. VENUE. In the event that for any reason an action is brought (notwithstanding the arbitration remedies set forth above) relating to this agreement or use of this web site or any related matter between the parties, the venue for such action shall be the court with jurisdiction over the matter that is located in the State of Maryland or the District of Columbia and that is geographically closest to Bethesda, Maryland. You irrevocably consent to the jurisdiction of such court with respect to such matter, waive any objection to venue in such court, and agree that you will not bring any action relating to such matter in any other court.
7. OTHER. If any portion of this Agreement is found to be invalid, the remainder shall continue in force. If for any reason applicable law does not permit one or more of the limitations and waivers of liabilities in this agreement, the liability of DTSC and its officers, directors, employees, authorized resellers, agents, affiiliates, and suppliers shall be limited to the greatest extent permitted by law. Any claim relating to this agreement or the use of this web site is barred and void unless filed within one (1) year after the alleged harm that is the basis of such claim first occurred.