Last updated: 15 October 2004
(a) PassMark.com is the software development business operated by PassMark Software Pty. Ltd. ("Host").
1.3 Governing law
(b) You agree to submit to the jurisdiction of the Supreme Court of New South Wales in the event of any claim or dispute arising between you and the Host.
2. APPROVAL TO LINK TO THIS SITE
(a) The Host encourages linking to the Host's home page by any person or organisation who has an interest in the products and services provided by the Host..
3. ACKNOWLEDGMENTS AND WARRANTIES BY YOU
3.1 Acknowledgments by you
You acknowledge that:
(a) information contained in or made accessible by the Site:
(i) is general in nature and cannot take into account your particular circumstances;
(ii) is NOT made available to you or the public as professionally binding advice of whatever nature and the Host has no intention to create an advisor relationship with you; and
(iii) represent the views, statements and opinions of the author of any conference paper, article, research paper or other material contained in or made accessible by the Site and does not necessarily represent the views, statements, opinion, knowledge or commitment to a particular course of action of the Host;
(b) links to other websites on the Site:
(i) are not under the control of the Host and may contain computer viruses;
(ii) are inserted for convenience and do not constitute the Host's endorsement of material at those sites, or any associated organisation, product or service; and
(iii) it is your responsibility to make your own investigations, decisions and inquiries about the information retrieved from other websites;
(c) references to the products or services provided by a person or company on the Site do not imply any form of endorsement, non-endorsement, support or commercial gain by the Host of the products or services provided by that person or company;
(d) transmission to or from the Site may be intercepted, used and modified by third parties; and
(e) you are solely responsible for any content submitted by you to the Site.
(f) any content content submitted by you to the Site becomes the property of the Host.
3.2 Warranties by you
You warrant to the Host that you will not:
(b) impersonate any person, entity or corporation, or enter a fictitious name or entity name on any form on the Site;
(c) collect or store personal data about other users of the Site for any purpose;
(d) submit any content that:
(i) infringes the intellectual property rights of any third party;
(ii) is unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity;
(iii) contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of e-mail;
(iv) contains a survey, contest, or pyramid scheme; or
(v) contains viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another computer; or
(e) engage in any other conduct that inhibits any other person from using or enjoying the Site.
4. DISCLAIMER AND LIABILITY
(a) While the information and software contained in or made accessible by the Site has been formulated in good faith and with all due care, the Host does NOT warrant:
(i) its accuracy, currency, reliability and correctness;
(ii) that it is free from errors or omission, or that it is definitive;
(iii) that it is free from computer viruses or other defects; or
(iv) its fitness of purpose for any use.
(b) Before relying on the information contained in or made accessible by the Site, you should independently verify its accuracy, currency, completeness and relevance for your purposes, and you should obtain any appropriate professional advice.
4.2 Limitation of liability
(a) To the maximum extent permitted by law, the information and software stored in or made accessible by the Site, or in response to a request for information or advice, is made available to you on the understanding that the Host and its employees and agents are not liable to you for any loss, damage, cost or expense incurred or arising by reason of you using or relying on the information and whether caused by reason of any error, negligent act, omission or misrepresentation in the information or otherwise.
(b) The Host does not attempt to exclude any rights or remedies which due to the operation of the Corporations Law, Trade Practices Act 1974 or similar State and Territory legislation cannot be excluded. The Host excludes all other conditions and warranties implied by custom, statute or the general law.
(c) To the extent permitted by law, the Host's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of the Host to the supply of the software or information services again.
4.3 Indemnity by you
It is a condition of the use of the Site that you indemnify the authors and operators of the Site against all claims and actions however arising from the use of material, information, advice or links provided in the Site or otherwise provided by the Host, including but not limited to, direct or consequential breaches of copyright, trademark or other intellectual property rights, or contravention of any local, national, or international restrictions on the publication or transmission of content.
5. COPYRIGHT & TRADEMARKS
(a) The Site is copyright. You may download, display,
print and reproduce this material in unaltered form only (retaining this
notice) for your personal, non-commercial use or use within your organisation.
Apart from any use as permitted under the Copyright Act 1968 all other
rights are reserved by the Host.
(b) This Site is protected by Australian and international copyrights in the graphics, design, layout, typography, and expression of information, whether as a compilation or otherwise.
(c) Information on the Site may not be reproduced in whole or in part for general publication or commercial purposes without the permission of the Host.
(d) The Site may contain trademarks, patents, technologies, products, processes or other intellectual property rights of the Host and/or other third parties, or references to such trademarks, patents, technologies, products, processes or other intellectual property rights. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of the Host and/or other third parties is granted to or conferred upon you. Any reproduction or use of any of the content of the Site, without the express written consent of the Host or unless expressly authorised by law, is prohibited.
(e) Windows Vista and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.
(f) 'PassMark' is a register trademark of PassMark Software Pty Ltd.