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compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement
or otherwise) that contradict the conditions of this License, they do
not excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence
you may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program
by all those who receive copies directly or indirectly through you,
then the only way you could satisfy both it and this License would
be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable
under any particular circumstance, the balance of the section is
intended to apply and the section as a whole is intended to
apply in other circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of
any such claims; this section has the sole purpose of protecting
the integrity of the free software distribution system, which is
implemented by public license practices. Many people have
made generous contributions to the wide range of software
distributed through that system in reliance on consistent
application of that system; it is up to the author/donor to decide
if he or she is willing to distribute software through any other
system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is
believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this
License may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only in
or among countries not thus excluded. In such case, this License
incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to time. Such
new versions will be similar in spirit to the present version, but
may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the
Program specifies a version number of this License which applies
to it and “any later version”, you have the option of following the
terms and conditions either of that version or of any later version
published by the Free Software Foundation. If the Program does
not specify a version number of this License, you may choose any
version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other
free programs whose distribution conditions are different, write
to the author to ask for permission. For software which is
copyrighted by the Free Software Foundation, write to the Free
Software Foundation; we sometimes make exceptions for this.
Our decision will be guided by the two goals of preserving the
free status of all derivatives of our free software and of
promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE
IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED
BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN
WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR
AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR
ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR
DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR
LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF
THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Clara.net - Terms and Conditions (U.K. Only)
You must read these terms and conditions before accessing
Claranet. By accessing Claranet you agree to be bound by the
terms and conditions set out below.
1. Definitions
1.1 “You” means the user, “ Claranet “ means Claranet
Limited, “Services” means all services provided by Claranet.
2. Exclusion of Warranties
2.1 Save as expressly set out herein, all conditions or
warranties which may be implied or incorporated into these
terms and conditions by law or otherwise are hereby expressly
excluded to the extent permitted by law. In no circumstances
whatsoever will Claranet be liable for economic, indirect or
consequential loss.
2.2 Claranet and the Services are provided on an “as is” and
“as available” basis and we make no warranties or
representations, whether express or implied, in relation to
Claranet or the Services, including but not limited to, implied
warranties or conditions of completeness, accuracy, satisfactory
quality and fitness for a particular purpose.
3. Limitation of Liability
3.1 You acknowledge that Claranet is unable to exercise
control over the content of the information passing over the
Claranet connection and/or the Claranet network and/or the
Service, and Claranet hereby excludes all liability of any kind for
the transmission or reception of infringing information of
whatever nature.
3.2 You agree that, except for death and personal injury
arising from our negligence, we shall not be liable in contract,
tort, negligence, statutory duty or otherwise, for any loss or
damage whatsoever arising from or in any way connected with
these terms and conditions, including, without limitation,
damage for loss of business, loss of profits, business interruption,
loss of business information, or any other pecuniary loss (even
where we have been advised of the possibility of such loss or
damage).
3.3 You agree to indemnify and hold Claranet harmless from
any claim brought by a third party resulting from your use of the
Claranet connection and/or the Claranet network or Services,
including but not limited to infringement of any intellectual
property right of any kind, legislation or regulation. You shall
defend and pay all costs, damages, awards, fees (including
reasonable legal fees) and judgements finally awarded against
Claranet arising from such claims, and shall provide Claranet with
notice of such claims, full authority to defend, compromise or
settle such claims and reasonable assistance necessary to defend
such claims, at your sole expense. Such actions will be taken in
consultation with you.
4. Suspension of Services
4.1 Claranet may at any time suspend provision of any Services
in whole or in part until further notice with immediate effect if:
a) Claranet is obliged to comply with an order, instruction
or request of Government, an emergency services
organisation, or other administrative authority, or
b) Claranet needs to carry out work relating to upgrading
or maintenance of the Claranet network but providing
that Claranet has given you a reasonable period of
notice practicable in the circumstances, or
c) the telephone calling line identification is blocked from
the telephone line which you use to access Claranet, or
d) You breach any clause contained in these terms and
conditions.
4.2 If Claranet exercises its right of suspension in respect of
an event referred to in this Clause, this will not exclude its right
to terminate your account later in respect of that or any other
event, nor will it prevent Claranet from claiming damages from
you resulting from such event if you are in breach of these terms
and conditions.
5. Calling Line Identification
5.1 You must make sure that the telephone calling line
identification is not blocked from the telephone line which you
use to access Claranet.