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Reference Manual
Terms Of Use
About A+
History of A+
Who Wrote A+?
Screenshots
Programs Written in A+
Getting A+
Download
Other Software
Installation
Documentation
A+ Community
FAQ
Mail Contacts
Other Resources
The Reviews
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Terms Of Use
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Use Of This Website Is Subject To This TOU And Applicable Law.
By using or accessing any of the information, products and services
that comprise this website (collectively, this "Website"), you agree
with Morgan Stanley & Co. Incorporated ("Morgan Stanley") to the terms and
conditions set forth in this Terms of Use ("TOU"). The term "you" as
used in this TOU refers to each user of this Website personally and any
entity on whose behalf each such user may be acting. If you do not
wish to be bound by this TOU, or you breach this TOU, you may not use
this Website. Morgan Stanley may update, modify or terminate this TOU or
Website, including any of its contents, without prior notice to you.
You may view the most current version of this TOU at
http://www.aplusdev.org/tou.html.
If you elect to download software
available on this Website, your use of the software will be governed by
the GNU General Public License. Your copying or use of the Reference
Manual and any documentation available from this Website will be
governed by the GNU Free Documentation License.
You will not (i) use or access this Website in violation of any law,
rule or regulation of any U.S. or non-U.S. local, state, federal or
other government, government agency or other government body; (ii) use
any device, software or routine, including but not limited to viruses,
trojan horses, worms, time bombs, and cancelbots, which damage or
hinder, or are intended to damage or hinder, the proper working of the
Website, or to unlawfully intercept or expropriate any software, data
or other information from the Website; or, (iii) take any action that
imposes an unreasonable or disproportionate load on Morgan Stanley's
infrastructure, including but not limited to "spam" or denial of
service attacks.
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Proprietary Rights.
The A+ programming language, software and documentation and all other
news, material or content made available on this Website (collectively,
the "Content") is protected by copyright and other intellectual
property laws of the United States and other applicable jurisdictions.
You acknowledge that this Website, including the Content, and any
associated intellectual property rights (including but not limited to
any copyrights, trademarks, and patents) are valid and owned by Morgan Stanley or
its licensors. All rights not expressly granted to you by Morgan Stanley in this
TOU are reserved. You will not remove any copyright, trademark or
other intellectual property or proprietary notice contained in the
Website or Content.
You acknowledge that
"A+" and "MStk" are valid and enforceable service marks owned
exclusively by Morgan Stanley.
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Notice of any claims that any
material on the Website infringes the copyright or other intellectual
property rights of a third party should be sent to Morgan Stanley's Designated
Agent by e-mailing webmaster@aplusdev.com. Other questions or comments
concerning this Website, its Content or this TOU should be sent to the
same e-mail address.
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Privacy; Customer Data.
Morgan Stanley will not require you to provide any personally-identifiable
information, such as your name or physical or e-mail address ("Personal
Information") to Morgan Stanley as a condition of your use of this Website or
your downloading the A+ software and documentation. If you elect to
voluntarily supply Personal Information to Morgan Stanley to become part of a
mailing list or otherwise, Morgan Stanley may use such Personal Information in
connection with this Website or the A+ language, and will not disclose
your Personal Information to any unaffiliated third party without your
permission. Notwithstanding, Morgan Stanley may use and disclose your Personal
Information as necessary to enforce this TOU. By voluntarily supplying
such Personal Information to Morgan Stanley, you consent to such use. You may
remove yourself from any mailing list or other services at your
discretion by e-mailing webmaster@aplusdev.com.
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Warranty Disclaimer; Limitation Of Liability And Indemnity.
THIS WEBSITE AND ALL CONTENT HEREIN,
INCLUDING BUT NOT LIMITED TO THE A+ PROGRAMMING LANGUAGE AND
DOCUMENTATION, IS PROVIDED AS IS. MORGAN STANLEY, ITS AFFILIATES AND ANY OTHER
PARTY INVOLVED IN THE CREATION OF THE WEBSITE OR CONTENT DISCLAIM ALL
POTENTIALLY APPLICABLE WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT. IN ADDITION, MORGAN STANLEY MAKES NO
REPRESENTATION OR WARRANTY (i) THAT YOU WILL BE ABLE TO USE OR ACCESS
THE WEBSITE OR CONTENT, OR THAT YOUR USE OR ACCESS WILL NOT BE
INTERRUPTED OR IMPAIRED, OR (ii) THAT THE WEBSITE, CONTENT OR THE TOU
ARE LAWFUL IN ANY JURISDICTIONS, INCLUDING THOSE OUTSIDE THE UNITED
STATES. IN NO EVENT SHALL MORGAN STANLEY, ITS AFFILIATES OR ANY OTHER PARTY
INVOLVED IN THE CREATION OF THIS WEBSITE OR ANY OF ITS CONTENTS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH THIS TOU OR THE SUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED
TO THE CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF MORGAN STANLEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE ENTIRETY OF THIS DISCLAIMER AND LIMITATION OF LIABILITY
EXTENDS TO ANY THIRD-PARTY PRODUCTS MENTIONED ON THIS WEBSITE OR THE
CONTENTS OF ANY THIRD-PARTY WEBSITE LINKED TO ON THIS WEBSITE, NEITHER
OF WHICH ARE ENDORSED IN ANY WAY BY MORGAN STANLEY.
YOU AGREE TO REIMBURSE MORGAN STANLEY FOR ANY COSTS OR EXPENSES MORGAN STANLEY
INCURS ARISING FROM YOUR MISUSE OF THIS WEBSITE OR ITS CONTENT, OR FROM A
BREACH BY YOU OF THIS TOU.
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Choice Of Law; Venue And Jury Waiver.
This Agreement
will be governed by New York law without regard to its choice of law rules. The
parties hereby consent to the exclusive jurisdiction of, and venue in, any
federal or state court of competent jurisdiction located in the Borough of
Manhattan, New York City for the purposes of adjudicating any matter arising
from or in connection with this Agreement.
YOU AND MORGAN STANLEY HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A
JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF,
DIRECTLY OR INDIRECTLY, THIS TOU, ANY OF THE RELATED DOCUMENTS, AND/OR USE OF
THIS WEBSITE OR ITS CONTENTS.
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Other Matters.
This TOU, along with any further clickwrap license(s) on this Website
that you further elect to enter into, constitutes the entire agreement
between you and Morgan Stanley with respect to your use of this Website and its
Contents and may not be modified except by a writing signed by both
parties. To the extent that this TOU may be inconsistent with any
other clickwrap license on this Website to which you may agree, the
terms of such clickwrap license will govern. This Agreement may not be
assigned by you.
No failure or delay by Morgan Stanley to exercise any right or remedy specified
herein shall be construed as a waiver of such remedy or right.
Sections 2 through 7 of this Agreement will survive the termination of
this Agreement. No agency, partnership, joint venture or employment
relationship is intended or created between you and Morgan Stanley as a result of
this TOU or your use of the Contents. Neither party is authorized to
create or enter into any obligation, express or implied, on behalf of
the other party.
If any provision of these TOU is held to be invalid or unenforceable,
that provision will be struck and the remaining provisions will be
enforced. The headings above are provided for reference purposes
only.
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