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AVRAL.COM terms and conditions of use

This web site http://avral.com/ ("AVRAL.COM") is offered by Avral Technologies Limited ("Avral") to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein. Your use of this web site constitutes your agreement to all of the following Terms and Conditions. Avral reserves the right to change these Terms and Conditions at any time. Any and all rights not expressly granted herein are reserved by Avral.

No unlawful or prohibited use

As a condition of your use of this web site, you agree that you will not use this web site or the information or software contained herein for any purpose that is unlawful or prohibited by these Terms and Conditions.

No business relationship created by your use

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Avral as a result of your use of this web site.

Copyright and trademark information

All contents of this web site are Copyright 2000-2002 Avral Technologies Limited. All rights reserved.

You may not reproduce, copy or redistribute the design or layout of this web site or individual elements of the web site design without express written permission of Avral Technologies.

You may copy selected materials and/or software on this web site. For specific details please see the sections entitled "NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE" and "NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE" further in this agreement.

Avral, Avral Technologies, the Avral logo, the Avral tag-line, URLchopper are trademarks or service marks of Avral Technologies Limited.

Microsoft, Windows 95, Windows 98, Windows NT, Internet Explorer, Windows 2000, Windows XP and/or other Microsoft Corp. products are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.

Macromedia and Flash are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries.

Google is a trademark of Google Inc.

Bantam and Translocale are trademarks or service marks of Bantam Software Limited.

All other brand names and/or the names of actual companies and products or services mentioned on AVRAL.COM may be the trademarks or service marks of their respective owners.

You may not remove or alter any copyright, trademark or other proprietary notices or related visual marks and logos from the material obtained from Avral and/or its suppliers.

Online Forums

Avral Online Forums are public. Please consider this before posting. Any information you submit through these forums will be considered non-private and non-copyright information. We may use this information for market research, product improvement, promotion and other purposes without asking your permission. However, if we choose to do so, we will take all precautions to protect your privacy (for example, we will not disclose your email address, other contact details or any sensitive information even if you make them publicly available by participating in our online forums).

Links to third-party sites

This web site may contain links to web sites operated by parties other than Avral. Such links are provided for your convenience and reference only. The linked sites are not under the control of Avral, and Avral is not responsible for the availability or contents of any linked site or any link contained in a linked site. The inclusion of a link does not imply any association with its operators or any endorsement of the linked site by Avral unless stated to the contrary in Avral's comments to the link.

Links from third-party sites to the web site of Avral

You may include hyperlinks to our site if you agree to the following conditions:

• if we request you to remove the link(s) you will do so within 5 working days after receiving this request;
• you will refer to our company name or product names in a plain text font and format and follow our general trademark guidelines;
• you will not link to documents (e.g. DOC of PDF files) or graphics (e.g. GIF or JPG or similar files) unless agreed to in writing by Avral;
• you will not use the Avral corporate logo unless agreed to in writing by Avral;
• you will not use frames or any other techniques making it difficult for the visitors of your web site(s) to understand that the linked materials are provided by AVRAL.COM.

By including hyperlinks from your web site(s) to AVRAL.COM you will implicitly confirm your agreement to satisfy the above conditions. For all enquiries, please email our webmaster (webmaster@avral.com).

Disclaimer of warranty and limitation of liability

Information provided on this web site is provided "AS IS, AS AVAILABLE" without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non infringement. Avral uses reasonable efforts to include accurate and timely information on this web site and periodically updates the information without notice. However, Avral makes no warranties or representations as to the accuracy or completeness of such information, and Avral assumes no liability or responsibility for errors or omissions in the content of this web site. Your use of this web site is AT YOUR OWN RISK. To the extent not prohibited by applicable law, Avral and its members, managers, officers, employees and assigns will not be liable to you or any other person for any direct, indirect, special, incidental, exemplary, or consequential damages arising from your access to, or use of, this web site.

Web site changes and updates

Avral reserves the right to make changes without notice including but not limited to category names, order and general flow, titles, layout and design, and promotional offers.

Indemnification

You agree to defend, indemnify and hold Avral and its members, managers, officers, employees and assigns entirely harmless from and against any claims, liabilities, damages, costs and expenses (including legal fees and costs) arising from or in connection with your your use of AVRAL.COM and any violation of these Terms and Conditions.

Governing law

These Terms and Conditions constitute a contract made under and shall be governed by and construed in accordance with the laws of New Zealand.

Avral controls this web site from its office in Christchurch, New Zealand. It can be accessed from all countries around the world. While each of these places may have laws that differ from those of New Zealand, you and Avral agree that the laws of New Zealand, without regard to the conflicts of laws and provisions thereof, shall apply to all matters relating to the use of this web site. Avral makes no representation that the materials on this web site conform to your local laws, and if you are accessing this web site from a location outside New Zealand you alone are responsible for compliance with your local laws.

Notice specific to software available on this web site

Any software that is made available to download from this web site ("Software") is the copyrighted work of Avral and/or its suppliers. Use of the Software is governed by the terms of the license agreement, if any, which accompanies or is included with the Software ("License Agreement"). The Software is made available for downloading solely for use according to the License Agreement. An end user will not be allowed to install any Software that is accompanied by or includes a License Agreement without first agreeing to the terms of this License Agreement.

Unless stated otherwise, the Software is distributed as "try before you buy" products and you may distribute the Software freely as long as the files are distributed in their entirety in the form of the installation package(s) produced by Avral. Specific conditions and/or restrictions may apply and shall be explained in the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.

The Software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, Avral hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non infringement.

Notice specific to documents available on this web site

You may use and copy documents such as FAQs, white papers, articles and datasheets ("Documents") from this web site, provided that:

• you will ensure that the copyright notice and the permission notice contained in the Documents appear in all copies;
• you will not copy or post the Documents on any computer network including but not limited to the Internet or broadcast in any media unless agreed to in writing by Avral;
• you will make no modifications of any Documents.

Documents specified above do not include the design or layout of the AVRAL.COM web site.

Severability

If any provision of these Terms and Conditions shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable - and the legality, validity and enforceability of all other provisions of these Terms and Conditions shall not be affected thereby.

Miscellaneous

Avral's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as as a waiver of any provision or right.

Contacting the web site

If you have any questions about these Terms and Conditions, the practices of this site, or your dealings with this web site, please email our webmaster (webmaster@avral.com).

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