Online Terms of Use

PLEASE READ THESE ONLINE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING, BROWSING AND/OR USING THIS WEB SITE ("SITE"), YOU ACCEPT THESE TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT AGREE WITH AND ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Dataforth Corporation ("DATAFORTH") maintains this Site and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content") are for the use of its customers, employees and members of the general public but only for the lawful purposes described below.

ACCEPTANCE OF CONTRACT TERMS; JURISDICTION

In exchange for accessing, browsing and/or using the Site, you agree to be bound by these terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations. You represent you have the legal authority to accept these Online Terms of Use on behalf of yourself or any party you represent. If any provision of these Online Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Online Terms of Use.

DATAFORTH administers this Site from its offices within the United States. DATAFORTH makes no representation that the Content of this Site is appropriate or available for use in other locations, and access is prohibited to such Content from territories where the Content is illegal. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF ARIZONA, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN ARIZONA, U.S.A. You may not use or export or re-export the Content on this Site or any copy or adaptation in violation of any applicable laws or regulations, including, without limitation, U.S. export laws and regulations. If you choose to access this Site from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws.

USE OF SITE

Permission is granted to display, copy, distribute and download the Content of this Site for personal non-commercial use only, provided that you do not modify the Content and that you retain all copyright and other proprietary notices contained in the original Content or on any copies of the Content. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of the Content on any other web site or networked computer environment for any purpose is prohibited. The Content on this Site is copyrighted and any unauthorized use of any Content on this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

USER COMMUNICATIONS

Any information or material you transmit to this Site is considered, for any and all purposes, to be non-confidential and non-proprietary ("non-confidential information"). DATAFORTH has no liabilities or obligations with respect to the non-confidential information. DATAFORTH is free to copy, distribute, incorporate, translate, disclose, and otherwise use the non-confidential information and all data, images, sound, and text for any and all purposes. DATAFORTH may, but is not obligated to, monitor or review any areas on the Site where users transmit or post non-confidential information or communicate solely with each other, including but not limited to discussion groups, bulletin boards or other user forums, and the content of any such non-confidential information. DATAFORTH, however, has no liability related to the content of any such non-confidential information, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

There are areas on this Site where users may transmit or post non-confidential information. In such areas we ask that you do not:

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from transmitting or posting Communications.
• Harvest or otherwise collect information about others, including e-mail addresses.

LINKS TO THIRD-PARTY WEB SITES

This Site may contain links to third-party sites. Access to any other Internet site linked to this Site is at the user's own risk, and DATAFORTH does not control and is not responsible for any of these sites or their content. Thus, DATAFORTH does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

DISCLAIMER
THE CONTENT ON THIS SITE IS PROVIDED "AS IS." DATAFORTH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. DATAFORTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT ON THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THIS SITE. The Content on this Site might contain technical inaccuracies, typographical errors or out-of-date information. Information may be updated or changed at any time, without notice. Use of the Content on this Site is therefore at your own risk. Warranties for products purchased from DATAFORTH are provided in separate documents. Mention of non-DATAFORTH products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

LIMITATION OF LIABILITY

DATAFORTH AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, ECONOMIC, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT ON THIS SITE OR ANY DATAFORTH PRODUCT, EVEN IF DATAFORTH OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

USE OF PRESS MATERIALS

If you are a news publication agency, DATAFORTH grants to you and you accept from DATAFORTH a limited, nonexclusive, world-wide license and right to copy, distribute, publish, modify, and display (collectively, "Use") Copyrightable Works (such as datasheets, images, press materials, white papers and FAQs) that DATAFORTH supplies to you through this Site. A news publication agency is defined as an organization whose primary function is summarizing and analyzing news; published on a regular periodic basis and containing news articles of opinion, features, and advertising. All rights not expressly granted to you are reserved to DATAFORTH. Your right to use the Copyrightable Works is limited to Use in trade journals, newspapers, magazines, news publishing web sites, and other publications maintained by news publication agencies.

RESTRICTIONS ON USE OF CONTENT

You acknowledge, having been advised by DATAFORTH, that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other intellectual property and proprietary rights laws (collectively "Rights"). In addition to DATAFORTH's Rights in individual elements of the Content, DATAFORTH owns a copyright in the selection, coordination and arrangement of the Content. If you are an entity other than a news publication agency and you request to use Copyrightable Work(s), you agree to notify DATAFORTH in writing of:

• Name or description of the requested Copyrightable Work(s).
• Your intended use of the requested Copyrightable Work(s).
• Type and/or name of publication you intend to create.
• Any modifications or alterations you intend to make to the requested Copyrightable Works.

You agree not to use the Copyrightable Works without our prior written approval which may be given or withheld by DATAFORTH on a case by case basis. DATAFORTH will determine, (1) whether to grant you permission to use the requested Copyrightable Works; (2) whether to impose further limitations or restrictions on your use of such Copyrightable Works; and (3) whether any fees, costs, and/or royalties (collectively, "Fees") shall apply to delivery or Use of such Copyrightable Works.

DATAFORTH reserves the right to impose further limitations or restrictions that DATAFORTH feels are necessary on a case by case basis and you hereby agree to abide by such limitations or restrictions before using such Copyrightable Works."

TRADEMARKS AND SERVICE MARKS

The DATAFORTH logo is owned by DATAFORTH and registered with the U.S. Patent and Trademark Office. No DATAFORTH trademark or service mark may be used as a hyperlink without prior written permission. Your use of DATAFORTH's trademarks and/or logo in advertising and the promotion of DATAFORTH's products and services requires an accompanying statement that the trademarks and logo are the exclusive property of DATAFORTH.

REVISIONS

DATAFORTH may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated terms located on particular pages of this Site.

Revised January 2001

Any rights not expressly granted herein are reserved to Dataforth Corporation.