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General

This agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ken Mummery Consulting as a result of this agreement or use of this Web site. Ken Mummery Consulting's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ken Mummery Consulting's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Ken Mummery Consulting with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Ken Mummery Consulting with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ken Mummery Consulting with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.

Agreement Between User and Ken Mummery Consulting

This Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. In the event that any of the terms, conditions, and notices contained herein conflict with the Terms of Use or other terms and guidelines contained within any particular Ken Mummery Consulting Site, then the Terms of Use and other terms and guidelines for such Ken Mummery Consulting Site shall control. You agree to click on the links to and familiarize yourself with the Terms of Use and other terms and guidelines found throughout this Web site and the Ken Mummery Consulting's Sites and abide by them if you choose to use the sites, pages or services to which they apply.

Personal And Non-commercial Use Limitation

This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

Third Party Sites Links 

This Web site may contain links to Web sites operated by parties other than Ken Mummery Consulting. Such links are provided for your convenience only. Ken Mummery Consulting does not control such Web sites, and is not responsible for their contents. Ken Mummery Consulting's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

Prohibited or Unlawful Use

As a condition of your use of this Web site, you warrant to Ken Mummery Consulting that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Site's Software Availability

Software (if any) that is made available to download from this Web site ("Software") is the copyrighted work of Ken Mummery Consulting and/or its partners. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Ken Mummery Consulting hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Software 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. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

Liability Disclaimer

The information, software, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Ken Mummery Consulting and/or its partners may make improvements and/or changes in this Web site at any time.

Ken Mummery Consulting or its partners make no representations about the suitability, reliability, timeliness, and accuracy of the information, software, products, services and related graphics contained on this web site for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. Ken Mummery Consulting and/or its partners hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall Ken Mummery Consulting or its partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this web site, with the delay or inability to use this web site, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if Ken Mummery Consulting or any of its partners has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this web site.

Serviceability of this Site

Contact webmaster@kenmummery.com with questions or problems with this Web site.

Restriction of Access

Ken Mummery Consulting reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.

Modification of These Terms and Conditions

Ken Mummery Consulting reserves the right to change the terms, conditions, and notices under which this Web site is offered.

Copyright and Trademark Notices

All contents of this Web site are: Copyright © 1996-2000 Ken Mummery Consulting or it's partners.  Ken Mummery Consulting is located at 8968 Ellingham Street, San Diego, CA 92129-2110 U.S.A. All rights reserved world wide.

Ken Mummery Consulting, EZLite, Boatswain Software, Bosun Software, and other names of Ken Mummery Consulting's products and/or services referenced herein are trademarks or registered trademarks of Ken Mummery Consulting. Other product and company names mentioned herein may be the trademarks of their respective owners.

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Saturday, August 05, 2006 04:27 PM