THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO USE OF THE WEB SITES OF SOFTEK STORAGE SOLUTIONS, INC (“Softek”). PLEASE CAREFULLY READ ALL OF THE TERMS PRIOR TO USING ANY OF THESE WEB SITES (“SITE”). USING ANY SITE INDICATES THAT YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

Applicability of Terms: The following Terms apply to all visitors to and users of the Sites. We reserve the right to change these Terms at any time. Each time you use, access, or browse the Site, you agree to the then-current version of the Terms. If you do not accept and agree to be bound by the Terms, do not use the Site. These Terms shall not apply to, nor govern, the use of any software (including patches) downloaded from the Site. Such software shall continue to be governed by the terms and conditions contained in the agreement through which you acquired your license to use such software.

Use of Site: All materials on the Site are copyright protected. EXCEPT AS STATED WITHIN THIS SECTION, NO MATERIAL ON THE SITE MAY BE COPIED, MODIFIED, REPRODUCED, PUBLICLY DISPLAYED, POSTED, OR DISTRIBUTED WITHOUT OUR WRITTEN PERMISSION. We authorize you to view, copy, store copies, print, and download material on the Site within your enterprise on the conditions that you do not modify the material, and you retain in any copy all copyright and other proprietary notices found in the original materials. Any other use of material on the Site, including use for any public or commercial purposes and use on any other web site or network of computers, is unauthorized and may violate trademark, copyright, privacy, or communication regulations. Your breach of any of these Terms will automatically terminate your authorized use of the Site and you must immediately destroy any materials copied, printed, or downloaded from the Site.

Trademarks: The trademarks, logos, and service marks (“Marks”) used, displayed, and found on the Site are registered and unregistered Marks of Softek and third parties. You are not permitted to use these Marks without the prior written consent of the owner of such Marks. Nothing in these Terms grants a license or right to use, by implication, by estoppel, or otherwise, any Mark without the prior written consent from its owner. Please see the Softek Storage Solutions Corporation Company Marks.

Warranty Disclaimer: ALL MATERIAL FOUND ON THE SITE IS PROVIDED “AS IS.” WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO MATERIAL ON THE SITE OR ANY SITES LINKED TO THE SITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE PROVIDE NO WARRANTY FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS AND INFORMATION ON THE SITE OR ANY SITES LINKED TO THE SITE. If your use of materials from the Site results in the need for servicing, repair, or correction of equipment or data, you assume all costs thereof. Softek does not warrant the accuracy and completeness of the materials posted on the Site. Softek may make changes to the materials on the Site at any time without notice. The materials on the Site may include technical inaccuracies or typographical errors or be outdated, and Softek makes no commitment to update or correct such materials. Softek expressly reserves the right to make changes to these documents at any time without notice. Materials on the Site may refer to products and services that are not available in your country or area. Consult your local Softek representative for information on products and services available to you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability: IN NO EVENT SHALL WE OR OUR SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO YOU OR ANY OTHER PERSON IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS, LOST PROFITS OR REVENUE, OR LOSS OF OR DAMAGE TO RECORDS OR DATA ARISING OUT OF THE USE OF OR INABILITY TO USE MATERIALS ON THE SITE OR WEB SITES LINKED TO THE SITE EVEN IF SOFTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusions or limitation of incidental or consequential damages, so this paragraph may not apply to you.

Export Restrictions: You shall comply with all export laws and restrictions and the regulations of the Department of Commerce or other United States or foreign agency or authority, and shall not export, re-export, or allow the export or re-export of, Softek products or technical data related to such items, or any direct product thereof, in violation of any such restrictions, laws, or regulations. These export obligations shall survive any termination of this Agreement and the ending of your usage of any Site.

U.S. Government Users: Use, duplication or disclosure of the software, data, process or technology provided on a Site to a user representing the U.S. Government or a customer acting on behalf of the U.S. Government is subject to DFARS 227.7202, RIGHTS IN COMPUTER SOFTWARE AND COMPUTER SOFTWARE DOCUMENTATION (October 1998), FAR 52.227-14, RIGHTS IN DATA – GENERALLY (June 1987), and FAR 52.227-19 COMMERCIAL COMPUTER SOFTWARE RESTRICTED RIGHTS (June 1987), as applicable. Contractor is: Softek Storage Solutions Corporation, 1255 East Arques Avenue, Sunnyvale, California 94085. Applicable Law, Export Control: Softek administers the Site from its location in Sunnyvale, California and makes no representation that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from outside the U.S., you do so at your own risk with complete responsibility for compliance with applicable local laws, including, but not limited to, export regulations. You agree that information you obtain from the Site is subject to U.S. Export Administration Laws and Regulations. Accessing, using, copying, downloading, exporting or re-exporting materials at the Site from outside the United States in violation of U.S. export laws or applicable laws of other locations is prohibited. These Terms shall be governed and interpreted in accordance with the laws of the State of California without giving effect to its conflict of laws provisions.

User Transmissions to Site: If you transmit or post any material, information, or idea to the Site (“Communications”), Softek will treat such Communications as non-confidential and non-proprietary. Softek will have no obligations with respect to such Communications and may freely use, copy, modify, and distribute such Communications for any commercial or non-commercial use. Nevertheless, we will preserve the privacy of all personal data you submit in accordance with our Privacy Statement. You are prohibited from transmitting or posting to the Site any unlawful, threatening, defamatory, libelous, obscene, scandalous, pornographic, or profane material, or any other material that could give rise to civil or criminal liability under the law.

Chat Rooms/User Forums: Softek may, but is not required to, monitor any parts of the Site where users transmit or post Communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, or user forums of any type, as well as the content of any such Communications. Softek shall not be held liable for any claim arising from the content of such Communications under the laws of copyright, trademark, patent, trade secret, libel, privacy, obscenity, or otherwise.

Access to Restricted Site Areas: Access to some areas of the Site may be password-protected or secure and restricted only to authorized users only. If you make any unauthorized attempts to enter restricted areas, you may be subject to civil or criminal liability.