www.ejserver.com

TERMS & CONDITIONS OF USE

Total Library Solutions ( India) Pvt. Ltd.(TLS), New Delhi reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location

Personal and Noncommercial Use

EJ-Server Gateway is for your personal and noncommercial use. As a condition to your continued use of the Web site, you warrant to TLS that you will not use the Web site for any purpose that is unlawful or prohibited by these terms and conditions of use.

No Warranties

USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TLS MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither TLS nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of TLS. TLS reserves the right to change or discontinue at any time any aspect or feature of the Web site.

Exclusion of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TLS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO TLS OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.

Indemnification

You agree to defend, indemnify and hold TLS, its directors, officers, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the EJ Server Gateway, or any content, product or service offered through the tlsindia’s site, in a manner that violates or is alleged to violate these Terms and Conditions. TLS shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Featured Links and Advertisements

The Web site may contain hyperlinks to Web sites offered by parties other than TLS. Such hyperlinks are provided for a purpose of information and convenience only. TLS does not control such other Web sites and is not responsible for their content; nor does TLS's inclusion of hyperlinks to such Web sites imply any endorsement of the material on such Web sites or any association with their operators. Unless otherwise specifically stated on this Web site, TLS does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Web site.

Linking

Unless you are subsequently advised otherwise by TLS, you are hereby licensed to create hyperlinks to the content on the Web site, provided that the hyperlink accurately describes the content as it appears on the Web site. TLS reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the Web site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web site.

None of the material contained on the tlsindia.com & ejserver.com may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise). Violation of this provision may result in severe civil and criminal penalties.

You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from TLS or the copyright owner of the copied material. Requests to reproduce materials on the Web site for distribution or other purposes should be mailed to tls@vsnl.com

Trademarks

"TLS" is trademark or registered trademark of TLS licensed for use by TLS, and are protected by state and federal trademark laws. Other trademarks appear on the Web site are with permission from their respective owners. Your unauthorized use of trademarks appearing on the Web site may constitute trademark infringement, which could subject you to substantial civil penalties.

Termination of Privileges

TLS reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these terms and conditions of use. If TLS receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, TLS may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site.

TLS will not tolerate copyright infringement of any kind. TLS does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending TLS notice that includes all of the following information:

your full name, address and telephone number

your e-mail address

identification of the copyrighted work(s) that you believe is being infringed

identification of the infringing material and information sufficient for TLS to locate the material

Upon receipt of notice complying with the above requirements, TLS will act to remove infringing materials .

Jurisdiction

TLS makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject TLS to the laws or jurisdiction of any state, country or territory.

Ej-Server may place a "cookie" on the browser of your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the Web site. TLS uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so TLS can customize delivery of information to you without compromising privacy.

General

These Terms and Conditions constitute the entire agreement and understanding between you and TLS with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. TLS reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by TLS. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.