General Use Restrictions

All information, documents, products, software, and services (the "Materials") provided on this Website were provided by or to Heap and Digby by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted work of Heap and Digby and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Heap and Digby or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may reproduced or retransmitted in any way, or by any means, without the prior express written permission of Heap and Digby. You also may not, without Heap and Digby's prior express written permission, "mirror" any Material contained on this Website on any other server.

Nothing on this Website shall be construed as conferring any license under any of Heap and Digby's or any Third Party Provider's intellectual property rights, whether by implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Permission is granted to display, copy, distribute and download Heap and Digby's Materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials.

Any unauthorised use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Third Party Content Disclaimer

Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Heap and Digby. Heap and Digby does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Heap and Digby.

Links to Third Party Sites

This Website may be linked to other websites which are not under the control of and are not maintained by Heap and Digby. Heap and Digby is not responsible for the content of those sites. Heap and Digby is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Heap and Digby of those sites.

Software Use Restrictions

Any software that is made available to download from the Website (the "Software") is the copyrighted work of Heap and Digby and/or Third Party Providers. 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 (the "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.

Installation assistance, product support and maintenance, if any, of the Software is available from Heap and Digby and/or the Third Party Providers, as the case may be.

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Submissions

Unless otherwise explicitly stated, any Materials provided by you in connection with this Website shall be deemed to be provided on a non-proprietary and non-confidential basis. Heap and Digby shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you, not Heap and Digby, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.

Disclaimer of Warranty

UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Heap and Digby MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.

Limitation of Liability

Heap and Digby SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL Heap and Digby BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF Heap and Digby HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST Heap and Digby FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.

YOU AGREE TO HOLD Heap and Digby HARMLESS FROM, AND YOU COVENANT NOT TO SUE Heap and Digby FOR, ANY CLAIMS BASED ON USING THE WEBSITE.

General

This Website could include inaccuracies or typographical errors. Heap and Digby and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website.

Any action related to these Terms will be governed by English law. No choice of law rules of any jurisdiction will apply.

These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. Heap and Digby can revise these Terms at any time without notice by updating this posting.

Trademarks

Heap and Digby, Heap and Digby Systems Limited and the Heap and Digby Logo are trademarks or registered trademarks of Heap and Digby Limited in the United Kingdom and other countries.

Copyright Notice

Copyright 2000 by Heap and Digby Limited. All rights reserved.