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ACCEPTANCE OF TERMS.
The services that Debyt provides to you are subject to the
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.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Debyt provides you
with access to a variety of resources, including developer tools,
download areas, communication forums and product information (collectively
"Services"). The Services, including any updates, enhancements,
new features, and/or the addition of any new Web properties, are
subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are 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 the
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
Privacy Statement disclosures relating to the collection and
use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the
Services ("Software") is the copyrighted work of Debyt and/or
its suppliers. Use of the Software is governed by the terms of
the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). An end user
will be unable to install any Software that is accompanied by or
includes a License Agreement, unless he or she first agrees to
the License Agreement terms.
The Software is made available for download solely for use by
end users according to the License Agreement. Any reproduction
or redistribution of the Software not in accordance with the
License Agreement is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS
SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY
THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE
LICENSE AGREEMENT, Debyt CORPORATION HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, Debyt MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR
USE AND/OR DOWNLOAD. Debyt DOES NOT MAKE ANY ASSURANCES WITH
REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES
FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT
THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN Debyt
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded
from the 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 Debyt Corporation, One Debyt Way,
Redmond, WA 98052-6399.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears in all
copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services is
for informational and non-commercial or personal use only and
will not be copied or posted on any network computer or
broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as
K-12, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for
distribution in the classroom. Distribution outside the
classroom requires express written permission. Use for any other
purpose is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Documents specified above do not include the design or layout
of the Debyt.com Web site or any other Debyt owned, operated,
licensed or controlled site. Elements of Debyt Web sites are
protected by trade dress, trademark, unfair competition, and
other laws and may not be copied or imitated in whole or in
part. No logo, graphic, sound or image from any Debyt Web site
may be copied or retransmitted unless expressly permitted by
DEBYT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES
FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DEBYT AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. IN NO EVENT SHALL DEBYT AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DEBYT
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE
ON THIS WEB SITE.
IN NO EVENT SHALL DEBYT AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you
must complete the registration process by providing us with
current, complete and accurate information as prompted by the
applicable registration form. You also will choose a password
and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that
occur under your account. You agree to notify Debyt immediately
of any unauthorized use of your account or any other breach of
security. Debyt will not be liable for any loss that you may
incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be
held liable for losses incurred by Debyt or another party due to
someone else using your account or password. You may not use
anyone else's account at any time, without the permission of the
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 Debyt server, or the network(s) connected to any
Debyt 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 Debyt 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.
USE OF SERVICES
The Services may contain e-mail services, bulletin board
services, chat areas, news groups, forums, communities, personal
web pages, calendars, photo albums, file cabinets and/or other
message or communication facilities designed to enable you to
communicate with others (each a "Communication Service" and
collectively "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to
the particular Communication Service. By way of example, and not
as a limitation, you agree that when using the Communication
Services, you will not:
Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk
email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others.
Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information.
Upload, or otherwise make available, files that
contain images, photographs, software or other material
protected by intellectual property laws, including, by
way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have
received all necessary consent to do the same.
Use any material or information, including images or
photographs, which are made available through the
Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary
right of any party.
Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any
other similar software or programs that may damage the
operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Services specifically allows such
Download any file posted by another user of a
Communication Service that you know, or reasonably
should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
Falsify or delete any copyright management
information, such as author attributions, legal or other
proper notices or proprietary designations or labels of
the origin or source of software or other material
contained in a file that is uploaded.
Restrict or inhibit any other user from using and
enjoying the Communication Services.
Violate any code of conduct or other guidelines which
may be applicable for any particular Communication
Harvest or otherwise collect information about
others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading
Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of
users of the Services or other user or usage information
or any portion thereof.
Debyt has no obligation to monitor the Communication Services.
However, Debyt reserves the right to review materials posted to
the Communication Services and to remove any materials in its
sole discretion. Debyt reserves the right to terminate your
access to any or all of the Communication Services at any time,
without notice, for any reason whatsoever.
Debyt reserves the right at all times to disclose any
information as Debyt 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, in Debyt's sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children in any
Communication Services. Debyt does not control or endorse the
content, messages or information found in any Communication
Services and, therefore, Debyt specifically disclaims any
liability with regard to the Communication Services and any
actions resulting from your participation in any Communication
Services. Managers and hosts are not authorized Debyt
spokespersons, and their views do not necessarily reflect those
Materials uploaded to the Communication Services may be
subject to posted limitations on usage, reproduction and/or
dissemination; you are responsible for adhering to such
limitations if you download the materials.
MATERIALS PROVIDED TO DEBYT OR POSTED AT ANY DEBYT WEB SITE.
Debyt does not claim ownership of the materials you provide
to Debyt (including feedback and suggestions) or post, upload,
input or submit to any Services or its associated services for
review by the general public, or by the members of any public or
private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are granting Debyt,
its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their
Internet businesses (including, without limitation, all Debyt
Services), including, without limitation, the license rights to:
copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to
publish your name in connection with your Submission; and the
right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Debyt is under no obligation to
post or use any Submission you may provide and Debyt may remove
any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission as
all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation set forth
above, by Posting a Submission that contain images, photographs,
pictures or that are otherwise graphical in whole or in part ("Images"),
you warrant and represent that (a) you are the copyright owner
of such Images, or that the copyright owner of such Images has
granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and
purpose of your use and as otherwise permitted by these Terms of
Use and the Services, (b) you have the rights necessary to grant
and (c) that each person depicted in such Images, if any, has
provided consent to the use of the Images as set forth in these
limitation, the distribution, public display and reproduction of
such Images. By Posting Images, you are granting (a) to all
members of your private community (for each such Images
available to members of such private community), and/or (b) to
the general public (for each such Images available anywhere on
the Services, other than a private community), permission to use
your Images in connection with the use, as permitted by these
example, and not as a limitation, making prints and gift items
which include such Images), and including, without limitation, a
non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Images without
having your name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The
licenses granted in the preceding sentences for a Images will
terminate at the time you completely remove such Images from the
Services, provided that, such termination shall not affect any
licenses granted in connection with such Images prior to the
time you completely remove such Images. No compensation will be
paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
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.
Notice and Procedure for Making Claims of Copyright Infringement.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE DEBYT'S SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF DEBYT AND DEBYT 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. DEBYT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM
OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DEBYT IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DEBYT OF THE
UNSOLICITED IDEA SUBMISSION POLICY.
DEBYT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES.
PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO
AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN DEBYT'S
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO DEBYT. SO, PLEASE DO NOT SEND YOUR UNSOLICITED
IDEAS TO DEBYT OR ANYONE AT DEBYT. IF, DESPITE OUR REQUEST THAT
YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT DEBYT MAKES NO ASSURANCES THAT YOUR IDEAS
AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE & FAQ.
© 2007 Debyt Corporation. All rights reserved.
The following is provided for informational purposes only and
should not be construed as legal advice. If you need legal
advice, contact a lawyer.
What is copyright?
Copyright law protects original
works, such as websites, books, music, paintings, photos and video. A
work is “original” if it contains some elements you created and did not
borrow from others. Typically, when you create an original work, you own
the copyright. As the copyright owner, you can control how others use
your work. For example, if you write a movie script, you have the right
to, and can prevent others from, copying your script, sharing it with
others (“distributing it”), making a movie or book from your script (a “derivative
work”), or publicly performing your script as a play or movie. You also
have the ability to sell or give away these rights. In other words, you
could sell the right to make a movie based on your script to a movie
If you use someone else’s copyrighted materials without
permission, that use generally violates the copyright owner's
exclusive rights, and is copyright infringement. So if you
create a new work and include parts of other people’s works in
it (such as an existing photo, lengthy quotes from a book or a
loop from a song), you must own or have permission to use the
elements you borrow. For example, if your script is based on an
existing popular series, you should obtain permission to use the
elements you borrow from the series.
Copyright law is different from the law of personal property.
If you buy a physical object, such as a movie on DVD, you own
the physical object. You do not, however, obtain ownership of
the “copyrights” (the rights to make copies, distribute, make
derivatives and publicly perform or display) in the content of
the movie. The fact that you have obtained physical possession
of a DVD does not automatically grant you the right to copy or
If you make your own movie, it may include many copyrighted
works in it. So, if you decide to make a movie based on your
script, you must either create all elements of it on your own,
or have permission to use the elements you borrow. Especially
keep in mind that photos or artwork hanging on the walls of your
sets and music on the soundtrack (even if you own the CD or MP3)
may be copyrighted. You should not include copyrighted works
such as these in your movie without authorization.
A few other things to keep in mind are:
Just because a work does not include a copyright
notice (e.g., © 2006 Debyt Corporation) does not mean
the work is in the public domain. Copyright notices are
generally not required for works to be protected by
Just because a work is easily available on the
internet or elsewhere does not mean you may use the work
that explain how works you find on the Internet may be
Isn't it in the public domain?
Just because a work is
freely available, does not mean it is in the “public domain.” Copyright
is for a limited term; it does not last forever. In the copyright
context, “public domain” means the copyright term has expired. Once a
work is in the public domain, it may be freely used without permission
from the copyright owner.
Determining the term of copyright can be complex,
particularly because copyright laws vary from country to
country. Also, even if the copyright on a work has expired, you
should be careful about how you use a public domain work. For
example, a book may be in the public domain, but it might not be
ok to scan the book cover to cover and post it on the internet.
This is because the particular version of the book may contain
new copyrightable material that is not in the public domain,
such as cover art or footnotes.
What about fair use?
In limited situations, you can use
copyrighted works without permission from the copyright holder. It can
be difficult to figure out whether use of copyrighted works without
permission is legal, though, because the laws in this area are often
vague and vary from country to country.
The copyright law in the United States has a doctrine called
“fair use”. Fair use provides a defense to copyright
infringement in some circumstances. For example, fair use allows
documentary filmmakers to use very short clips of copyrighted
movies, music and news footage without permission from the
copyright owner. Fair use is a difficult concept because
determining whether something is a fair use involves weighing
four factors. Unfortunately, weighing the fair use factors
rarely results in a clear-cut answer.
Rather than applying a fair use test, many other countries
have specific exceptions to copyright infringement. The number
and type of exceptions vary by country, but they frequently
allow copyrighted materials to be used without permission from
the copyright holder for activities such as nonprofit research,
teaching, news reporting, or private study.
If you incorrectly decide that something is a fair use or
falls into an exception to copyright infringement, you could be
held criminally and civilly liable and have to pay damages. We
suggest you talk to a lawyer if you have questions regarding
fair uses of copyrighted works.
What happens if you upload copyrighted materials to one of
our websites without permission?
By law, we are required to take
down videos, music, photographs or other content you upload onto a
website hosted by Debyt if we learn that it infringes someone else’s
copyright. If you believe that we have mistakenly taken down content you
uploaded that you own or have permission to upload, you can also let us
know that. Finally, if you upload infringing content repeatedly, we will
terminate your account and you could face criminal and civil penalties.
So please, respect other people’s copyrights.
What if my stuff is on a Debyt website without my permission?
If you believe that anything on a website hosted by Debyt infringes your
copyright, let us know. Just provide us with the information requested
and we will see that your copyrighted works are taken down.
I want to share my content, but...
Many of our websites
and services allow you to share content you create, such as video, music
and photographs. Though there is no way for us to ensure that your
content will not be misused when you share it online, you may consider
making it available under a Creative Commons License.
Creative Commons licenses are a simple way for you to let
people know what uses they can make of your creative works and
under what conditions. Creative Commons licenses are
customizable based on your preferences and are automatically
generated through the use of an online form. The form includes
questions such as whether your work may be used only for non-commercial
purposes and whether the work may be modified. As such, a
variety of licenses are possible. For example, an “attribution
only” license allows others to make any use of your work as long
as they indicate that you are the copyright holder.
Creative Commons is continually developing new licenses
tailored to needs identified by creative people like you. To
learn more about Creative Commons, or to prepare a Creative
Commons license, visit their website (http://creativecommons.org/).
What if I don't want my website crawled?
services (MSN Search and Windows Live Search) follow the Robots
Exclusion Standards. This means that you can control which pages Debyt
search engines index and how often Debyt bots access your website. To
learn how to do so, or for more information regarding Debyt’s
webcrawling and site indexing practices, please visit