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Welcome to the SoftwareJobs.com web site (also referred to as the "Site") powered by Beyond.com, Inc. This agreement contains the terms, covenants, conditions, and provisions (the "Terms and Conditions") upon which you (also referred to herein as "User") may access and use this Site.

By accessing, viewing or using this Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. You represent and warrant that you are of sufficient legal age to use this Site, or agree to supervise minors who use this Site, and that you will be bound to any legal obligations you may incur as a result of using this Site. Please note that Beyond.com reserves the right to change the Terms and Conditions under which this Site and its many offerings are extended to you. Your continued use of this Site following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.

Grant of License. This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. You are authorized to view and access a single copy of the content available on or from Beyond.com (the "Web Site") solely for your personal, noncommercial use. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, you warrant to Beyond.com that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

Intellectual Property Rights. All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Beyond.com does not grant any express or implied right to you. Please be aware that Beyond.com actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are Copyright © 2006 Beyond.com, INC. All rights reserved. Beyond.com also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site's content. Beyond.com^sm, and all other names, logos, and icons identifying Beyond.com's products and services are proprietary marks of Beyond.com, INC. Other product and company names mentioned herein might be the trademarks of their respective owners.

Acceptable Site Use. Users are prohibited from violating or attempting to violate the security of any Beyond.com Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Beyond.com Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Users are prohibited from using any device, software or routine to interfere or attempt to interfere with the proper working of any Beyond.com Site or any activity being conducted on this site. Users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Beyond.com Site other than the search engine and search agents available on such Beyond.com Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Privacy Policy. Beyond.com considers your personal data to be private and operates this Site by keeping any collected information confidential. Please see Beyond.com's Privacy Policy for a summary of Beyond.com personal data collection and use practices. By using this Site, you consent to Beyond.com's collection and use of personal data as outlined therein.

Services Policy. Some of our services are automatically renewed monthly. For these services, payment is due on the first day of the renewal period. Accounts are in default if payment is not received within 30 days after renewal date. Accounts unpaid 30 days after date of invoice will have service interrupted or terminated. Such interruption does not relieve Customer of the obligation to pay the monthly Fee. Only a written request to terminate Customer's service relieves Customer of the obligation to pay the Monthly Fee. Accounts in default are subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. Customer agrees to pay Beyond.com its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. Prices are exclusive of any taxes which may be levied or assessed upon the Equipment or services provided hereunder. Any such taxes shall be paid by Customer. If Customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate at the same time it submits this Agreement. Beyond.com reserves the right to change the rates for this service by notifying Customer 30 days in advance of the effective date of the change, however such rate change will not apply where the customer has prepaid the subscription. Service may be canceled only upon 30 days advance written notice. In the event of early cancellation of a Term Commitment without cause, Customer will be required to pay 100% of Beyond.com's Monthly Fee for each month remaining in the Term Commitment. "Cause" shall be defined as any performance related issue readily attributable to Beyond.com, in which customer has notified website support and Beyond.com has failed to cure such issues in a reasonable time. Beyond.com reserves the right to remove content from postings on the site. This may include information deemed inappropriate by Beyond.com or contact information such as phone numbers, addresses or email addresses in places on the site where other methods of communication are required. This may also include information deemed inappropriate by Beyond.com. If you are not satisfied with your product or service, please call Beyond.com at 610-878-2800.

Fraudulent Credit Card Charges or Fraudulent Claims. All requests to negate charges are investigated by our technical department and customer service department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in cancellation of your card services. Account information collected (including IP address and contact information) relating to any fraudulent charge or claim may be provided to a third party for investigation.

Password Policy. Your use of certain portions of this Site requires a password. Anyone with knowledge of your password can gain access to the restricted portions of this Site and the information available to you. Accordingly, you must keep your Password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective Password, as well as for any communications entered through the Site using your Password. You will also immediately notify Beyond.com if you become aware of any loss or theft of your Password or any unauthorized use of your Password. Beyond.com reserves the right to delete or change a Password at any time and for any reason.

Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Beyond.com has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Beyond.com and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume the sole and complete risk for using this Site.

Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Beyond.com reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. Beyond.com will also comply with all court orders involving requests for such information.

Interaction with Third Parties. Beyond.com may post advertisements of third parties on this Site, including promotions of advertisers, members, or sponsors showing their goods and services on this Site. Your correspondence, purchases, participation in, or any other dealings with third parties found on this Site are solely between you and such third party and such third parties may provide you with other offers or follow up email from this site or other sources. You agree that Beyond.com shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Site. Moreover, Beyond.com shall not be responsible or liable for the accuracy, quality, suitability, currency or content of the statements or conduct of any third party on this Site. You shall not knowingly or intentionally interfere with the display of any advertisement.

Links to Other Sites. Beyond.com may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information and services. These sites have not necessarily been reviewed by Beyond.com and are maintained by third parties over which Beyond.com exercises no control. Accordingly, Beyond.com expressly disclaims any responsibility for the content, the accuracy or currency of the information, and/or quality of products or services provided by or advertised on these third party web sites. Moreover, these links do not imply an endorsement of any third party or any web site or the products or services provided by any third party.

Events Beyond Beyond.com's Control. You expressly absolve and release Beyond.com from any claim of harm resulting from a cause beyond Beyond.com's control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

DISCLAIMERS. WHILE BEYOND.COM ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS THAT MAY AFFECT THE QUALITY OF THE INFORMATION, PRODUCTS OR THIRD-PARTY CONTENT. MOREOVER, THE SITE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON.

YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THIS WEB SITE. BEYOND.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, QUALITY, COMPLETENESS, TIMELINESS, CURRENCY, ACCURACY, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BEYOND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY FOR THE SITE FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE AMOUNT OF $100 US DOLLARS.

Submissions. Beyond.com also welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Beyond.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.

Indemnity. You agree to defend, indemnify, and hold harmless Beyond.com and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of this Agreement.

Governing Law. This Agreement has been made in and will be construed and enforced in accordance with Pennsylvania law, as applied to agreements entered into and completely performed in Pennsylvania. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Pennsylvania, U.S., and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Beyond.com from its offices within the United States. Beyond.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.

Term and Termination. This Agreement will take effect at the time you begin using this Site (thereby indicating acceptance of these Terms and Conditions). Beyond.com reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.

Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Beyond.com of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

Visitor/Beyond.com No joint venture, partnership, employment, or agency relationship exists between you and Beyond.com as a result of this Agreement or your utilization of this Site.

Entire Agreement/Reservation of Rights. These Terms and Conditions and Beyond.com's Privacy Policy, which are hereby incorporated as if set forth fully in these Terms and Conditions, represents the entire agreement between you and Beyond.com with respect to your use of and material available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Beyond.com with respect to this Site. Any rights not expressly granted herein are reserved.