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Terms of Use:


Acceptance of Terms :
TCS Systems, Inc. ("TCS Hotel Software, Inc.") makes available for your use on this Web site (the "Site") Software, information, documents, and products (the "Materials") and various services (the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). Any use of this Web site constitutes your agreement to abide by these Terms of Use and any other terms and conditions specified on the applicable Web page. TCS Hotel Software reserves the right to change the Terms of Use from time to time at its sole discretion. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Guest Tracker Hotel Software Web-Site.

END USER LICENSE AGREEMENT:
Guest Tracker Software and documentation have been fully tested, and are provided "as is" and without warranty of any kind. TCS Hotel Software disclaims all warranties, expressed or implied, including (without limitation) any implied warranties of merchantability or fitness for a particular purpose. Under no circumstances will TCS Hotel Software be liable for any indirect, incidental, special or consequential damages or lost profits or lost business in formation arising out of the use of software and related documentation or caused by any defect, failure or malfunction of the software, whether the claim for such damages is based upon warranty, contract, tort, or negligence. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software. This agreement is part of the Guest Tracker Software installation program which is provided via the Guest Tracker Web-Site or on CD.

INDEMNITY:
You agree to indemnify and hold TCS Hotel Software, and its affiliates, officers, partners, and employees, harmless from any claim, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through or from the use of the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity. You may view, download and print the documents and information available on this Site providing the use of such documents is for informational or personal use only. Use for any other purpose is prohibited by law.


LIMITED LICENSE:
The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, TCS Hotel Software and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of TCS Hotel Software.

WARRANTIES AND DISCLAIMERS:
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND TCS HOTEL SOFTWARE, ALL MATERIALS, SOFTWARE AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TCS HOTEL SOFTWARE MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

TCS HOTEL SOFTWARE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. TCS HOTEL SOFTWARE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND TCS HOTEL SOFTWARE MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

IN NO EVENT SHALL TCS HOTEL SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT TCS HOTEL SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

THE DOWNLOADING OR OTHER ACQUISITION OF ANY SOFTWARE OR MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TCS HOTEL SOFTWARE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

WEB-SITE LINKS:
You may gain access to other web-sites on the Internet through "links" which are not part of the Guest Tracker Hotel Software Web site. The linked sites are not under the control of TCS Hotel Software. TCS Hotel Software is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The provision by TCS Hotel Software of a link to another site does not constitute an authorization by TCS Hotel Software to access materials at that site or an endorsement by TCS Hotel Software of any such materials.

GOVERNING LAW AND JURISDICTION:
These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, USA, without regard to conflict of law principles. All suits, proceedings or claims in connection with these Terms of Use shall be brought in the state or federal courts of the State of New York in the USA and you hereby consent to the jurisdiction and venue of those courts. If any provision of this Terms of use is held by a court of competent jurisdiction to be invalid, unreasonable or unenforceable, such provision or requirement will be enforced only to the extent that it is not invalid, unreasonable or otherwise unenforceable and all other provisions of this Terms of Use shall remain in full force and effect.

EXPORT CONTROL LAWS:
The export and of TCS Hotel Software Products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to any country to which the United States embargoes goods.

COPYRIGHT / TRADEMARKS:
TCS Systems Inc. and names of TCS Hotel Software products referenced in this Web site are trademarks or registered Copyrights of TCS Systems, Inc. Guest Tracker Software © has been registered and is a Copyrighted Intellectual Property under TCS Systems Inc. All other product and company names mentioned herein are or may be the trademarks of their respective owners. The information on this Web site is protected by copyright: Copyright © 2003 TCS Systems Inc., Inc. All Rights Reserved.


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