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FPCD Click Wrap Linking Agreement
This Agreement contains the complete terms and conditions that apply to an individual's
or entity's use of a link to The Foundation for Post Conflict Development (“FPCD”)
web site. LINKS MAY NOT BE USED TO ENDORSE ANY GOODS OR SERVICES OR TO PROMOTE THE
SALE OF GOODS OR SERVICES IN ANY WAY. As used in this Agreement, "we" or "FPCD"
means The Foundation for Post Conflict Development and "you" means the individual
or entity that is requesting to link to our website. "Site" means a World Wide Web
site, and depending on the context, refers either to our site located at www.postconflictdev.org
or to any site that you will link to our site.
Links From Your Site.
Once you have agreed to the terms of this Agreement by clicking on the "I Agree"
button below, you may provide on your site one or more of the following types of
links to our site:
· Graphic Link
· Text Link
Limited License for Website Link.
We grant you a nonexclusive, non transferable, revocable right to use the graphic
image and text described above and such other text or images for which we grant
express permission, solely for the purpose of linking our Site to your Site. The
link may only be used to transport a user from your Site directly to any page within
the FPCD Site located at http://www.postconflictdev.org. You agree not to mirror
the FPCD home page or any other subsequent pages on the FPCD Site. You agree not
to frame the content of our pages within your pages. You acknowledge our exclusive
right, title and interest in our trade names, trademarks, trade dress, and other
indicia of origin ("FPCD Marks.") You agree not to alter FPCD Marks in any way.
You agree that you will not use FPCD Marks in any way that would demean, defame,
embarrass, diminish or cause any harm to us. You agree that you will not use the
link to endorse a particular product or service. YOU AGREE THAT YOU WILL NOT
USE THE LINK TO PROMOTE THE SALE OF ANY GOODS OR SERVICES. You agree that
you will not link our Site to any Site containing violent or obscene content. We
may revoke your license at any time by giving you written notice in hard copy or
electronic form to the name and address that you have provided us.
Indemnification.
Subject to the Limitation of Liability below, each party shall indemnify and hold
the other party harmless, its directors, officers and employees from any claims,
liability, judgments, damages or costs, including reasonable attorneys' fees, asserted
or awarded against or incurred by the other party, its directors, officers or employees
as a result of any negligent act or omission. You also agree to indemnify, defend
and hold FPCD from any claims, actions, losses, or damages arising from your use
of the FPCD name and/or FPCD Marks and you agree that your obligation as set forth
in this sentence will survive the termination of this Agreement, notwithstanding
any terms to the contrary as contained in this Agreement.
Limitation of Liability.
Under no circumstances will one party have any obligation or liability to the other
party for any damages incurred by such other party, whether, indirect, incidental,
punitive, consequential, special or other damages, including without limitation,
damages for loss of business, loss of profits, loss of goodwill, work stoppage,
computer or computer system failure or malfunction, loss of work product or any
other commercial damages or losses, whether directly or indirectly caused, whether
in tort, contract or otherwise, even if the party is advised of the possibility
of such damages.
Representations and Warranties.
We do not make any representations or warranties, express or implied, including
any implied warranty of the merchantability or fitness for a particular purpose
and implied warranties arising from course of dealing or course of performance.
Term of the Agreement.
The term of this Agreement will begin upon your clicking the "I Agree" button below
and will end when terminated by either party. Either you or we may terminate this
Agreement at any time, with or without cause, by giving the other party notice in
electronic or hard copy form. Upon the termination of this Agreement for any reason,
you will immediately cease use of, and remove from your site, all links to our site,
and all FPCD Marks and all other materials provided by or on behalf of us under
this Agreement.
Relationship of the Parties.
Each party is an independent contractor and nothing in this Agreement will create
any partnership, joint venture, agency, franchise, sales representative or employment
relationship between the parties. You will have no authority to make or accept any
offers or representations on our behalf. You will not make any statement, whether
on your Site or otherwise, that reasonably would contradict anything in this paragraph.
Notices.
Notices to you will be sent to (your e-mail address provided below). Notices to
us will be sent to [contact@postconflictdev.org]. Electronic notices are sufficient
notice for the purpose of this Agreement.
Miscellaneous.
This Agreement contains the entire understanding of the parties and may be amended
only in writing signed by the parties. This Agreement and any rights and obligations
under it may not be assigned by you unless we have given our prior written consent
to such assignment. Subject to that restriction, this Agreement will be binding
on, inure to the benefit of, and be enforceable against the parties and their respective
successors and assigns. This Agreement shall be governed by and construed under
the laws of the State of New York. If any portion of this Agreement is held to be
void or unenforceable, such part shall be treated as severable, and the remainder
of this Agreement shall be given full force and effect. A court of competent jurisdiction
shall then have the right, in its sole discretion, to modify and substitute such
provision to the extent required to be valid and enforceable.
Rev. 2/10/06
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