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Terms & Conditions:
Downloading Software
All software and documentation available for download from the RCAT Web Site is the copyrighted work of RCAT and East Los Angeles College. The copyright holder retains software and documentation ownership. You are only licensed to use the software subject to certain restrictions contained in the end user license agreement accompanying such software. You expressly agree that any software or other RCAT/ELAC Site Content
downloaded or otherwise obtained through the use of the RCAT Web Site is done at your own discretion and risk, and that you will be solely responsible for any damage to your network or computer system or loss of datathat results from the download of software or other RCAT Site Content.
Limitation of Liability
IN NO EVENT WILL RCAT, EAST LOS ANGELES COLLEGE, ITS EMPLOYEES, DISTRIBUTORS, DISTRIBUTEES, SUPPLIERS, MERCHANT BUSINESS ASSOCIATES, ADVERTISERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS, AND AFFILIATES (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF OR YOUR USE OR INABILITY TO USE THE RCAT WEB SITE OR SITE CONTENT, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PROTECTED PARTIES' MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT (INCLUDING ANY BREACH THEREOF) EXCEED THE REVENUE RECEIVED BY A PROTECTED PARTY ATTRIBUTABLE TO YOUR USE OF THE RCAT WEB SITE OR SITE CONTENT.
Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations and exclusions may not apply to you.
Links to Third Party Web Sites
The RCAT website includes links to various third-party websites. RCAT is providing these links solely as a convenience. Such linked third-party sites are not under the control of RCAT, RCAT has not reviewed all of the sites linked from the RCAT website, and RCAT is not responsible or liable for the contents available at any such linked site. The appearance of a third-party link on this site does not imply RCAT’s endorsement of the linked site, its sponsor, or any products or services offered on the linked site. The use of any linked site is at your own risk.
Indemnity
You agree to indemnify, defend, and hold harmless RCAT, East Los Angeles College, its parent, affiliates, and subsidiaries and their respective officers, employees, directors, agents, suppliers, contractors, employees and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from: (1) your breach of this Agreement or of any representation or warranty made by you in this Agreement; (2) your Submissions; and/or (3) your activities in connection with the RCAT website or Site Contents.
Binding Arbitration
Any controversy or claim arising out of or relating to this use (including any breach thereof), the RCAT Site, or Site Content shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction t
hereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. T
he foregoing
shall not preclude RCAT from seeking any injunctive relief in State or Federal courts for protection of RCAT’s or RCAT’s licensor's intellectual property rights.
Applicable Laws and Jurisdiction
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the RCAT website and your purchase of the products and services on the RCAT website.
The Site Content and/or products and services available through the RCAT website are subject to United States export controls and may not be accessed or used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You hereby agree to the foregoing and represent and warrant that you are not a national, resident, or under the control of any such country or on any such list.
RCAT makes no representation that Site Content is appropriate or available for use in any location, and accessing the RCAT website or Site Contents from jurisdictions where their contents are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction.
Copyrights and Trademarks
The RCAT website and Site Content is the property of RCAT and its licensors and is protected by United States and International copyright laws. All copyright, trademark, and other proprietary rights in the RCAT site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by RCAT at the RCAT website are reserved to RCAT and its licensors.
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