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POLICIES
Third Party advertising
It is our policy not to use third party advertising to generate revenues. Hence Third party Flash players and Vitalize player will be safe to use on our site. Thus there should be no reason to use a Adblocker unless of course you are connected to a slow modem. Our policy is to use objects for presentation of examples, tutorials, or web based tools.
It is against our site policy to force users to use web based plug-ins such as Adobe® Acrobat®, Apple® Quicktime®, Real Media player etc We are opposed to using object that force advertising or in some way collect information about their users.
Site Rating, Violence, Adult Content
It is our policy not to distribute content that is Adult in nature or Violent or host material that is offensive or indecent to listen to, read, view etc or that may upset or disturb. We are sensitive to these issue and will evaluate them.
Discrimination and Cultural Issues
We are not always able to cater to our entire potential audience. ie. Deaf, Blind, physically handicapped, language skill etc. We will where possible cater for such an audience if technically and economically possible.
Fitness for Use
Everything in life is interpreted through rose colored glasses, and confronted with limits and assumptions both exposed and hidden. We provide information, materials, applications etc ‘as is’ for your consumption and take reasonable care.
However BE WARNED
We cannot be held responsible for issues arising out of the use of materials or advice provided by us. Nor can we envisage changing circumstances which may affect the viability of any solutions provided, or periodic variables which may arise. It is up to you to certify the fitness of use for your particular purpose any supplied information, analysis etc and reevaluate such items as required.
Intellectual Property issues
Trademark Infringements
If you or your organization feels that we are infringing on your registered trademark or marks in any way. Please send us a courtesy E-mail stating your particulars, trademark or marks including registered class, categories and countries so that we can examine your claim. Registered claimed trademarks used in writing eg “What matters most” which are being inappropriately used will not be recognized. Unregistered trademarks will also be examined but may not be able to lay claim to them. However we will examine such claims.
Trading Name and Business Name Clashes
Where issues arise to were references are made to trading names ie a Product is so named to equal a trading Name or Business Name or another Product of similar name. Please send us a courtesy E-mail stating your particulars, country, market, date trading commenced etc. showing us just cause as to why we must rename our service or product, So that we can consider the issue.
Copyright Infringements
Should you feel that we have in some way infringed on your copyright, Please send us a courtesy E-mail outlining the case for copyright infringement. ie. year of publication, medium, reference scope of work. We will then take appropriate action to rectify the issue if required or advise you otherwise.
Individual / Business / Corporate Secrets
If something is revealed that is a secret you can be rest assured that it has been independently found or published before hand. After all we do a lot of research in many areas. Don’t be disheartened. Contact us at the most earliest possible time and we may be able to come to some arrangement to help keep the secret.
Patients and Design Patients Infringements
If you wish to file for a Patient or Design Patient infringement, you must be prepared to protect you or your companies patented invention. Should you fell an infringement has taken place, please send us a courtesy E-mail, which must supply the relevant patient information. i.e. Countries registered in, patient number, date registered, date filed etc. So that we may assess your claims.
In particular a number of countries have fast tracked patients which are poorly examine and may in fact contain prior art.
Acknowledgments
It is our policy to acknowledge our suppliers of tools, components and any other contributing material free or otherwise. Should you feel that we have used your material without proper acknowledgment please send use a courtesy E-mail.
License Claims
In all cases we seek to obtain the necessary licensees and rights to materials used throughout our business dealings. However it is envisaged that from time to time we may be missing the appropriate license for something, in which case please send us a courtesy E-mail so we can investigate the matter. Please be advised however that we do intermingle applications data which may produce the impression that licenses have not been appropriated correctly. ie. Add on media like graphics from one application to another etc.
Agreement between parties
An agreement does not exist between parties were the agreement is not in writing and acknowledge between the two parties. For example were a license is not strongly attached to a file i.e. by serial number purchased from the supplier. And a supplier requests that payment to be made retrospect have been shown not be enforceable by the law. It is not our intention to break licensee agreements but parties wishing to use such instruments should either seek legal and technical advice before proceeding to draft such agreements; which in many cases are not enforceable.
Derived works from Copyright/Patient materials
It should be realized by the suppliers of Copyright/Patient material that a licenses does not protect their works from modification, encapsulation, etc. by restricting such modification. ie. a supplier supplies a DLL that is faulty and requires repair, it is perfectly in the rights of the owner/third party to modify and extend the DLL functionality on behalf of the owner. It is however unlawful to distribute the original work or even the new derived work if you do not hold license from the rightful creators. But it not an offense to distribute instructions andor materials to modify such works. But remember that the new instructions andor materials are also protected by intellectual property rights of the new creator. Strangely the original owner cannot modify there works to the new works without infringing on the intellectual property rights of the second creator. This is a fundamental concept / principle in Intellectual property law. Suppliers however often seek to restrict modification or repair through license agreements. Licensers often use instruments such as warranties invalidation, etc which they are able to enforce to curtail third party engineering. Which are to a certain extent effective, however where warranty is disclaimed the case for protection is made weaker
It import to also realize that one cannot license in such a way as to restrict trade or monopolies or restrict competition. These are all unfair trade practices.
It is our intention to use this instrument to enhances our customers experience which have been supplied by a vendor who’s products required repair, modification, macro enhancements or upgrade to suit our clients specialist needs or to work more effectively with other software.
It is our policy to notify suppliers of such instruments as a courtesy(where we can). At which point suppliers will also be are able to purchase the right to such modifications. (Note that those modification made are copyrighted automatically and may even be patented and hence the vendor does not have automatic rights to those additions or alterations, which may affect future development.)
Entrapment of claim
Should you feel that you may register a trademark, patient or claim a copyright unlawfully. Be warned the internet has many archives, and onus is on you to prove infringement and economic loss. It is not enough to prove infringement only in front of a Judge generally, you must also prove economic losses if you are going to seek compensation for such a loss. So before you think a criminal scheme like that is going to work, be warned you might be wasting your time and money.
Law Relevancy
The internet is big and connects many cultures, races, languages etc together. Laws and customers in one region vary greatly to another. Laws, standards, regulations, polices may be drafted which may be uneconomical for us to comply with or simply impractical. ie. Software which is blocked for import or export were prior art exists or is public knowledge.
Sometime government, regulators etc make rules, regulations etc without understanding the underlying technology, and they simply do not make sense.
In law, is not a defense pled “to be ignorant of the law”. However knowing the laws etc of every place in the world is almost impossible.
But is our intention to comply with laws, regulations etc. So please send us a courtesy E-mail and let us know if you think we are breaking something in some ways.
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