Download of Content Agreement
"Content" includes, but is not limited to, software, text and/or speech files, code, associated materials, media and /or documentation that You download from this Website. Content is licensed by the third party directly to You according the Creative Commons Attribution-ShareAlike (CC-BY-SA 3.0) licensing terms. HCL's decision to permit posting of third-party Content does not constitute an express or implied license from HCL to You or a recommendation or endorsement by HCL of any particular product, service, company or technology.
You understand that no assurances are provided that the Content does not infringe the intellectual property rights of any other entity. Neither HCL nor the provider (“Provider”) of the Content grants a patent license of any kind, whether expressed or implied or by estoppel. As a condition of exercising the rights and licenses granted under this Agreement, You assume sole responsibility to obtain any other intellectual property rights needed.
The Provider of the Content is the party that submitted the Content for Posting and who represents and warrants that they own all of the Content, (or have obtained all written releases, authorizations and licenses from any other owner(s) necessary to grant HCL and downloaders this license with respect to portions of the Content not owned by the Provider). All information provided on or through this Website may be changed or updated without notice. You understand that HCL has no obligation to check information and /or Content on the Website and that the information and/or Content provided on this Web site may contain technical inaccuracies or typographical errors.
HCL may, in its sole discretion, discontinue the Website, any service provided on or through the Website, as well as limit or discontinue access to any Content posted on the Website for any reason without notice. HCL may terminate this Agreement and Your rights to access, use and download Content from the Website at any time, with or without cause, immediately and without notice.
ALL INFORMATION AND CONTENT IS PROVIDED ON AN "AS IS" BASIS. HCL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING USE OF THE WEBSITE, THE CONTENT, OR THE COMPLETENESS OR ACCURACY OF THE CONTENT OR INFORMATION OBTAINED FROM THE WEBSITE. HCL SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HCL DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF ANY CONTENT. HCL IS NOT RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE CONTENT OR INFORMATION OBTAINED FROM THE WEBSITE.
LIMITATION OF LIABILITY. IN NO EVENT WILL HCL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, THE USE OF CONTENT FROM THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF HCL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The laws of the State of New York, USA govern this Agreement, without reference to conflict of law principles. The "United Nations Convention on International Sale of Goods" does not apply. This Agreement may not be assigned by You. The parties agree to waive their right to a trial by jury.
This Agreement is the complete and exclusive agreement between the parties and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof. For clarification, it is understood and You agree, that any additional agreement or license terms that may accompany the Content is invalid, void, and non-enforceable to any downloader of this Content including HCL.
If any section of this Agreement is found by competent authority to be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such section in every other respect and the remainder of this Agreement shall continue in effect.