Terms of Use

Terms of Use - Please Read Carefully Before Using This Web Site.

1. INTRODUCTION

Welcome to the Obsidian Software website. Please review the following terms and conditions concerning your use of this site. By using this site, including downloading materials, you agree to these terms and conditions. We reserve the right to change these terms and conditions from time to time at our sole discretion. These terms and conditions apply to all visits to the Obsidian website, both now and in the future.

If one part or statement in this agreement is found unlawful, the rest of the agreement shall remain in full force.

2. COPYRIGHT

(c) 1997 - 2008 Obsidian Software, Inc., 609 Castle Ridge Road, Suite 210, Austin, TX 78746. All rights reserved.

3. USE OF WEBSITE

We authorize you to view, copy and print materials published on this Web site provided that they: (a) are used solely for personal, non-commercial purposes; (b) are not modified or altered in any way; and (c) retain all copyright and other proprietary notices in the same form as the original. All contents on this site are protected by copyright. Except as specifically permitted herein, you may not reproduce any portion of the information on this Web site without the prior written permission from Obsidian. Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes.

4. TRADEMARKS

Obsidian Software and RAVEN are registered trademarks of Obsidian. All other company, product or service names referenced in this Web site are used for identification purposes only and may be trademarks of their respective owners.

You may not use any Obsidian trademark or third party trademark without the prior written consent of Obsidian or the third party owner of such mark.

5. DISCLAIMER

ALL CONTENTS, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. OBSIDIAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR OTHER WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. OBSIDIAN MAKES NO WARRANTY THAT: (1) THIS SITE WILL MEET YOUR REQUIREMENTS; (2) THIS SITE WIL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE BASIS; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR A LINKED SITE IS DONE AT YOUR OWN DISCRETION AND RISK. OBSIDIAN SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA OR FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT, MATERIALS OR INFORMATION. THIS INCLUDES THE TRANSMISSION OF VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SOFTWARE.

YOU AGREE THAT OBSIDIAN WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF YOUR USE OF, ACCESS TO OR INABILITY TO USE THIS SITE OR A LINKED SITE, EVEN IF OBSIDIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DELAYED, LOST OR MISDIRECTED COMMUNICATIONS THROUGH THIS WEB SITE.

BY USING THIS SITE, YOU AGREE NOT TO SUE OBSIDIAN, AND IF YOU DO, THEN ANY AND ALL JUDGEMENTS GIVEN TO YOU OR YOUR REPRESENTATIVES WILL BECOME THE PROPERTY OF OBSIDIAN. IN ADDITION, YOUR AGREE TO PAY ALL OF OBSIDIAN'S COSTS IN DEFENDING ITSELF PLUS ANY PUNATIVE DAMAGES THAT MAY BE AWARDED.

6. LINKS TO THIRD PARTY SITES

This Web site may contain links to Web sites controlled by third parties. We provide these links merely as a convenience. Access to other web sites is at your own risk and we are not responsible for and do not endorse or accept any responsibility over the contents or use of these web sites. You should refer to the policies posted by the other web sites regarding privacy and other topics before you use them. We are not responsible for third party content accessible through this web site, including opinions, advice, statements and advertisements and you assume all risks associated with your use of this content. If you choose to purchase products or services from a third party, your relationship is directly with the third party.

7. POSTINGS ON THIS SITE

Please note that the documents and materials, including graphics published on this web site may include inaccuracies or typographical errors. Postings are made at such times as we determine in our discretion. You should not assume that the information contained on this site has been updated or otherwise contains current information. We do not review past postings to determine whether they remain accurate, and information contained in such postings may have been superseded. Product specifications on this web site are subject to change without notice.

8. FORWARD-LOOKING STATEMENTS

Obsidian is a Texas S-Corp. Employees and others may buy stock in the company through option grants. The value of the stock is set by the board of directors and does not necessarily reflect the market value of the company.

This web site contains certain forward-looking statements including statements concerning performance of our products, our planned strategy, and our technical and engineering capabilities, that are subject to risks and uncertainties, which could cause the actual results to differ materially from those projected or implied. Such potential risks and uncertainties and additional factors which could affect our operations and financial results.

9. GOVERNING LAW AND JURISDICTION

The Web site is controlled by Obsidian from its offices in Austin, Texas, United States of America. All matters relating to your access to, or use of, this Web site shall be governed by U.S. federal law or the laws of the State of Texas. Any legal action or proceeding relating to your access to, or use of, this Web site shall be instituted in a state or federal court in Travis County, Texas. You and Obsidian agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. We make no representations that the information on this site is appropriate for use in other locations. If you choose to access this Web site from other locations you do so at your own risk and you are responsible for compliance with any applicable local laws. You may not access, download, use or export the information, materials or content contained on this Web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

Any and all judgements you receive against Obsidian will be become the property of Obsidian.

10. FEEDBACK AND INFORMATION

Any feedback you provide at this site will be treated as non-confidential and we are free to use such information on an unrestricted basis.

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