Goldman Studios reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Goldman Studios Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.
These Terms include the Terms and Conditions, and the terms and conditions set forth in the Terms are incorporated herein by reference. These Terms, together with any additional terms to which you agree when using particular elements of the Goldman Studios Websites, constitute the entire and exclusive and final statement of the agreement between you and Goldman Studios with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Goldman Studios with respect to such subject matter. These Terms and the relationship between you and Goldman Studios shall be governed by the laws of the State of California as applied to agreements made, entered into and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Goldman Studios Websites shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Goldman Studios to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Goldman Studios and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Goldman Studios Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Goldman Studios. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Goldman Studios without restriction.
Use of Software
To the extent that Goldman Studios provides for the download of proprietary Goldman Studios software or open source software from Goldman Studios' Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Goldman Studios or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.
All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.
Goldman Studios reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Goldman Studios will be collectively referred to as “Goldman Studios Marks.”
The Goldman Studios Marks are highly valued intellectual property, and therefore Goldman Studios will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Goldman Studios Marks or which are likely to cause confusion with Goldman Studios Marks.
No employee or other representative of Goldman Studios is authorized to grant permission to use Goldman Studios Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to Goldman Studios Marks by a Goldman Studios employee in the absence of a formal written agreement cannot be relied upon.
Goldman Studios does not object to the use of the Goldman Studios Marks (other than logos) to refer specifically to the products of Goldman Studios. However, a purely referential use or nominative fair use of the Goldman Studios Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.
In the United States, registered Goldman Studios Marks should be designated by the symbol “®”, while unregistered Goldman Studios Marks should be identified by a “™” designation. The Goldman Studios Marks must be used as adjectives, rather than as nouns or verbs.
Linking To Goldman Studios Websites
Linking to the Goldman Studios Websites (including an internal or subsidiary page of any website comprising a part of the Goldman Studios Websites) must be approved in writing by Goldman Studios, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
1. does not utilize content of a Goldman Studios Website;
2. does not utilize a Goldman Studios logo;
3. does not use framing of a Goldman Studios Website;
4. does not misrepresent an affiliation or other relationship with Goldman Studios;
5. does not misrepresent any possible endorsement by Goldman Studios;
6. does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
7. is promptly modified to delete the hyperlink upon request by Goldman Studios.
Except where otherwise specified, the contents of the Goldman Studios Websites are copyright (c) 1997-2014 Goldman Studios, Inc. All rights reserved.
The contents of the Goldman Studios Websites are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the Goldman Studios Websites, except as necessary to view the Goldman Studios Websites.
Please direct any questions or comments to Goldman Studios, Contact Page.
Links to Third Party Sites
Links on the Goldman Studios Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Goldman Studios Websites. Goldman Studios does not endorse or make any representations about such third party websites, and Goldman Studios is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Goldman Studios does not control those websites, and Goldman Studios is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
Goldman Studios protects its technology vigilantly and permits others to use it by virtue of license agreements. The use or distribution of Goldman Studios software without permission from Goldman Studios is software piracy. Goldman Studios distributes and sells its product through a channel network of distributors and resellers worldwide. Goldman Studios does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators. If you are contemplating or have obtained Goldman Studios software through one of these avenues, you likely will find yourself with pirated software. Please contact Goldman Studios contact page for assistance with your own or another’s unauthorized use of Goldman Studios software.
You agree to indemnify, defend and hold harmless Goldman Studios, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Goldman Studios Websites or violation of these Terms. Goldman Studios reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Goldman Studios' defense of such claim, and in no event may you agree to any settlement affecting Goldman Studios without Goldman Studios' written consent.
When you visit the Goldman Studios Websites or send e-mails to Goldman Studios, you are communicating with Goldman Studios electronically. We may respond to you by e-mail or by posting notices on the Goldman Studios Websites. You agree that all such notices, disclosures and other communications that Goldman Studios provides to you electronically satisfy any legal requirement that such communications be in writing.
United States Government Rights
All Goldman Studios products and publications are commercial in nature. The software, publications and software documentation available on the Goldman Studios Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, Goldman Studios' publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users 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.
Information on the Goldman Studios Websites is not promised or guaranteed to be correct, current or complete, and the Goldman Studios Websites may contain technical inaccuracies or typographical errors. Goldman Studios assumes no responsibility (and expressly disclaims responsibility) for updating the Goldman Studios Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Goldman Studios Websites. Goldman Studios provides no assurances that any reported problems will be resolved by Goldman Studios, even if Goldman Studios elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE Goldman Studios WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. Goldman Studios EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Goldman Studios MAKES NO WARRANTY THAT THE Goldman Studios WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE Goldman Studios WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL Goldman Studios BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE Goldman Studios WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF Goldman Studios HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Goldman Studios may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Goldman Studios' liability shall be the minimum permitted under such applicable law.