Don Marti

Fri 05 Dec 2008 09:23:16 AM PST

Web Site User Agreement

Version 1.0: 5 December 2008

BY USING AND/OR VISITING THIS WEB SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEB SITE. Your use of this web site, unless governed by a separate written agreement, is subject to the terms of this Agreement between you and Donald B. Marti Jr. (hereinafter "Site Owner"). Site Owner reserves the right to modify this Agreement without notice to you. The current version of this Agreement is available from a link on the web site home page. YOU AGREE THAT YOUR USE OF THIS WEB SITE SHALL BE AT YOUR SOLE RISK. THIS WEB SITE AND ITS CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by you or your employer. "Web Site Software" means any software code, product, or work used in the creation, editing, storage, delivery, operation, or maintenance of this web site or its content, including but not limited to operating system, utilities, software development tools, graphic design and editing tools, audio recording, editing, and processing tools, language runtimes, and web server software. In consideration for your use of and access to this web site, you grant Site Owner, and Site Owner's officers, employees, and authorized agents, a worldwide, sublicensable, non-exclusive license under Patent Claims infringed by the making, using or selling of the Web Site Software, for the duration of the patents. You represent that you have the authority to grant this license on behalf of your employer. This license shall survive termination of this Agreement. If you choose to terminate this Agreement, you may do so by ceasing to use this web site, destroying any and all copies of any content from this site, or data collected from this site (including but not limited to the output of any network client, scanning or diagnostic software) in your possession, and notifying Site Owner in writing at the following address: 1208 Court Street, Alameda, California, USA.