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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.

54

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.

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