Acceptance of terms
Sabu Francis & Associates ("SFA")
makes this Web site (the "Site"), including all information, documents,
communications, files, text, graphics, software, and products available
through the Site (collectively, the "Materials") and all services operated
by SFA and third parties through the Site (collectively, the "Services"),
available for your use subject to the terms and conditions set forth in
this document and any changes to this document that SFA may publish from
time to time (collectively, the "Terms of Use").


By accessing or using this Site in any way, including, without
limitation, use of any of the Services, downloading of any Materials, or
merely browsing the Site, you agree to and are bound by the Terms of
Use.


SFA reserves the right to change the Terms of Use and other guidelines
or rules posted on the Site from time to time at its sole discretion, and
will provide notice of material changes on the home page of the Site. Your
continued use of the Site, or any Materials or Services accessible through
it, after such notice has been posted constitutes your acceptance of the
changes. Your use of the Site will be subject to the most current version
of the Terms of Use, rules, and guidelines posted on the Site at the time
of such use. You should periodically check the "Terms of Use" link on the
Site's home page to view the then-current terms. If you breach any of the
Terms of Use, your authorization to use this Site automatically
terminates, and any Materials downloaded or printed from the Site in
violation of the Terms of Use must be immediately destroyed.


Defined terms
All user-supplied information, materials,
files, communications, and documents are referred to collectively as "User
Content." "SFA Content" means all Materials provided by SFA. User Content
and SFA Content may have different restrictions and conditions associated
with them.


Types of users
Please be aware that certain activities on
this Site are available only to persons who are covered under a paid or
trial subscription agreement with SFA ("Clients") and persons invited by
Clients to participate in such activities.


Intellectual property; limited license to users
The Materials
and Services on this Site, as well as their selection and arrangement, are
protected by copyright, trademark, patent, and/or other intellectual
property laws, and any unauthorized use of the Materials or Services at
this Site may violate such laws and the Terms of Use. Except as expressly
provided herein, SFA and its suppliers do not grant any express or implied
rights to use the Materials and Services. You agree not to copy,
republish, frame, download, transmit, modify, rent, lease, loan, sell,
assign, distribute, license, sublicense, reverse engineer, or create
derivative works based on the Site, its Materials, or its Services or
their selection and arrangement, except as expressly authorized herein. In
addition, you agree not to use any data mining, robots, or similar data
gathering and extraction methods in connection with the Site.


Use of Services
When using Services on this Site that are
offered by SFA, you shall be subject to any posted guidelines, rules, or
licenses applicable to such Services and to the Terms of Use. Such
guidelines, rules, or licenses may contain terms and conditions in
addition to those in the Terms of Use.


In addition to the Materials and Services offered by SFA, this Site
also makes available materials, information, and services provided by
third parties (collectively, the "Third-Party Services"). The Third-Party
Services are governed by separate license agreements that accompany such
services. SFA offers no guarantees and assumes no responsibility or
liability of any type with respect to the Third-Party Services, including
any liability resulting from incompatibility between the Third-Party
Services and the Materials and Services offered by SFA. You agree that you
will not hold SFA responsible or liable with respect to the Third-Party
Services or seek to do so.


Use of software
The software and accompanying documentation
that is made available to download from this Site is the copyrighted
and/or patented work of SFA and/or its suppliers. Use of the software is
governed by the terms of the license agreement that accompanies or is
included with such software. Such terms are available for review and are
incorporated herein by this reference. You will not be able to download or
install any software that is accompanied by or includes a license
agreement unless you agree to the terms of such license agreement. If you
do not agree to such terms, you will not be able to use the software.
Absence of a license agreement that accompanies the software, use of the
software will be governed by the Terms of Use. You agree that you will not
decompile, reverse engineer, or otherwise attempt to discover the source
code of the software available on the Site, unless the specific software
has been released using one of the open-source licenses (GPL, etc.)


Use of SFA Content and User Content
Except as indicated to
the contrary elsewhere on this Site, you may view, download, and print the
SFA Content and User Content available on this Site subject to the
following conditions:




  1. The SFA Content and User Content may be used solely for personal,
    informational, and internal purposes.

  2. The SFA Content and User Content may not be modified or altered in
    any way.

  3. The SFA Content and User Content on the Site may not be distributed
    or sold, rented, leased, or licensed to others.

  4. You may not remove any copyright or other proprietary notices
    contained in the SFA Content and User Content.

  5. SFA reserves the right to revoke the authorization to view,
    download, and print the SFA Content and User Content available on this
    Site at any time, and any such use shall be discontinued immediately
    upon notice from SFA.

  6. The rights granted to you constitute a license and not a transfer of
    title.


The rights specified above to view, download, and print the SFA Content
and User Content available on this Site are not applicable to the design
or layout of this Site. Elements of this Site are protected by trade dress
and other laws and may not be copied or imitated in whole or in part.


Trademark information
The trademarks, logos, and service
marks ("Marks") displayed on this Site are the property of SFA or other
third parties. You are not permitted to use the Marks without the prior
written consent of SFA or such third party that may own the Marks. SFA and
the SFA logo are trademarks of Sabu Francis & Associates.


For a current list of SFA's Marks, as well as certain third-party
Marks, please refer to trademark information.


License to SFA for User Content
Certain Services offered
through this Site accommodate or require User Content. Depending upon the
nature of the Service, by submitting User Content to this Site, you grant
SFA one of the following types of licenses:




  1. For User Content that is the result of your creative efforts and
    which is intended to be displayed on the Site, such as examples of work
    you have done using SFA products, you grant SFA a worldwide,
    royalty-free, non-exclusive license to modify (for purposes of
    formatting, maintenance, or Site administration only) and reproduce such
    User Content. You also grant SFA the right to distribute and publicly
    display and perform such User Content for the purpose for which such
    User Content was submitted to the Site. This license will be in effect
    until such User Content is removed from the Site. If you submit User
    Content to the Design Review service, you acknowledge that such content
    may be modified and annotated, and SFA may display the User Content
    together with such modifications and annotations solely for purposes of
    the Design Review service. You acknowledge and agree that any User
    Content you submit to SFA Studio Exchange, such as actions or
    extensions, may be downloaded, modified, reproduced, and distributed by
    users of this Site.

  2. For User Content such as comments to the SFA User to User Forums,
    bug reports, piracy reports, or product suggestions, you grant SFA and
    the users of this Site an unrestricted, worldwide, irrevocable license
    to use, reproduce, display, perform, modify, transmit, and distribute
    such User Content, and you also agree that SFA is free to use any ideas,
    concepts, know-how, or techniques that you send us for any purpose
    without any compensation to you. However, we will not release your name
    or otherwise publicize the fact that you submitted such User Content to
    us unless: (a) you grant us permission to do so; (b) we first notify you
    that the User Content you submit to a particular part of the Site will
    be published or otherwise used with your name on it; (c) we have a good
    faith belief that we are required to do so by law and/or in response to
    a subpoena or court order; or (d) we believe it necessary in order to
    protect the rights of SFA or others.


Prohibited communications
You may submit only User Content or
Design Content to the Site that is (a) owned by you, (b) submitted with
the express permission of the owner or within the scope of the license to
such content, or (c) in the public domain. You are prohibited from posting
or transmitting to or from this Site any unlawful, threatening, harassing,
libelous, offensive, defamatory, obscene, or pornographic materials, or
other materials that would violate any law or the rights of others,
including, without limitation, laws against copyright infringement, and
rights of privacy and publicity. Violation of these restrictions may
result in denial of or limitations on access by you to this Site.


User conduct
In using the Site, including all Services and
Materials available through it, you agree:



    not to disrupt or interfere with any other user's enjoyment of the
    Site or affiliated or linked sites;
    not to upload, post, or
    otherwise transmit through the Site any viruses or other harmful,
    disruptive, or destructive files;
    not to create a false identity;

    not to use or attempt to use another's account, password, service,
    or system without authorization from SFA;
    not to access or attempt
    to access any Design Content which you are not authorized to access;

    not to disrupt or interfere with the security of, or otherwise cause
    harm to, the Site, or any Services, Materials, system resources,
    accounts, passwords, servers, or networks connected to or accessible
    through the Site or any affiliated or linked sites.


Managing content and communications
Although it is not our
intention to do so, SFA reserves the right, in its sole discretion, to
delete or remove User Content from the Site and to restrict, suspend, or
terminate your access to all or part of this Site, at any time if we have
cause to do so (including, without limitation, our good faith belief that
you have violated the Terms of Use) without prior notice or liability. In
addition, SFA reserves the right to delete or remove Design Content if the
relevant subscription has expired or lapsed or if SFA has a good faith
belief that the user posting such Design Content has violated these Terms
of Use, or any law or regulation, or that such deletion or removal is
necessary to comply with the law or to protect the rights of SFA or
others.


SFA may, but is not obligated to, monitor or review (i) any areas on
the Site where users transmit or post User Content, including but not
limited to areas where Services are available, or chat rooms, bulletin
boards, or other user forums; and (ii) the substance of any User
Content.


To the maximum extent permitted by law, SFA will have no liability
related to User Content or Design Content arising under the laws of
copyright, libel, privacy, obscenity, or otherwise. SFA also disclaims all
liability with respect to the misuse, loss, modification, or
unavailability of any User Content or Design Content.


Use and protection of nickname and password
You are
responsible for maintaining the confidentiality of your nickname, and/or
password, if applicable. You are responsible for damages resulting from
all uses of your nickname, and/or password, whether actually or expressly
authorized by you, unless access to your nickname, and/or password was
obtained through no fault or negligence of your own.


WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND SFA OR YOU AND A THIRD
PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND
ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 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, SFA 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 SERVICES OR MATERIALS WILL BE
EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED
FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES,
OR MATERIALS, WILL BE CORRECTED.


THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS. SFA 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 SFA MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS
OR SERVICES.


YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) SFA DOES NOT CONTROL, ENDORSE,
OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY
THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY
VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) SFA
MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD
PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY
HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) SFA SHALL NOT
BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY
THIRD PARTIES.


THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY
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, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH
ACTIVITIES. SFA ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER
SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR
IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SFA
OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS OF USE.


SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY
IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.


International users
This Site can be accessed from countries
around the world and may contain references to SFA products, services, and
programs that are not available in your country. These references do not
imply that SFA intends to announce such products, services, or programs in
your country.


The Site is controlled, operated, and administered by SFA from its
offices within India. SFA makes no representation that the Site, or the
Services or Materials available through it, are appropriate or available
for use at other locations outside India, and access to the Site from
territories where the Site or any of its Services or Materials are illegal
is prohibited. If you access the Site from a location outside India, you
are responsible for compliance with all local laws. See the section on
export control laws, below, for further information.


Personal information and privacy
To learn about how SFA
protects your personal information, such as your name and address, refer
to the SFA Online Privacy Policy. Except as set forth in the Privacy
Policy or in the Terms of Use, your personal information will be deemed to
be confidential. With the exception of Design Content and certain types of
User Content, any non-personal information or material sent to SFA will
generally be deemed to NOT be confidential. You understand and agree that
we may disclose information about you if we have a good faith belief that
we are required to do so by law or legal process, to respond to claims, or
to protect the rights, property, or safety of SFA or others, or as stated
in our Privacy Policy. Please be aware that your browser must be enabled
to accept cookies in order for you to purchase from the SFA online
store.


LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, SHALL SFA, ITS SUBSIDIARIES, AFFILIATES, AGENTS,
OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, 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 SFA 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 OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE
STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY
DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT
OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA,
FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE
DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS
SITE.


SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND
EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.


SFA Forums and chat
In addition to these Terms of Use, users
of the SFA Forums and chat sessions must agree to a separate legal
agreement for forums and chats (hereinafter referred to "forum agreement")
. Your access to the Forums will be denied for violation of either the
Terms of Use or the agreement for the Forums. In particular, you should be
familiar with the Section titled "RULES OF CONDUCT" in the forum agreement
and conduct your activities accordingly.


Notification of copyright infringement
SFA will, in
appropriate circumstances, terminate the accounts of users who infringe
the intellectual property rights of others. If you believe that your work
has been used or copied in a way that constitutes copyright infringement
and such infringement is occurring on this Site or on sites linked to from
this Site, please provide SFA's Copyright Agent a Notice containing the
following elements:




  1. a physical or electronic signature of the person authorized to act
    on behalf of the owner of the copyright interest that is alleged to have
    been infringed;

  2. a description of the copyrighted work or works that you claim have
    been infringed and identification of what material in such work(s) is
    claimed to be infringing and which you request to be removed or access
    to which is to be disabled;

  3. a description of where the material that you claim is infringing is
    located on the SFA site;

  4. information sufficient to permit SFA to contact you, such as your
    physical address, telephone number, and e-mail address;

  5. a statement by you that you have a good faith belief that the use of
    the material identified in your Notice in the manner complained of is
    not authorized by the copyright owner, its agent, or the law;

  6. a statement by you that the information in your Notice is accurate
    and, under penalty of perjury, that you are the copyright owner or
    authorized to act on the copyright owner's behalf.


SFA's Copyright Agent for Notice of claims of copyright infringement
can be reached as follows:


By mail:
Sabu Francis & Associates
B-4-4-4, Shiv Parvati Hsg.
Society
Sector 21, Nerul, Navi Mumbai
Maharashtra INDIA
PIN:
400706


By telephone: (91) 27701218
By fax: (91) 27701218
By e-mail:
copyright@archsfa.com


THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR
WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT
INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES
LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT
AGENT WILL NOT BE RESPONDED TO. SUCH INQUIRIES SHOULD BE MADE THROUGH THE
FEEDBACK PROCEDURE VIA THE GUESTBOOK FORUM.


Forward-looking statements disclaimer
This Site may now, or
hereafter from time to time, contain certain statements or information
with respect to (i) the projection of SFA's revenues, income, earnings per
share, capital expenditures, dividends, capital structure, or other
financial items; (ii) the plans, objectives, and/or projections of SFA for
future operations, including those relating to the products or services of
SFA; (iii) SFA's future economic performance; (iv) assumptions underlying
or relating to any of the foregoing statements or information; and (v) any
other projections, estimates, or forward-looking statements. All such
statements and information are forward-looking statements within the
meanings the relevant income tax and other acts in India. Such
forward-looking statements are based upon, or will be based upon, SFA's
judgment with respect to future events and are subject to a number of
uncertainties and risks that could cause actual results or circumstances
to differ materially from those expressed in the forward-looking
statements. SFA wishes to caution you that such forward-looking statements
are only predictions and that actual events or results may differ
materially. For further details and information concerning the foregoing
or SFA in general, please consult the company's documents and reports now
or hereafter on file with the appropriate authorities in India.


Export control laws
The export and re-export of SFA software
products are controlled by Indian Regulations, and such software may not
be exported or re-exported to any country to which the India embargoes
goods. By downloading an SFA software product you are certifying that you
are not a national of any country to which the India embargoes goods


All SFA products and publications (unless otherwise clearly specified
as being free or trial or open-source) are shareware in nature. SFA is a
memeber of the ASP (Association of Shareware Professionals) and are bound
to their rules and regulations set by ASP. Specifically if there are any
complaints regarding violations of the ASP clauses, then they can be
addressed to the ombudsman of ASP


Indemnity and liability
You agree to indemnify and hold SFA,
and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out
of content you submit, post to, or transmit through the Site (including,
without limitation, any User Content or computer viruses), your use of the
Site, your connection to the Site, your violation of the Terms of Use, or
your violation of any rights of another person or entity.


Governing law and jurisdiction
This Site (excluding linked
sites) is controlled by SFA from its offices within the state of
Maharashtra, India. By accessing this Site, you and SFA agree that all
matters relating to your access to, or use of, this Site shall be governed
by the statutes and laws of the State of Maharashtra, India, without
regard to the conflicts of laws principles thereof. You and SFA also agree
and hereby submit to the exclusive personal jurisdiction and venue of the
Courts of India with respect to such matters.


Language
It is the express wish of the parties that the Terms
of Use and all related documents have been drawn up in English. C'est la
volonté expresse des parties que la présente convention ainsi que les
documents qui s'y rattachent soient rédigés en anglais.


General
The Terms of Use and other rules, guidelines,
licenses, and disclaimers posted on the Site constitute the entire
agreement between SFA and you with respect to your use of the Site. If for
any reason a court of competent jurisdiction finds any provision of the
Terms of Use, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the
intent of the parties as reflected by that provision, and the remainder of
the Terms of Use shall continue in full force and effect. Any failure by
SFA to enforce or exercise any provision of the Terms of Use or related
right shall not constitute a waiver of that
righ