To return to the Registration screen, click on File menu and then Exit.
You may not transfer your account to another person without prior written approval from SBtek.
You agree to pay SBtek's current charges in effect from time to time for all Internet access through your account. You can obtain current rates for using the Service by calling 1-319-236-6160. SBtek reserves the right to change all rates or to institute new rates and/or charges at any time. You also will be liable for all attorney and collection fees arising from efforts to collect any unpaid balance on your account(s).
You are responsible for maintaining the confidentiality of any and all passwords issued to you by SBtek for accessing the Internet. You are responsible for all activities and charges assessed as a result of use of your passwords and account in connection with the Service. If your account or password is accessed or used without your permission, you will remain responsible for all such activities and charges until you notify SBtek that an unauthorized user is using your password and account by calling 1-319-236-6160.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. SBtek HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
UNDER NO CIRCUMSTANCES SHALL SBtek, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of SBtek in operating the Service, your sole and exclusive remedy is to discontinue using the Service.
~ restrict or inhibit any other user from using and enjoying the Internet;
~ post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
~ post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
~ post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
~ upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
~ upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.
SBtek has no obligation to monitor the Service. However, you agree that SBtek has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. SBtek will not intentionally monitor or disclose any private electronic-mail message unless required by law. SBtek reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
THE FOLLOWING LICENSE IS A LEGAL AGREEMENT TO WHICH YOU ARE CONSENTING TO BE BOUND. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE OR DOCUMENTATION. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU FOR THE SOFTWARE AND/OR DOCUMENTATION IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS AND CONDITIONS SET FORTH BELOW, AND SBtek AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND CONDITIONS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.
SBtek grants you a personal, nontransferable, nonexclusive limited right and license to use the Software for accessing and/or browsing the Internet and the related Documentation only in accordance with the following terms and conditions:
You may use each copy of the Software provided to you by SBtek on your personal computer for the sole purpose of accessing and/or browsing the Internet. Such copy may be used on only one personal computer at any time, and may be used by only one user at any one time.
You may make one (1) copy of the Software for backup or archival purposes, provided that such copy contains the same notices regarding copyrights, trademarks, and other proprietary rights, as contained in the copy originally provided to you. If you receive your first copy of the Software electronically and a second copy on media, the second copy may be used for backup and archival purposes.
You may not sublicense, loan, rent, lease, assign or transfer the rights granted to you hereunder or the Software or Documentation without prior written authorization from SBtek. You are not granted any right, license or interest in or to any improvements, modifications, enhancements or updates to the Software or Documentation. If the Software is delivered to you for demonstration or evaluation purposes only, it is for you to determine whether to purchase an ongoing license to the Software.
Title, ownership rights and intellectual property rights in and to the Software and Documentation shall remain in SBtek and/or its licensor or suppliers. This agreement does not include the right to sublicense the Software and is personal to you and therefore may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of SBtek. You acknowledge that the Software in source code form remains a confidential trade secret of SBtek and/or its licensors and suppliers and therefore you agree not to attempt to decipher, decompile, disassemble or reverse engineer the Software to develop source code or allow others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the Software and not to develop password, decryption or enabling technologies for the Software, or determine how SBtek or its licensor or suppliers develops such technologies, or allow others to do so.
Title, ownership rights and intellectual property rights in and to the content accessed through the Software are the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.
TRIAL PERIOD: You may use the Software in accordance with this License Agreement on a trial basis for thirty (30) days from your receipt. If you are dissatisfied for any reason, you may obtain a full refund of the amount paid for the software by returning within the thirty (30) day period all disk(s) (in undamaged condition) and Documentation, postage prepaid, to SBT, Inc., 501 Sycamore Suite 636, Waterloo, IA 50703. You will be billed for services associated with use of the Software during the trial period.
LIMITED WARRANTY AND LIMITATION OF LIABILITY. SBtek warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. SBtek does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. SBtek also warrants that the media containing the Software, if provided by SBtek, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you purchased a license to it. The sole and exclusive obligation and liability of SBtek and its affiliates and licensors for any breach of this warranty shall be, in SBtek's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) to repair or correct your defective media so that it will conform to the above warranty; or (iv) if the above three remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) SBtek advised you how to operate the Software so as to avoid the difficulty that you were having in achieving functionality. Only if you inform SBtek of your problem with the Software during the applicable warranty period will SBtek be obligated to honor this warranty. You must contact SBtek by telephone, email or letter to inform SBtek of the problem. SBtek will use reasonable commercial efforts to repair, replace, advise or refund pursuant to the foregoing warranty within 30 days of being so informed. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY SBtek, ITS AFFILIATES AND ITS LICENSORS. NEITHER SBtek NOR ITS AFFILIATES OR LICENSORS MAKES ANY OTHER EXPRESS WARRANTY, AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO SBtek DEALER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse or improper use; or if you violate the terms of this agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or programs other than the unmodified version of hardware and programs with which the Software was designed to be used as described in the Documentation.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL SBtek, ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF SBtek'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF SBtek SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
U.S. Government Limited Rights and Restricted Rights. To the extent the Software and Documentation are provided by SBtek to the U. S. Government, the rights conveyed to the U.S. Government are limited rights and restricted rights as defined in applicable federal regulations, i.e., DoD FAR Supplement (DFARS) 252.227-7013, "Rights in Technical Data and Computer Software" (Oct. 1988), FAR 52.227-14, "Rights in Data - General" Alternate III (June 1987) and FAR 52.227-19, "Commercial Computer Software - Restricted Rights") (June 1987).
DOD RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. The contractor's name and address are: SBT, Inc. or affiliate, 501 Sycamore Suite 636, Waterloo, IA 50703
DOD LIMITED RIGHTS LEGEND
Contract No. ________________ Contractor: SBT, Inc. or affiliate, 501 Sycamore Suite 636 Waterloo, IA 50703. Limited rights are not subject to an expiration date. The restrictions governing the use and disclosure of technical data marked with this legend are set forth in the definition of "limited rights" in paragraph (a)(15) of the clause at 252.227-7013 of the contract listed above. In addition to the minimum rights described in the definition of limited rights in DFARS clause at 252.227- 7013, the Government shall have the rights described in the license agreement made a part of Contract No. __________.
NON-DOD RESTRICTED RIGHTS NOTICE (Short Form (June 1987)
Use, duplication or disclosure is subject to restrictions set forth in Contract No. _____ with SBT, Inc., or affiliate, 501 Sycamore Suite 636, Waterloo, IA 50703.
You agree to defend, indemnify and hold SBtek and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.
SBtek's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
This Agreement constitutes the entire agreement between you and SBtek with respect to the Service.