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Olsen Gaming, Inc. dba
Spectronix
LEGAL
NOTICE AND TERMS OF USE
READ
THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ
THESE TERMS OF USE ("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE
BOUND BY THE AGREEMENT.
- COPYRIGHT
NOTICE
Copyright 2005 SPECTRONIX. All Rights Reserved.
- TRADEMARK
NOTICE
"SPECTRONIX", the SPECTRONIX logo, "spectronix.com" are trademarks
and/or service marks of OLSEN GAMING, INC. Unless otherwise noted
on the Site, all other trademarks, service marks, and logos used
in this Site are the trademarks, service marks or logos of their
respective owners.
- LICENSE
GRANT & OWNERSHIP BY SPECTRONIX
- License.
Subject to the terms and conditions of this Agreement, and
until termination of the Agreement, SPECTRONIX grants you
a non-exclusive, non-transferable, limited license to view
or print the Content in this Site without alterations, for
personal, non-commercial use only. This limited license does
not apply to any media or platform other than that of the
current Site.
- Ownership.
All Content on the Site is (and shall continue to be) owned
exclusively by SPECTRONIX or Others, and is protected under
applicable copyrights, patents, trademarks, trade dress, and/or
other proprietary rights, and the copying, redistribution,
use or publication by you of any such Content or any part
of the Site is prohibited. Under no circumstances will you
acquire any ownership rights or other interest in any Content
by or through your Site Use.
- RESTRICTIONS
ON USE
- Prohibited
Acts. Concerning your Site Use or any Content, you agree not
to knowingly: (i) use any device, software or technique to
interfere with or attempt to interfere with the proper working
of the Site; (ii) post or transmit to the Site any unlawful,
fraudulent, harassing, libelous, or obscene Information of
any kind; (iii) post or send to the Site any Information that
contains a virus, bug, or other harmful item; (iv) publish,
perform, distribute, prepare derivative works, copy, reverse
engineer, or use the Content (other than as expressly permitted
herein); (v) post or transmit into or on the Site any Information
in violation of another party's copyright or intellectual
property rights; (vi) take any action which imposes an unreasonable
or disproportionately large load on SPECTRONIX's infrastructure;
(vii) redeliver any of the Content using "framing", hyperlinks,
or other technology without SPECTRONIX's express written permission;
or, (viii) use any device or technology to provide repeated
automated attempts to access password-protected portions of
the Site.
- Right
to Regulate & Law Compliance. You acknowledge that SPECTRONIX
has the right, but no obligation, to monitor the Site and
to disclose any Information necessary to operate the Site,
to protect SPECTRONIX, Others, and SPECTRONIX's customers,
and to comply with legal obligations or governmental requests.
SPECTRONIX reserves the right to refuse to post or to remove
any Information on the Site, in whole or in part, for any
reason. Law Compliance. You agree to comply with all governmental
laws, statutes, ordinances, and regulations (including unfair
competition, anti-discrimination or false advertising) regarding
your Site Use.
- YOUR
SITE USE ACTIVITIES
Password-Protected Areas. If you are allowed access to password-protected
areas of the Site, you agree to keep your password confidential,
to send Notice to SPECTRONIX within 24 hours if your password
is compromised. You acknowledge that SPECTRONIX neither endorses
nor is affiliated with any Linked-Site and is not responsible
for any information that appears on the Linked-Site. You acknowledge
that (i) the internet is a network of computers worldwide, and
that any Information submitted by you to SPECTRONIX necessarily
is routed via third party computers to SPECTRONIX, (ii) SPECTRONIX
is not responsible for lapses in online security and does not
assume liability for improper use of your Information by a third
party.
- SUBMISSIONS
OF INFORMATION BY YOU
Grant of License to SPECTRONIX. If you submit Information to the
Site, you grant SPECTRONIX a nonexclusive, worldwide, royalty-free
license to (in any media now known or not currently known or invented)
link to, utilize, use, copy, exploit, and prepare derivative works
of the submitted Information. No Information you submit shall
be deemed confidential. However, SPECTRONIX agrees to use your
Information in accordance with SPECTRONIX's
Privacy Policy applicable to personally identifiable user
data. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL
PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO SPECTRONIX.
- APPLICABILITY
& COOPERATION
SPECTRONIX reserves the right to limit the provision of any product
or service to any person, geographic area or jurisdiction as it
so desires, or as required by law. SPECTRONIX in its sole discretion
may add, delete or change the Content at any time, without notice
to you.
- RESTRICTED
RIGHTS & EXPORT CONTROLS
Government Use. The software and documentation available on the
Site are "commercial items," as that term is defined in 48 C.F.R.
2.101 (October 1995), consisting of "commercial computer software"
and related documentation, as such terms are used in 48 C.F.R.
12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
government end users acquire the software and documentation with
only those rights set forth herein. You acknowledge and agree
to comply with all U.S. laws, regulations and requirements applicable
to the export of U.S. origin products and technology.
- LIMITED
WARRANTY AND DISCLAIMER
- DISCLAIMER
OF WARRANTY. SPECTRONIX AND ALL CONTENT PROVIDERS MAKE NO
REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON.
THIS SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU
BY ALL CONTENT PROVIDERS "AS IS" AND "AS AVAILABLE", WITH
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM ALL WARRANTIES BY
SPECTRONIX RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT
YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS,
THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL
INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE
SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED
SERVICES.
- LIMITATION
OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY OF THE CONTENT
PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF
BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY,
ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE
USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You
may have additional rights under certain laws (including consumer
laws) which do not allow the exclusion of implied warranties,
or the exclusion or limitation of certain damages. If these
laws apply to you, the exclusions or limitations in this Agreement
that directly conflict with such laws may not apply to you.
- CONTACTING
SPECTRONIX
Should you desire to contact SPECTRONIX, you may do so at: SPECTRONIX,
6360 McLeod Drive, Suite #30, Las Vegas, Nevada 89120. Phone:
(702)798-5355. <or> you may contact us using this form.
- FORWARD-LOOKING
STATEMENTS
Some of the information on this web site may contain projections
or other forward-looking statements regarding future events or
the future financial performance of the Company. We wish to caution
you that these statements are only predictions and that actual
events or results may differ materially.
- MISCELLANEOUS
- Location
& Interpretation. The language in this Agreement shall
be interpreted as to its fair meaning and not strictly for
or against any party.
- Equitable
Relief. You acknowledge that any breach by you of the provisions
of the Agreement will cause irreparable damage to SPECTRONIX
or Others and that a remedy at law will be inadequate. Therefore,
in addition to any and all other legal or equitable remedies,
SPECTRONIX and Others will be entitled to injunctive relief
for any breach of this Agreement.
- Severability.
In the event that any of the provisions of this Agreement
shall be held by a court or other tribunal of competent jurisdiction
to be unenforceable, such provisions shall be limited or eliminated
to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable.
- Complete
Integration. This Agreement constitutes the entire agreement
between you and SPECTRONIX pertaining to the subject matter
hereof. You agree to review this Agreement prior to any Site
Use, and each Site Use by you shall constitute and be deemed
your unconditional acceptance of this Agreement. This Agreement
may be prospectively modified by SPECTRONIX, by posting a
revised Agreement on the Site.
- Termination.
The Agreement may be terminated by either Party, in its sole
and absolute discretion, at any time and for any reason (with
or without cause), with or without notice. If the Agreement
is terminated, you agree to cease all Site Use and, upon request
by SPECTRONIX, to return all Information in your possession
relating to the Site, and all copies thereof.
- Survival
of Certain Provisions. Any and all provisions or obligations
contained in this Agreement which by their nature or effect
are required or intended to be observed, kept or performed
after termination of this Agreement will survive the termination
of this Agreement and remain binding upon and for the benefit
of the parties, their successors and permitted assignees.
- Waiver.
No delay or omission to exercise any right or remedy accruing
to SPECTRONIX upon any breach or default by you shall constitute
a waiver by SPECTRONIX of any breach or default.
- Headings.
All article or section headings, or exhibit names, are for
reference and convenience only and shall not be considered
in the interpretation of the Agreement.
- No Agency.
You and SPECTRONIX are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
- Conflicts.
If this Agreement conflicts with a provision of any other
contract between you and SPECTRONIX relating to the Site,
the provision in such other Agreement shall govern.
- GLOSSARY
The following terms, when used in this Agreement, shall have the
following meanings.
"Content". The term "Content" means all Information, data, or
other material, in any form or media, contained in, obtained from,
or relating to the Site, including all results obtained from the
Site.
"Content Providers". The term "Content Providers" means both SPECTRONIX
and Others.
"Information". The phrase "Information" includes all data, information,
documents, files, personally-identifying information, and software
disclosed by one party to the other in connection with the Site
or your Site Use.
"Linked-Site". A "Linked-Site" means any internet site (including
all information, data, and content thereon) that is linked to
the Site, but not owned by SPECTRONIX.
"Notice". The phrase "Notice" refers to the sending of Information
by you to SPECTRONIX via certified mail, return receipt requested,
to SPECTRONIX at the address noted in section 10 above.
"Others". The terms "Others" means SPECTRONIX's direct or indirect
licensors, SPECTRONIX's affiliates, or other contributors to the
Site (other than SPECTRONIX).
"Privacy Policy". The phrase "Privacy Policy" refers to SPECTRONIX's
official published privacy policy, if any, describing SPECTRONIX's
intended uses of your personally identifiable Information.
"Site". The term "Site" means any SPECTRONIX internet site, page
(and all sub-pages), uniform resource locator ("URL"), domain
location, and all Information and Content thereon.
"Site Use". The term "Site Use" means your use of or access to
the Site.
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