Arcserve Legal Notice and Use

Arcserve hereby authorizes you to view, print, copy and distribute information published by Arcserve on this or any other publicly accessed site maintained by Arcserve’s World Wide Web server linked to this Legal Notice (collectively, the “Sites”), provided that (a) the information may be used internally (by you or any third party to whom you distribute it) only for informational, non-commercial purposes; (b) no fee may be charged for distribution of any information to any third party; and (c) any and all copyright or other proprietary notices that appear herein, together with this Legal Notice, must appear on all copies that you make or distribute.

Disclaimers

All statements or information included on this site speak only as of the date posted to this site or, if earlier published by Arcserve, then such statements or information speak only as of such earlier publication date. Arcserve assumes no obligation to update the information included on this site or to remove such information if it is no longer complete or accurate, except as otherwise required by law.

Any product, process or technology published on the Sites may be the subject of intellectual property rights reserved by Arcserve, its affiliates, subsidiaries or licensors, and are not licensed hereunder. Any software programs and any corrections, updates or new versions of any software programs that may be made available by Arcserve through the Sites are provided subject to the additional terms, conditions and restrictions indicated in the applicable section of the Sites.

If no additional terms are provided on such Sites, any software programs or software code is governed by this provision.

All information related to our products and services provided via the Sites, including, without limitation, any Arcserve or its subsidiaries’ product or service plans, software programs, software code, offerings, or programs, statements of future directions, “white papers” or other technical or marketing materials (collectively, “Information”) is intended for informational purposes only and is subject to change or withdrawal by Arcserve at any time without notice. Arcserve assumes no responsibility for the accuracy or completeness of the Information. THE INFORMATION IS PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, ARISING BY CUSTOM OR TRADE USAGE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ARCSERVE FURTHER DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE SITES OR THE INFORMATION PROVIDED HEREIN. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. IN NO EVENT WILL ARCSERVE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF ARCSERVE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Restricted Rights Legend

The Information is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19, or its successor provision(s), as applicable. Contractor/manufacturer is Arcserve LLC, 6600 City W. Parkway, Suite 215, Eden Prairie, Minnesota 55344

Trademarks

The Arcserve logo and Arcserve product names referenced herein are either registered trademarks or trademarks of Arcserve or one of its subsidiaries. All trademarks, trade names, service marks and logos referenced herein belong to their respective owners.

Corporate Identity

Feedback

Unless expressly provided otherwise by Arcserve, all comments, feedback, information or materials submitted to Arcserve through or in association with the Sites shall be considered non-confidential and Arcserve’s sole property. By submitting such comments, feedback, information or materials to Arcserve, you agree to a no-charge assignment to Arcserve of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Arcserve shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.

Links to Third Party Sites

The Sites may contain hyperlinks to other Web sites controlled by parties other than Arcserve. Arcserve is not responsible for and does not endorse the contents or use of these Web sites.

Governing Law and Jurisdiction

Arcserve controls the Sites from its offices in Eden Prairie, MN, United States of America. You agree that any legal action, proceeding or other matters relating to your access to, or use of, the Information or the Sites shall be governed by U.S. federal law or state law of the State of New York. You may not access, download, use or export the Information in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

If you have any questions concerning legal or other matters described above, contact Arcserve.

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