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Owl River Company

 
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LEGAL NOTICES

 



DOCUMENTS AND COPYRIGHT

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Permission to use Documents (such as white papers, press releases, and other publications) from this server ("Server") is granted by Owl River Company ("OwlRiver"), 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 such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any unauthorized purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of this website. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted by us. Clearances are only granted in writing, and must be obtained before use.



DISCLAIMER AND EXCLUSION

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OWLRIVER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS AND/OR SOFTWARE PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE ENTIRE RISK ARISING OUT OF THEIR USE REMAINS WITH THE RECIPIENT. IN NO EVENT SHALL OWLRIVER AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF OWL RIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



SOFTWARE

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Any software ("Software") that is made available to download from this server or other OwlRiver ("Server") is the copyrighted work of OwlRiver and/or its suppliers. Use of the Software is governed by the terms of the intermediate or 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.

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 may be prosecuted to the maximum extent possible.



DISCLAIMER AND EXCLUSION

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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, OWLRIVER 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. IN NO EVENT SHALL OWLRIVER AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF OWLRIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



RESTRICTED RIGHTS LEGEND

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Any Software which is downloaded from this and other OwlRiver Servers 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 Owl River Company, P O Box 12069, Columbus, Ohio 43212.



High Availability and Safety of Life

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It is important to remember that the underlying hardware which most Owl River offerings run is not certified as suitable for 'High Availability' environments -- the standard Intel chip-set documentation has routinely excluded such use for years. Accordingly, we have not tested, and do not warrant such offerings for such use. They must not be used in medical devices with life support functions, safety equipment (or similar applications where component failure would result in loss of life or physical harm), aerospace equipment, telecommunication equipment (trunk lines) or nuclear power control equipment. See our discussion here on the topic of "High Availability".


TRADEMARKS

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Owl River Company and the names of OwlRiver products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of Owl River Company.

Microsoft, Windows, Windows NT, SQL Server, Office and BackOffice are either trademarks or registered trademarks of Microsoft Corporation.

Intel and Pentium are registered trademarks of Intel Corporation.

Red Hat is a registered trademark of Red Hat, Inc.

Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.

Generally, the appearance of trademarks or registered trademarks within this site are done as a nominative and factual matter, as and for description and identification. See, generally, 15 USC 1115(b)(4). We are in no wise interested in any implied trademark infringement or counterfeiting (11 USC 1114(1)); false designation or unfair competition (15 USC 1125(a)); dilution (15 USC 1125(c); common law infringement or unfair competition, or dilution; violation of business practice law or regulation as to use of marks.



LINKS TO THIRD-PARTY SITES

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LINKED SITES ARE NOT UNDER THE CONTROL OF OWL RIVER, AND OWL RIVER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. OWL RIVER PROVIDES LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY OWL RIVER OF THE SITE.



PROMOTIONS

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All promotions are subject to availability and inventory. OWL RIVER reserves the right to change, alter, or cancel promotions at any time without notice.



PRIVACY STATEMENT OF OWL RIVER COMPANY

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Owl River Company considers the responsible use of personal information to be a critical element in enabling the Internet to reach its potential as a serious tool for personal and professional activities. As the Internet changes our lives in a number of ways, Owl River Company is committed to respecting your privacy.

In general, you can visit any public Owl River Company site without telling us who you are or revealing any personal information about yourself.

There are times, however, when we may need information from you, such as your name, home or business address and e-mail address. Owl River Company will seek to let you know before we collect any personal information from you over the Internet. Some examples of when we may need information are if you choose to purchase a product directly from Owl River Company websites, subscribe to one of our notification services, or when you register a new product. When you choose to give us personal information over the Internet that we or our business partners may request, Owl River Company will endeavor to let you know how we will use this information. Owl River Company will also seek to take appropriate steps to protect the information you share with us, including using appropriate technology for credit card data used in electronic commerce transactions.

When Owl River Company receives information about your session or about you, we may use it for research or to improve our site and the services we offer you. We will ask you if you want us to use that information to continue contact with you by Owl River Company and our business partners via e-mail or other means -- for example, to send you new product information or notification of special offers. If you do not want us or our partners to contact you, you can choose to "opt out," and Owl River Company will endeavor to respect your wishes.

In general on Owl River Company servers, IP addresses (the Internet address of a computer) are logged to track a user's session while the user remains anonymous. We analyze this data for certain trends and statistics, such as which parts of our site users are visiting and how long they spend there. In general, we do not link your IP addresses to anything personally identifiable to you, except in the cases of certain personalized subscription services, which utilize session data to improve the service. In those limited cases where session information is not anonymous, Owl River Company will provide notice of the practice and an opportunity to "opt out.".

Some Owl River Company sites use "cookies," which are small files that may be placed by your web browser as part of its normal operation. These may be written on your hard disk for record-keeping purposes. A cookie may help us remember who you are. We take steps to encode and keep the these 'cookies' free of personal information, so that others may not use them to violate confidential matters.

It is like when someone frequently visits a certain store -- the clerk may not know the customer by name, but recognizes the customer and knows some of that customer's preferences. Similarly, cookies can make your subsequent visits to the web page simpler and more seamless. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (However, by not accepting cookies, some web pages may not display properly or you may not be permitted to access certain information.)

In areas of the Owl River Company website which may be of particular interest to children (we are aware of no such areas, but one never knows), we will use our best efforts not to collect personal information from those identifying themselves as under age 18 (the age of majority in the jurisdiction of our principal offices). Owl River Company encourages parents to take an active role in their children's use of the Internet and to spend time on-line with their children. Children may ask their parents to submit a request for information on their behalf.



ECPA STATEMENT OF OWL RIVER COMPANY

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The U.S. federal Electronic Communication Privacy Act ("ECPA") provides generally for the operator of a communication host to be able to monitor content if there exists arrangement to do so between the operator and a user; All Owl River Company hosts which are publicly accessible are provided upon express condition that no expectation of or arrangement for privacy of communication on the part of the user exists, whatsoever, as to either stored or real-time content, of any type, and that as a condition of use the user has consented to both so-called 'security' monitoring and the more general 'no expectation of confidentiality' access from Owl River Company personnel or reviewers. Additionally, there is provision for required or permissive disclosure to various authorities, by way of legal process and otherwise, and it is the policy to Owl River Company to reasonably comply with such inquiry as it deems appropriate or proper.

The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, thereunder.

If you have any questions or comments about our privacy practices, or would like to stop receiving information from Owl River Company, or would like to correct or update information provided to Owl River Company via its website, please contact us by either clicking on the "comments" button on the bottom of our main page on www.owlriver.com or by sending an e-mail to privacy@owlriver.com.



DCMA STATEMENT OF OWL RIVER COMPANY

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The U.S. federal Digital Millennium Copyright Act ("DCMA") provides generally for the operator of a communication host to be responsive to assertions of copyright infringement..

If you have any questions or comments about our DCMA policies and practices, or would bring a matter of asserted infringement to our attention, send an e-mail to dcma@owlriver.com -and- send paper mail conformant to DCMA requirements to our published Contact post office box address.



"Local Copy"

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Often in this site, we have taken a 'local copy' or produced a PDF screen-shot, or 'wget' image of a given web-page, bearing URI and date. We have found a need for this practice of having local copies of content are taken for record, fair use, and backup purposes, as we have found that the original content on the web disappears so quickly -- That said, please always refer to the prime site noted first.

NO SPAM OHIO R C 2307.64(C) STATEMENT OF OWL RIVER COMPANY

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No Unsolicited or Unconsented to Commercial email is wanted or welcome here. We give notice, do test and monitor, and when appropriate, will seek legal remedy. See our special Notice page here which is linked heavily, and in the initial banner greeting of EVERY piece of email which we receive.



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See also:


Formal Position Statements

Other Voices:

Register Google cache article (local PDF)

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Last modified: Sun, 29 Jan 2006 13:33:56 -0500
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