Terms of Use
ACCEPTANCE OF TERMS.
Evilware.com (“Evilware”) may modify all or any part of these Terms of Use from time to time without notice to You. You are responsible to check back often so you are aware of your current rights and responsibilities.
The services that Evilware provides to you are subject to the following Terms of Use (“TOU”). Evilware reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.
By using this website you have accepted these Terms of Use. If you do not accept these Terms of Use, do not use the website
Evilware provides you limited use of our website provided you have accepted the Terms of Use. Evilware grants use of our property exclusively to Private Citizens that are human beings of at least 18 years of age. Evilware does not issue use of our property to non human entities, Even if control of non human entities are in direct or indirect or operate without knowledge but are property to you.
Evilware reserves the right to allow non human entities known as web-crawlers or bots to access content on a case per case basis. Web-Crawler owns need to directly contact Evilware for a license for said such web-crawlers.
Your continued use of this website after changes to the Terms of Use have been published constitutes your binding
acceptance of the updated Terms of Use.
If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this website. By not accepting the Terms of Use (TOU) you affirm that you here by revoke your privilege to use; Evilware no longer grants you limited scope of Use. Any further use without acceptance of the Terms of Use (TOU) is copyright infringement of Evilware intellectual property.
Services for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Evilware, Sterling Heights, MI 48313
COPYRIGHT
Evilware either owns the intellectual property rights in the HTML, text, images audio, video, software or other content that is made available on this website, or has obtained the permission of the owner of the intellectual property to make it available on this website. Evilware strictly prohibits the redistribution or copying of any part of this website or content on this website without written permission from Evilware.
Evilware authorizes you to display on your computer, download and print pages from this website provided:
(I) the copyright notice appears on all such printouts,
(II) the information will not be altered,
(III) the content is only used for personal, educational and non-commercial use, and
(IV) you do not redistribute or copy the information to any other media.
Evilware and its affiliates respect the intellectual property of others. If you believe that your work has been copied
in a way that constitutes copyright infringement, please see our Notice and Procedure for Making Claims of
Copyright Infringement located at the bottom of this page.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Evilware server,or the network(s) connected to any Evilware server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Evilware server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
DISCLAIMER
This website and all content, materials, information, software, products and services are provided on an “as is” and “as available” basis. Your use of this website is at your own risk. Evilware makes no warranties or representations, express or implied, as to the functionality or usefulness of this website or any content. Evilware disclaims all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose. Evilware disclaims liability for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, or lost profits, that may result, directly or indirectly, from your use of this website or any content, including without limitation any damage to computer systems, hardware or software, loss of data, or any other performance failures,or any errors, bugs, viruses or other defects that result from or are associated with use of this website or any content.
Evilware makes no warranty that,
(i) the service will be uninterrupted, timely, secure, or error-free,
(ii) the results that may be obtained from the use of the service will be accurate or reliable,
(iii) the quality of any products, services, content, information, or other materials purchased or obtained by you through the service will
meet your expectations,
(iv) any errors in the software will be corrected, or that this website, its content, and the server on which the website and content are available are free of viruses or other harmful components. any material (including content) downloaded or obtained through the use of this website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material. information created by third parties that you may access on this website or through links is not adopted or endorsed by Evilware and remains the responsibility of the third party.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Evilware is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information,software, products or services obtained from Evilware.
LIMITATION OF LIABILITY
to the fullest extent permitted by law, Evilware is not liable for any direct, indirect, punitive, special, incidental,consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the website, even if Evilware has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to (a) the use of or the inability to use the website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the website; ( c) statements or conduct of any third party on the website, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions, or (d) content or information you may download, use, modify or distribute. to the extent any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.
INDEMNIFICATION
Any person or corporation submitting content to this website agrees to defend, indemnify and hold Evilware and its parent, subsidiaries, affiliates, officers, webmasters, predecessors, successors in interest, employees, webhost, internet provider, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such submitted content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by Evilware prior to publishing on the website.
JURISDICTION
This agreement and all claims relating to the relationship between the parties are governed by the Federal laws and the laws of the State of Michigan, U.S.A. without regard to choice of law provisions.
If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
EXPORT CONTROL
By using this website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Evilware makes no claim that content contained on this website is appropriate or may be downloaded outside the United States. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
GLOBAL AVAILABILITY
Evilware controls this site from Detroit, Michigan, USA offices; other Evilware sites may be administered and operated from various locations inside and outside the United States. If you use this website from other locations you are responsible for compliance with applicable local laws. Evilware makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact certain products and services may not be available worldwide
LINKING
This website contains links to other websites and resources and are provided for convenience only. Evilware has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The
inclusion of any link to a website does not imply endorsement by Evilware of the website or their entities, products
or services.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE Evilware’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Evilware AND Evilware 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. Evilware IS NOT RESPONSIBLE FOR CONTENT OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Evilware IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Evilware OF THE SITE.
TRADEMARKS
The trademarks, logos and service marks (“Marks”) displayed on this website are the property of Evilware or
other third parties. You are not permitted to use these Marks without the prior written consent of Evilware
or such third party which may own the Mark. Please see the Evilware Trademark Guidelines and Policies
Linux is a registered trademark of Linus Torvalds.
Dust puppy is trademark of User Friendly Media Inc
The following are TradeMarks of Microsoft Corporation
Access,Active Accessibility,Active Desktop,Active Directory,ActiveMovie,ActiveStore,ActiveSync,ActiveX,Advisor FYI,Aero,Age of Empires,Age of Mythology,Amalga,Ask for Genuine Microsoft Software,Authenticode,AutoRoute,AutoRoute Express,AutoRoute Plus,Azurik,Bankshot Billiards,BattleTech,BitLocker,BizTalk,Blinx,Blood Wake,Blue Dragon,Bookdings,Brute Force.BugLight,Calibri,Cambria,Candara,Carbonated,Games,Cariadings,ClearType,Consolas,Constantia,Convection,Convergence,Corbel,Cortana,Crackdown,Crimson Skies, DataTips,DaunPenh,Dexterity,Digital Anvil, Direct3D, DirectAnimation, DirectBand, DirectDraw, DirectInput, DirectMusic, DirectPlay, DirectShow, DirectSound, DirectX, DreamScene, Drivatar, Encarta, Ensemble Studios, Entourage, ESP, Excel, Exhibition, Expression, Expression Blend, FASA Studio, Finty Flush, FlexGo, Fluent, Forefront, Forza Motorsport, Freelancer, Fringer, FRx Fuzion Frenzy, GameSpring, Game with Fame, Georgia, Gisha, Great Plains, Groove, Habu, Halo, Halo Wars, HDCD, HealthVault, Hexic, High Road to Revenge, Hotmail, HotStart, Hyper-V, Infinite Undiscovery, InfoPath, Inkseine, IntelliMirror,IntelliMorph,IntelliMouse, IntelliSense IntelliShrink, Internet Explorer, Iskoola Pota , It’s Mr. Pants, Jawbreaker, JScript, Kung Fu Chaos, LifeChat, LineDrive, Lionhead, Lips, Lost Odyssey, MapPoint, Marine Mania, Master Chief, Maximum Chase, MechAssault, MechCommander, MechWarrior, Mediaroom, MedVault,Microsoft,Microsoft Dynamics,Microsoft Press,Microsoft Surface,Midtown Madness,Monster Truck Madness,MorphX,Motocross Madness,Mozaki,MS,MS DOS,MSDN,MSN,,MultiPoint,Natural,Navision,NavReady,Nina,Ninety-Nine Nights,OneCare,OneNote,OpenType,OptiMatch,Outlook,OutSmart,People Ready,Perfect Dark Zero,PerformancePoint,PGR,Phantom Dust ,Photosynth,PivotChart,PivotTable,PlayFX,PlayReady,Popfly,PowerPoint,ProClarity Project Gotham Racing,Quantum Redshift,Rally,Rare,ReadyBoost,ReadyDrive,Reclusa,Response Point,Rise of Legends,Rise of NationsRise of Perathia,RoundTable,RP Stylized,Sabre Wulf,SeaDragon, Segoe, Shadowrun, SharePoint ShapeSheet,SideShow,SideWinder,Silverlight,SkyDrive,SmartArt,Smarter Hospitality,Smarter Retailing,SmartShapes,Sneakers,Spaces logo,Spaces for our World,SportsLounge,Starlancer,Starts Here,SteadyState,Sudeki,SuperFetch,SQL Server, Tahoma,Tao Feng
Terminal Services RemoteApp, The Age of Kings,The Code Room,The Hive and Design,The Time Sweeper,TrueSkill,Turn 10,Verdana,Virtual Earth,Visio,Visual Basic,Visual C++,Visual C#,Visual FoxPro,Visual InterDev,Visual J++,Visual J#,Visual SourceSafe,Visual Studio,Viva Piñata,Voodoo Vince,Webdings,Whacked!,Win32,Windows,Windows Cardspace,Windows Live,Windows Media,Windows Mobile,Windows NT,Windows PowerShell,Windows Server,Windows Server System,
Windows start button,Windows Update Icon,Windows Vista,WinFX,Wingdings,Xbox,Xbox 360,Xbox LIVE, XNA,xRank,Your Potential. Our Passion.,Zoo Tycoon,Zune
All other trademarks are the property of their respective owners.
PRIVACY
Evilware reserves the right at all times to disclose any information as Evilware deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Evilware’s sole discretion.
See the Evilware Privacy Policy
Notice and Procedure for Making Claims of Copyright Infringement
To file a notice of infringement with us, please provide the following information to the Evilware-designated copyright agent listed below:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed.
2. A description of the material that you claim is infringing the copyrighted work listed in item #1.
3. An address, telephone number, and an email address where the alleged infringing party can contact you.
4. Your electronic or physical signature.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.