Lamstech.com allow you (“You” or “Your”) and other LAMs software experts, developers, users, and other interested parties (each, a “User” and collectively, “Users”) to engage in a variety of activities, such as finding information, purchase and/or research LAMs and related software and services, obtain support for LAMs software and services, share information with LAMs and third parties, post comments, blog, provide reviews, vote on prospective features, and engage in conversations and activities related to LAMs’s products and services. The Websites also include information created and published by LAMs (“LAMs Materials”) and third parties (“User Content”), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the LAMs Materials and User Content are referred to as “Content”).
LAMs may modify the TOU to reflect changes in LAMs’s business, applicable law, or for other reasons deemed necessary by LAMs. If the terms of the TOU change, LAMs will provide notice, which may include, but is not limited to notice provided through the Websites or an LAMs user account. Except where prohibited by law, updates to the TOU will apply once the changes have been posted or notice has otherwise been given. Changes to the TOU will, however, not apply retroactively. If You do not agree to changes made to the TOU, You must discontinue your use of the affected LAMs Website, LAMs Materials, or User Content.
LAMs does not claim ownership of User Content that you post, upload, input or submit to any LAMs Website. By posting, transmitting or uploading any User Content, including any article, information, data, code, text, software, documentation, graphic, image, marketing material, video, photograph, message, suggestion, feedback, idea, or posting to any forum, wiki, or blog on any LAMs Website, You grant to LAMs a perpetual, irrevocable (subject to mandatory data protection requirements), non-exclusive, world-wide, fully-paid up and royalty free license to use such User Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license includes, without limitation, irrevocable (subject to mandatory data protection requirements) right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the User Content to third parties; to make, have made, offer to sell, sell, lease, or otherwise distribute any User Content or product; and to practice any method, embodying such User Content (including the right to sublicense any of the foregoing).
You represent and warrant to LAMs that You have the right, title, and/or authority to grant such license to LAMs. LAMs may elect not to post or publish User Content that You submit. If LAMs elects to post or publish Your User Content, LAMs may in its sole discretion withdraw the posted or published User Content for any reason and without notice even if LAMs has previously indicated to You that LAMs might or will post the User Content You have submitted.
You acknowledge and agree that the relationship between You and LAMs is not confidential, fiduciary, or other special relationship. LAMs shall have the right, but not the obligation, to use Your name, likeness, biography and other information about You that You have provided in connection with any use of the User Content You submit, and LAMs may continue to use this information after any termination of your account or Your access to the Websites for the purpose of identifying the source of User Content that you previously submitted. Nothing in this TOU shall prohibit or restrict LAMs’s right to create or obtain User Content or submissions similar to or competitive with the User Content that You have submitted.
The LAMs Websites, the LAMs Materials, and the User Content are for your non-commercial use, that is, your use must not be intended for or directed towards commercial advantage or monetary compensation. You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the LAMs Websites, LAMs Materials, or User Content. You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print LAMs Materials and User Content; provided that: (a) the LAMs Materials and User Content may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media; and (b) the LAMs Materials and User Content may not be modified or altered in any way, including any copyright notices.
You may not use the LAMs Websites in any manner that could damage, disable, overburden, or impair any LAMs server, or the network(s) connected to any LAMs server, or interfere with any other party’s use and enjoyment of any LAMs Website. You may not attempt to gain unauthorized access to any LAMs Website, other accounts, computer systems or networks connected to any LAMs server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the LAMs Websites.
You agree not to use an LAMs Website to:
LAMs may, in its sole discretion, at any time discontinue providing or limit access to the LAMs Websites, any areas of the LAMs Websites, or any LAMs Materials or User Content provided on or through the LAMs Websites. You agree that LAMs may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the LAMs Websites or any LAMs Material or User Content. In the event You are in material breach of the TOU, LAMs may, at its sole discretion, delete Your Content from the LAMs Website, and refuse You any current or future use of a LAMs Website without notice. LAMs shall not be liable to You or any third party for any such suspension or termination.
LAMs is not obligated to evaluate or provide any comments to you regarding User Content that you submit. At LAMs’s sole discretion, LAMs may contact you with critiques, updates, feedback, status or questions regarding your submission. In no event will any such contact or communication from LAMs obligate LAMs to adopt your submission, provide a timeframe for evaluation, or even provide any additional communication regarding your submission.
ALL USER CONTENT POSTED BY YOU TO AN LAMs WEBSITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK, AND LAMs TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF A LAMs WEBSITE.
Before you can order our products or services, You have to provide LAMs with certain information, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing LAMs with Personal Data, You expressly agree that LAMs may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the Websites and related activities and communications in which you agree to participate.
You are responsible for and agree to provide LAMs with complete, true, and current information, including Personal Data. Furthermore, You may request information about Your Personal Data stored with LAMs, or the correction, or deletion of Your Personal Data by contacting firstname.lastname@example.org. Please note that if You request deletion of your Personal Data, You might need to provide your Personal Data again if you wish to use LAMs products and services.
You understand and agree that LAMs collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the LAMs Websites subject to LAMs’s Privacy Statement.
YOU AGREE TO COMPLY WITH THE TERMS OF THE LAMs PRIVACY STATEMENT, WHICH CAN BE FOUND BY CLICKING ON THE ‘PRIVACY’ LINK AT THE BOTTOM OF EACH WEB PAGE ON LAMs WEBSITES.
As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All Intellectual Proprietary Rights to any LAMs Software, the LAMs Websites, LAMs Materials, and User Content belongs to LAMs or the individual or entity that submitted it. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any LAMs Software, the LAMs Websites, any LAMs Materials, or any User Content for any reason, unless otherwise expressly permitted by the TOU or by law. You hereby agree to assign and do assign to LAMs (and LAMs accepts such assignment) any modifications or derivative works of any LAMs Software, the LAMs Websites, and LAMs Materials made by You in contravention of this limitation without remuneration of any kind.
LAMs IS ONLY RESPONSIBLE OR LIABLE FOR THE CONTENT POSTED ON AN LAMs WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CONTENT SHALL BE AT YOUR OWN RISK. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content. LAMs does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any Content provided by third parties on an LAMs Website. LAMs may remove any Content posted on an LAMs Website at LAMs’s sole discretion, but, if You believe that material that You hold the copyright on is being infringed upon on any LAMs website, please notify LAMs through our email email@example.com.
LAMs Websites may contain links to external websites. LAMs shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Additionally, LAMs shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any software, content, goods or services available on or through any such linked websites. LAMs does not control and/or review the linked web-pages and the information provided by third parties.
Your access and use of any software or related documentation, including developer tools and sample code, and any application program interface information provided on an LAMs Website (collectively “Software”) is governed by the software license agreement and related documents and terms (e.g., attachments, exhibits, order form, disclaimers, etc.) (“License Agreement”) that accompany such Software. You may not use or install any Software that is accompanied by a License Agreement unless and until You first agree to the terms of the License Agreement. You must not modify, decompile, or reverse engineer any Software, except to the extent expressly permitted by applicable law or the License Agreement.
In the event that Software provided through an LAMs Website is not accompanied by a License Agreement: the Software may be used solely for your personal, informational, noncommercial purposes; the Software may not be modified or altered in any way; and the Software may not be redistributed.
All LAMs Software is the copyrighted work of LAMs. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including the LAMs Software, is an infringement of the copyright holder’s rights. Information on the process for requesting LAMs’s permission to use any LAMs-owned copyrighted works can be found by clicking on the “Copyright” link at the bottom of each web page on LAMs Websites.
You agree to indemnify and hold LAMs, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of a LAMs Website, Your breach of this TOU, any additional legal terms, or LAMs Privacy Statement, Your unauthorized use of any LAMs-owned Intellectual Property, or Your alleged violation of any other rights of a third party.
LAMs Websites and Content are being provided to You “AS IS”. To the fullest extent allowable by law, LAMs does not guarantee or warrant any features or qualities of any LAMs Website or Content, or give any undertaking with regard to any other quality. Statements and explanations on LAMs Websites and Content in promotional material or on LAMs Website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published LAMs description or advertisement except to the extent LAMs has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of LAMss management.
LAMs will not be liable or responsible in any way for any User Content posted on or linked from an LAMs Website, including, but not limited to, any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Content or other material accessed on or through any LAMs Website and made available by a third party.
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, LAMs AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LAMs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE AN LAMs WEBSITE, LAMs SOFTWARE, OR LAMs MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY LAMs SOFTWARE, LAMs MATERIALS OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON AN LAMs WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON AN LAMs WEBSITE; OR (v) ANY OTHER MATTER RELATING TO AN LAMs WEBSITE OR LAMs MATERIALS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY LAMs AND IN CASE OF LAMs’ STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
IN ALL OTHER CASES, NEITHER LAMs NOR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY KIND OF DAMAGES OR CLAIMS HEREUNDER.
The failure of LAMs to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
The TOU represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.
LAMs Websites may not be accessed or used by proscribed persons who are listed on the Denied Parties list. Further restrictions apply to any end user who will utilize Content provided on an LAMs Website in the design, development or production of nuclear, chemical or biological weapons, or missile systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or any end user who has been prohibited from participating in the export transactions by any agency of the government.
Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use an LAMs Website, Your access of a LAMs Website, including your input User Content, constitutes Your express representation that (1) the person attempting access thereunder is not included on such Denied Parties list, 2) has not been prohibited from participating in export transactions; (3) such use is not restricted. Users shall be fully liable and subject to prosecution to the full extent of the law for any violation of this paragraph.
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE COUNTRY FROM WHICH YOU ARE ACCESSING A LAMs WEBSITE.