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Legal Notice
Terms of Use
Welcome to this website, a service of DataCore Software Corporation. Please read this Legal Notice before you use this website. All content of this website is owned or controlled by DataCore and is protected by copyright laws. These conditions may be waived only by the prior, written authorization of DataCore. By using this website, you agree to abide by the terms of this notice. If you don't agree to these terms, then please don't use this website. We may change the terms of this agreement from time to time and by continuing to use the website after we post any changes, you accept and agree to this agreement, as modified. This Legal Notice applies to all of the websites owned and operated by DataCore.
DataCore will use reasonable efforts to include up-to-date information in this website, but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information provided. DataCore will not be liable for any damages or injury resulting from your access to, or inability to access, this website, or from your reliance on any information provided at this website.
This website may provide links or references to other sites which are not controlled by DataCore. Accordingly, DataCore assumes no responsibility for the content of such other sites and will not be liable for any damages or injury arising from your use or reliance upon such content or your access to, or inability to access, such sites. Any links to other sites are provided merely as a convenience to the users of this website.
Privacy
DataCore respects the privacy of our visitors to this website. Please take a few minutes to review our Privacy Statement.
Feedback
We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, through one of the feedback forms you will find on the website.
Contents and Linking
The material that appears on this website is for general informational purposes only. While we try to ensure that any information we post to this site is both timely and accurate, errors may appear from time to time. This website is not necessarily updated daily, and certain information may not be the most current information available. Though we may post follow-up information and documents, and may continue to provide access to the original information and documents, as in an archive of news stories, for example, we don't go back and change the original document to reflect new developments. If you're looking for the most recent information on a given subject be sure you're not looking at an out of date report. Before you act on information you've found on our website, you should independently confirm any facts that are important to your decision.
DataCore is not responsible for, and cannot guarantee the performance of, any products and services provided by any partners or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by DataCore or its licensors. Accordingly, DataCore assumes no responsibility for the content of such other sites and will not be liable for any damages or injury arising from your use or reliance upon such content or your access to, or inability to access, such sites. Any links to other sites are provided merely as a convenience to the users of this website.
Although we make this website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the website. The materials available through this website are the property of DataCore or its licensors, and are protected by copyright, trademark and other intellectual property laws. DataCore authorizes you to download, view, and print a single copy of any content on this website, solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use. You are free to display and print for your use information you receive through this website, but you may not otherwise reproduce any of the materials without the prior written consent of their owner. You may not use the website or any content on or in connection with any other website, for any purpose, except as expressly authorized by DataCore in writing. You are free to encourage others to access the information themselves on this website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this website should be sent to DataCore Software Corporation, 6300 NW 5th Way, Ft. Lauderdale, FL 33309, Attention: Interactive Marketing Manager.
Trademarks
DataCore, the DataCore logo, Powered by DataCore, ROI Street Smarts, SANcentral, SANcollege, SANmaestro, SANmelody, SANsymphony, SANvantage, UpTempo, Traveller and SANmotion are trademarks or registered trademarks of DataCore Software Corporation. All other products, services and company names mentioned herein may be trademarks of their respective owners. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.
Copyrights
The copyright in all material provided on this website, including any software used in connection with this site, is owned by DataCore or by the Third Party Provider of the material. Except as stated herein, none of this website's material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical photocopying, recording, or otherwise, without the prior written permission of DataCore or the Third Party Provider. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes, and other state and federal laws.
Ordering Products and Services
You may order certain DataCore products and services through this website. All orders you make through this website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice.
Submissions and Postings; Disclosure
By using this website you agree not to:
- Submit, post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the rights of others;
- Access, tamper with, or use non-public areas of the website, DataCore's computer systems, or the technical delivery systems of DataCore's providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the website or website content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by DataCore or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
- Send unsolicited email, junk mail, "spam", or chain letters, or promotions or advertisements for products or services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the website or website content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the website or website content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the website; or
- Impersonate or misrepresent your affiliation with any person or entity.
You are solely responsible for any information that you submit or post on this website. DataCore retains the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. DataCore further reserves the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. DataCore may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.
We reserve the right (but assume no obligation) to delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this website to others, including law enforcement agencies. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this website.
All material you submit or post on this website becomes the property of DataCore and may be used, reproduced, modified, and distributed as we deem necessary in our reasonable discretion.
Links
The website may contain links to other websites or resources. You acknowledge and agree that DataCore is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the website does not imply that we endorse the linked site. You use the links at your own risk.
Indemnification
You agree to indemnify, defend, and hold harmless DataCore (including all of its officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this agreement or unauthorized use of this website. Your indemnification obligation shall survive the termination of this agreement.
Disclaimer of Warranties and Liability
YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." DATACORE AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL DATACORE OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT DATACORE'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF USE SHALL IN NO EVENT EXCEED $100. THE LIABILITY LIMITATIONS SET FORTH IN THESE TERMS OF USE SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THESE TERMS OF USE OR THE INVALIDITY OF ANY OTHER PROVISION.
Governing Law
These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida U.S.A., excluding the United Nations Convention on Contracts for the International Sale of Goods, and without regard to principles of conflicts of law. You hereby consent to the exclusive jurisdiction of the state and federal courts of Broward County, Florida U.S.A.
Miscellaneous
To obtain access to certain services on our website, you may be required to register. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. DataCore reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account. You authorize us to assume that any person using the website with your user name and password either is you or is authorized to act for you. By using this website, you agree to abide by the terms as discussed above. We hope you enjoy using this website, and we welcome suggestions for improvements. Any rights not expressly granted herein are reserved.
Contact info@datacore.com for further information.
Effective: March 15, 2004
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