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Downloading Policy

Through some of its site, the Baptist General Association of Virginia (BGAV) offers visitors and users the opportunity to download software proprietary to either the Baptist General Association of Virginia or third parties. The downloading and use of such software is subject to this Downloading Policy, the Baptist General Association of Virginia’s Terms and Conditions, and any Terms and Conditions specific to the Baptist General Association of Virginia site you are visiting.

The rights granted to you to download such software constitute a limited, nonexclusive, non-transferable license to use the software, not a transfer of title. The Baptist General Association of Virginia (or the third party) remains the owner of all rights, title, and interest in the software and in any copies of it. You may not (1) copy, sell, resell, distribute, rent, lease, sublicense, otherwise transfer for value, or lend all or any portion of the software or any accompanying written materials or documentation; (2) modify or prepare derivative works of the software; (3) reverse engineer, decompile, disassemble, or otherwise derive source code from the software; (4) separate the components of the software; (5) remove any proprietary notices from the software and/or any accompanying materials or documentation; or (6) use the software in an on-line system or otherwise use the software to provide services to third parties.

At its complete and sole discretion, the Baptist General Association of Virginia may provide you with support services related to the most recent version of any the Baptist General Association of Virginia software downloadable from a Baptist General Association of Virginia site, but such support should not be assumed. Where support is provided, the specific the Baptist General Association of Virginia site will so indicate. Use of such support services, if any, shall be governed by the Baptist General Association of Virginia’s maintenance agreement, online documentation, and/or in other materials provided to you by the Baptist General Association of Virginia regarding maintenance. Any supplemental code provided to you as part of the support services shall be considered part of the software and subject to these terms and conditions. With respect to technical information you provide to the Baptist General Association of Virginia as part of the support services, the Baptist General Association of Virginia may use such information for its business purposes, including for product support and development.

Without prejudice to any other rights, the Baptist General Association of Virginia may terminate the license granted to you herein if you fail to comply with the terms and conditions of this Agreement. In such event you must discontinue use of any software you have downloaded from a Baptist General Association of Virginia site. The Baptist General Association of Virginia reserves the right to terminate or restrict your access to the software, at the Baptist General Association of Virginia’s complete and sole discretion, without notice should the Baptist General Association of Virginia determine that you have violated (or are threatening to violate) any of these terms and conditions. The Baptist General Association of Virginia also reserves any and all remedies at law or equity in connection with violation of this Downloading Policy or any applicable Terms and Conditions or Terms of Use. Your license to use the software will also terminate upon conditions communicated to you elsewhere by the Baptist General Association of Virginia or if you fail to comply with this Downloading Policy or any applicable Terms or Conditions or Terms of Use. You agree upon termination to destroy all versions and copies of the software downloaded from a Baptist General Association of Virginia site in your possession, include all prior versions, component parts, media, written materials, accompanying documentation, etc.

When possible, the Baptist General Association of Virginia registers its downloadable software through reputable national vendors who authenticate downloadable software to ensure the safety of its content and that such content is not subject to alterations or corruption. Where such registration has occurred, the Baptist General Association of Virginia will so indicate on the specific site offering downloadable software.

The downloading or other acquisition of any materials through the Baptist General Association of Virginia website is done at your own discretion and risk and with the understanding that you will be solely responsible for any damage, including, but not limited to, any computer system or loss of data, that results from such activities. No advice or information, whether oral or written, obtained by you from the Baptist General Association of Virginia or thorough or from the Baptist General Association of Virginia website shall create any warranty not expressly stated in the terms of use. Your downloading of software from the Baptist General Association of Virginia website is also subject to the Baptist General Association of Virginia’s Terms and Conditions, which contain limitations on warranties and liability.

Downloading Software Not Owned by the Baptist General Association of Virginia
As a convenience for visitors and users of some the Baptist General Association of Virginia sites, the Baptist General Association of Virginia may offer the opportunity to link to a site owned by someone other than the Baptist General Association of Virginia (hereinafter referred to as a “Third Party”). These Third Party sites may offer you the opportunity to download software owned by that or some other third party. The Baptist General Association of Virginia disclaims any and all responsibility for the downloading of Third Party software from Third Party sites by visitors or users of a Baptist General Association of Virginia site, even if the visitor or user was linked to such Third Party sites from a Baptist General Association of Virginia site. The appearance on any the Baptist General Association of Virginia site of a link to a Third Party site to download Third Party software does not constitute an endorsement, recommendation, or certification by the Baptist General Association of Virginia of the Third Party site or Third Party software, nor should the presence of such a link in any way be construed as a suggestion that either the Third Party Site or the Third Party software has any relationship with the Baptist General Association of Virginia. The Baptist General Association of Virginia does not endorse these sites nor the downloadable software contained thereon. The Baptist General Association of Virginia expressly disclaims any and all responsibility and liability for any Third Party software you may download from a Third Party site, regardless of whether that Third Party software or Third Party site was referenced on a Baptist General Association of Virginia site. THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE BAPTIST GENERAL ASSOCIATION OF VIRGINIA OR THIRD PARTY SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH THE UNDERSTANDING THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BAPTIST GENERAL ASSOCIATION OF VIRGINIA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Questions
If you have any questions about this policy, our practices, or our sites, please contact us at:

Baptist General Association of Virginia
Office of Legal Counsel
2828 Emerywood Parkway,
Richmond, Virginia 23294 USA
Phone: +1-804-915-5000

Effective July 2009 | Last revised 02/10

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