DEVPROTEK, Inc. Web site Legal Information

LEGAL NOTICES - PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

The materials on this web site (the "Site") are provided by DEVPROTEK, Inc. as a service to its users and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from this site, you agree to these terms ("Terms"). If you do not agree to them, do not use the site or download any materials from it.

TRADEMARK INFORMATION
List of Registered Trademarks and Trademarks.

All product brand names are trademarks of DEVPROTEK, Inc. DEVPROTEK's trademarks may be used publicly with written permission only from DEVPROTEK, Inc.. Fair use of DEVPROTEK's trademarks in advertising and promotion of DEVPROTEK, Inc. products requires proper acknowledgment of DEVPROTEK's ownership. All other brands and names remain the property of their respective owners and any references to such marks by DEVPROTEK, Inc. are not intended to imply any license from or endorsement by such owners.

PERFORMANCE INFORMATION
Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of DEVPROTEK's products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. Buyers should consult other sources of information to evaluate the performance of systems or components they are considering purchasing. For more information on performance tests and on the performance of DEVPROTEK, Inc. products e-mail legal@devprotek.com.

SINGLE COPY LICENSE
The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may download one copy of the information or software ("Materials") found on DEVPROTEK, Inc. on to a single computer for your personal, noncommercial internal use only, provided you agree to and abide by these terms and conditions. This is your only license from DEVPROTEK, Inc., express or implied, unless specifically licensed to do otherwise by DEVPROTEK, Inc. in writing, or as allowed by any license terms which accompany or are provided with individual Materials. This is a limited and revocable license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale, or rental; (b) decompile, reverse engineer, or disassemble software Materials; (c) remove or modify any copyright, trademark, or other proprietary notices from the Materials; (d) transfer the Materials to another person; (e) repackage or incorporate any portion of the Materials into any other product or service; (f) frame or link any Materials in a manner likely to blur or disparage its origin. You agree to take reasonable steps to prevent any unauthorized copying of the Materials.

OWNERSHIP OF MATERIALS
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without DEVPROTEK's prior written permission. Except as expressly provided herein, DEVPROTEK, Inc. and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by DEVPROTEK, Inc. in writing or incorporated elsewhere in the Materials.

TERMINATION OF THIS LICENSE
DEVPROTEK, Inc. may terminate this license at any time if you are in breach of the terms of this Agreement, or for any other reason upon notice to you. Upon termination, you will immediately destroy, erase, obliterate, or otherwise dispose of any copy of the Materials in your control or possession.

DISCLAIMER
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL DEVPROTEK, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEVPROTEK, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. DEVPROTEK, Inc. and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within these materials. DEVPROTEK, Inc. does not represent or warrant that the Materials will be uninterrupted, error-free, that defects will be corrected, or that the Materials or the server on which Materials are made available are free of viruses or other harmful elements. DEVPROTEK, Inc. may make changes to these materials, or to the products described therein, at any time without notice. DEVPROTEK, Inc. makes no commitment to update the Materials. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MATERIALS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MATERIALS AND THE RELATED WEB SITES, UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN.

USER SUBMISSIONS
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and nonproprietary ("Communications"). DEVPROTEK, Inc. will have no obligations with respect to the Communications. DEVPROTEK, Inc. and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. DEVPROTEK, Inc. reserves the right to monitor or disclose to others, including the relevant government authorities, any information transmitted through the Site, as DEVPROTEK, Inc. may deem necessary, in its sole discretion, to protect DEVPROTEK's rights, or the rights of others.

USER CHAT ROOMS
DEVPROTEK, Inc. may, but is not obligated to, monitor or review any areas on the Site where users may transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards, or other user forums, and the content of any such Communications. DEVPROTEK, Inc., however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

USE OF PERSONALLY IDENTIFIABLE INFORMATION
Information submitted to DEVPROTEK, Inc. through forms on the web site is governed according to DEVPROTEK's Electronic Personal Information Privacy Policy.

MEMBERSHIP INFORMATION
To open a membership account (where available), you must complete the registration process by providing us with current, complete, and accurate information as prompted by the Registration Form, and in accordance with the current payment terms as advertised on the DEVPROTEK, Inc. web site. You then will choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account. DEVPROTEK, Inc. reserves the right to reject passwords that fail to meet the security criteria that are established from time to time. Password criteria may include, for example, the rejection of dictionary words, user names, and other information commonly known about the user. Furthermore, you are entirely responsible for any and all activities that occur under your account. DEVPROTEK, Inc. recommends that you change your password at least twice per year, and any time there is suspicious activity related to your account. You agree to notify DEVPROTEK, Inc. immediately of any unauthorized use of your account or any other breach of security.

LINKS TO OTHER MATERIALS
The linked sites are not under the control of DEVPROTEK, Inc. and DEVPROTEK is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites or their locations. DEVPROTEK, Inc. reserves the right to terminate or modify any link or linking program at any time without notice. DEVPROTEK, Inc. does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to by this Site, you do this entirely at your own risk. DEVPROTEK, Inc. has no obligation to maintain or update any links to other sites.

Any dealings with advertisers on the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. DEVPROTEK, Inc. shall not be responsible or liable for any part of any such dealings or promotions.

INDEMNIFICATION
You agree to indemnify and hold DEVPROTEK, Inc., its parents, subsidiaries, affiliates, officers and employees, agents, successors, and assigns, harmless from any claim, demand, or damage, including attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Site, or your use of or inability to use any Materials obtained by you from DEVPROTEK, Inc.

APPLICABLE LAWS
This site is controlled by DEVPROTEK, Inc. from its offices within the United States of America. DEVPROTEK, Inc. makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is regulated or prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, and you irrevocably consent to the exclusive jurisdiction of the courts located in Massachusetts. You agree that the United Nations Convention of Contracts for the International Sale of Goods does not apply to any Materials acquired from the Site.

U.S. GOVERNMENT END USERS
Any software or software documentation provided hereunder is a 'commercial item,' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of 'commercial computer software' and 'commercial computer software documentation,' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the software (if any) with only those limited rights set forth herein.

COPYRIGHT COMPLAINTS
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Designated Agent, at the DEVPROTEK, Inc. address below. DEVPROTEK, Inc. maintains a policy of responding to valid complaints of a copyright owner by removing or disabling further use of the allegedly infringing materials, notifying the alleged infringer (if an identifiable third party), and re-enabling access to such content if warranted, after evaluation of the relevant facts.

GENERAL
DEVPROTEK, Inc. may revise these Terms at any time by updating this online posting without notice. You should visit this page from time to time to review the then-current Terms because they will become binding on you upon your next use of the Site, whether you have read them or not. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and DEVPROTEK, Inc. with respect to the Site and the Materials obtained from the Site. You agree that any cause of action arising out of or related to this Site or any Materials must commence within one (1) year after the cause of action arose; otherwise, such cause of action is irrevocably waived.

Policy Updates
All updates to this policy will be posted here. Last update: January 16, 2002.

Questions
Please send any questions or comments on our legal policy to legal@devprotek.com.