Legal Notices

COPYRIGHT NOTICE. Copyright © 1998-2003 Akiva Corporation and/or its suppliers, 1901 Camino Vida Roble, Suite #115, Carlsbad, CA 92008 USA . All rights reserved.

TRADEMARKS. Akiva, Akiva Idea Technologies, ideaCenter, "Collaborate with Purpose", WebBoard, WebBoard Meeting, WebMeeting, ChatSpace as both text and in there various logos presented at this site are trademarks or registered trademarks of Akiva Corporation. Other product and company names mentioned herein are the trademarks of their respective owners.

The names of companies, products, people, characters and/or data mentioned herein are fictitious and are in no way intended to represent any real individual, company, product or event, unless otherwise noted.

Any rights not expressly granted herein are reserved.

Contact webmaster@akiva.com with questions or problems, as appropriate.

Terms of Use

This web site and the associated software products are made available for public use subject to the will of Akiva Corporation (AKIVA), and under conditions set forth herein. By using this site and/or software you agree to these terms of use, and furthermore agree that they are reasonable, necessary, and are legally binding upon you in your jurisdiction. By using this site you explicitly waive any and all rights which would interfere with these terms, fully understanding that you may retain your rights by selecting not to use this publicly available site.

Community Standards

Users who violate our standards while in our collaborative web site may be denied access to this site, without due recourse. Right to use at any specific time does not constitute a continued obligation to provide service to any individual or group.

Portions of this web site support interactive disscussion via forums, chat room. and other forms of messaging, forming a private Community. We encourage an atmosphere of understanding and thoughtful debate. Please abide by the following code of conduct that prohibits:

• Slanderous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening and harassing comments are not appropriate.
• Any form of direct or indirect personal attack or harassment is unacceptable behavior and is not tolerated.
• Any comment that calls for unlawful or illegal behavior or might result in harm to others is not allowed.
• All forms of "denial of service" attacks are strictly prohibited.
• Remain friendly and civil.
• No advertising allowed.
  

Do not use copyrighted information while posting on our message boards or while participating in our chat rooms. We reserve the right to remove any posts without further notice.

Identities and personal information provided at this site are the property of AKIVA and/or the site operator. Information provided is publicly disclosed to other participants. You should not, and are not required to, disclose information that you do not want made public.

We DO NOT sell or lease personal information collected here and you are prohibited from collecting information for any purpose other than private, non-commercial, communications with members on an individual basis. You agree to pay our legal fees and other costs in enforcing this provision should you violate it.

This site contains links to other chat sites and web sites, these chat sites are not under the control of AKIVA. The content at these sites is controlled by, and is the responsibility of, each individual site. Unless otherwise noted the sites operate under these AKIVA Terms of Use. By using this directory you agree to abide by these terms. Abuses should be reported directly to the chat site and may also be reported to community@akiva.com for investigation. We reserve the right to exclude or re-categorize any site.

If you have any questions or suggestions regarding our Community, please feel free to email us (community@akiva.com)

Software Available on this Site

Any software that is made available to download from this server ("Software") is the copyrighted work of AKIVA and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. In respect to the use of any free trial software product the current license agreement posted to this page (below) replaces the license agreement delivered with the product. Continued use of the trial product requires acceptance of, and compliance with, the current agreement without prior notice of any changes. Your sole recourse, should you fail to agree to the current or update terms, is to discontinue use of the product and destroy all copies you have obtained.

CURRENT TRIAL END USER LICENSE (Sep 2003)

BY USING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE AND ERASE ANY COPIES YOU HAVE OBTAINED.

REDISTRIBUTION NOT PERMITTED
Toobtain a license to redistribute any of the software from this site please contact Sales (sales@akiva.com).

GRANT. Akiva Corporation (AKIVA) hereby grants you a non-exclusive license to use its accompanying software product (Software) contingent on your compliance with these AKIVA Terms of Use as set forth by this web page (http://www.akiva.com/legal.cfm)

Violation of the terms of this agreement will result in the immediate termination of your license, without notice. You may also be subject to civil or criminal prosecution for willful violations.

Certain features of the software may require a payment of a license fee to enable them. You may not tamper with, or circumvent, the license mechanism designed to restrict these features. If you receive an product key to enable these features you must keep it confidential and use it only for the licensed system.

You may not: Modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; copy the Software (except for back-up purposes); rent, lease, transfer or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software.

Advertising, Logos and Branding: The distribution of trial software is funded through the use of included advertising, logos and branding elements (including but not limited to use of distinctive design elements, graphics, sounds, and fonts). While you are permited to modify the HTML code for the product to enable the integration of the AKIVA services into your web site (including your look and feel), you may not modify or remove any AKIVA specific Advertisement code, Logos or Branding elements (as defined above). Additionally, these elements are protected under US and/or International Copyright and/or Trademark laws as set forth at http://www.akiva.com/copyright.htm. In using this product you agree not to infringe on AKIVA Copyrights or Trademarks. Exceptions to this policy are by written permission of the AKIVA management ONLY. In the event you fail to comply with these terms within five (5) days of written notice (via email) from AKIVA you agree to the remedy to AKIVA (in addition to other remedies available herein) of the current license fees for the Software, payable immediately.

SOFTWARE. This license does not grant you any right to any enhancement or update.

TITLE. Title, ownership rights, and intellectual property rights in and to the Software shall remain in AKIVA and/or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is 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.

DISCLAIMER OF WARRANTY. The Software is provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not AKIVA assume the entire cost of any service and repair. In addition, the security mechanism implemented by the Software has inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AKIVA OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY 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. IN NO EVENT WILL AKIVA BE LIABLE FOR ANY DAMAGES IN EXCESS OF AKIVA'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF AKIVA 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.

TERMINATION. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software.

EXPORT CONTROLS. 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, 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.

In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or in the installation process), then the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR FOREIGN PERSON AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A FOREIGN PERSON OR UNDER THE CONTROL OF A FOREIGN PERSON.

MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

The failure of AKIVA to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION 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, AKIVA 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.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. 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 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Akiva Corporation, 1901 Camino Vida Roble, Suite #115, Carlsbad, CA 92008.

Documents Available on this Site

Permission to use documents and related graphics available from this server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of documents and related graphics available from this Server is for informational and non-commercial or personal use only, (3) no documents or related graphics, including logos, available from this Server are modified in any way, and (4) no graphics, including logos, available from this Server are used separate from accompanying text. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

AKIVA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AKIVA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL AKIVA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AKIVA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Software, Documents and Services Available on this Web Site

IN NO EVENT SHALL AKIVA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

Links to Third Party Sites

THE LINKS IN THIS AREA WILL LET YOU LEAVE THE AKIVA SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF AKIVA AND AKIVA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. AKIVA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY AKIVA OF THE SITE.