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DataDirect

Legal

Overview

Terms of Use

DataDirect Technologies, Inc. ("DataDirect") makes available information, materials, and products on this Web site, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. DataDirect reserves the right to change these terms and conditions from time to time at its sole discretion and without notice.

Copyright
The information on this Web site is protected by copyright:
Copyright © 1999 - 2001 DataDirect Technologies. All Rights Reserved.
Except as specifically permitted herein, no portion of the information on this Web site may be reproduced in any form or by any means without the prior written permission from DataDirect.

Use of Software
The software and accompanying documentation that are made available to download from this Web site are the copyrighted work of DataDirect and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, which accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to these terms, you are not authorized to use the software.

Use of Web Site Information
Except as otherwise indicated elsewhere on this site, you may view, copy, print and distribute documents available on this Web site subject to the following conditions:

  1. The document may be used solely for personal, informational, non-commercial purposes;
  2. The document may not be modified or altered in any way;
  3. Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and
  4. DataDirect reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from DataDirect.

All other rights, title and interest not expressly granted are reserved. Use for any other purpose is expressly prohibited by law. Documents specified above do not include the design or layout of this Web site. Elements of this Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Warranties and Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND DATADIRECT, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. DATADIRECT ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.

REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL DATADIRECT BE LIABLE FOR ANY SPECIAL, 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 ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED IN THIS WEB SITE, AND THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEB SITE. DATADIRECT MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.

This Web site can be accessed from other countries around the world and may contain references to DataDirect products, services and programs that have not been announced in your country. These references do not imply that DataDirect intends to announce such products, services or programs in your country.

Forward-Looking Statements Disclaimer
This Web site may now, or hereafter from time to time, contain certain statements or information with respect to: (i) the projection of revenues, income, earnings per share, capital expenditures, dividends, capital structure or other financial items; (ii) the plans, objectives and/or projections of DataDirect for future operations, including those relating to the products or services of DataDirect; (iii) future economic performance; (iv) assumptions underlying or relating to any of the forgoing statements or information; and (v) any other projections, estimates or forward-looking statements. Such forward-looking statements are based upon, or will be based upon, DataDirect's current views with respect to future events, plans or expectations and are subject to a number of risks, uncertainties and assumptions. Should one or more of theses risks or uncertainties materialize, or should underlying assumptions prove incorrect, DataDirect's actual results, performance or achievements could differ materially from those expressed in, or implied by, any such forward-looking statements. The inclusion of forward-looking statements should not be regarded as a representation by DataDirect or any other person that future events, plans or expectations contemplated by DataDirect will be achieved. DataDirect undertakes no obligation to release publicly any updates or revisions to any such forward-looking statements that may reflect events or circumstances occurring after the date posted.

Feedback; Confidential Information; Privacy
Unless otherwise explicitly stated herein, any non-personal information or material sent to DataDirect will be deemed NOT to be confidential. By sending DataDirect any non-personal information or material, you grant DataDirect an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that DataDirect is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Export Control Laws; U.S. Government Rights
Software available on the DataDirect Web site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using software from this site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

You may not access, download, use or export the information, software, products or services contained on this Web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

With respect to any acquisition of any product or publication (together referred to as "Product") by or for any unit or agency of the United States Government (the "Government"), the Product shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Product was developed entirely at private expense, and no part of the Product was first produced in the performance of a Government contract.

If the Product is supplied for use by the DoD, the Product is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Product is supplied for use by a Federal agency other than the DoD, the Product is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The contractor/manufacturer is DataDirect Technologies, Inc., 9420 Key West Avenue, Rockville, Maryland 20850.

Links to Third-Party Web Sites
The DataDirect Web site contains links to third-party Web sites, which are not under the control of DataDirect. DataDirect makes no representations whatsoever about any other Web site to which you may have access through the DataDirect Web site. When you access a non-DataDirect Web site, you do so at your own risk and DataDirect is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. DataDirect provides these links merely as a convenience and the inclusion of such links does not imply that DataDirect endorses or accepts any responsibility for the content or uses of such Web sites.

Governing Law; Jurisdiction
This Web site (excluding linked sites) is controlled by DataDirect from its offices within the Unites States of America. By accessing this Web site, you and DataDirect agree that all matters relating to your access to, or use of, this Web site shall be governed by the statutes and laws of the State of California and United States of America, without regard to the conflicts of laws principles thereof. You and DataDirect also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of the State of California with respect to such matters. DataDirect makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Trademark Information
The trademarks, logos and service marks ("Marks") displayed on this Web site are the property of DataDirect or other third parties. You are not permitted to use the Marks without the prior written consent of DataDirect or such third party which may own the Marks. "DataDirect" and the DataDirect logo are trademarks of DataDirect Technologies.

For a current list of DataDirect's Marks, as well as further information on the use DataDirect Marks, please see the Trademarks page.

Legal Contacts
If you have any questions concerning the usage or licensing of DataDirect trademarks or copyrights, or would like to request permission to use any DataDirect materials, contact the DataDirect Legal Department by email at generalcounsel@progress.com.