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© 2004-2007 Data Management Assoc, Inc. All Rights Reserved Terms of Use \| Privacy

Terms of Use and Legal Notices

NOTE: Read these terms carefully. By viewing, downloading, or otherwise using any materials published on this web site ("Site"), you agree to be bound by these terms. If you do not agree to the terms set forth herein ("Terms"), do not use this Site. This Site is owned and managed by Data Management Associates, Inc. ("DMA").

Materials Available on This Site

Software

DMA and/or its suppliers own the copyright to any software available for you to download from this Site ("Software"). Your use of the Software is governed by the terms of the End User License Agreement which accompanies or is included with the Software ("EULA"). You may install any Software that is accompanied by or includes a EULA only if you first accept the terms of the EULA. Any patches downloaded from this Site are subject to the terms of the EULA which accompanied the software to which the Patch applies. You may not copy the Software onto any publicly distributed bulletin board or network or broadcast the Software in any media.

Other Materials

DMA permits you to use other materials from this Site including, but not limited to white papers, press releases, data sheets and FAQs ("Materials") provided that you observe the following: (1) the Materials and all copies of them prominently display the following copyright notice: Copyright © 2004, Data Management Associates, Inc. as well as any other applicable proprietary notice(s) that appear in the Materials, (2) use of such Materials is for informational and non-commercial or personal use only and will not be copied, framed, deep-linked, or posted on any network computer or broadcast in any media unless expressly approved by DMA, and (3) no modifications of any Materials are made. This permission does not include the right to use the design or layout of the Veraterm.com web site. Elements of DMA web sites are protected by copyright, trade dress and other laws, and they may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any DMA web site may be copied or retransmitted unless expressly permitted by DMA.

Your use, reproduction or redistribution of the Software which is not in accordance with the EULA or your use of the Materials for other purposes than those set forth above are expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.

Export

You agree that you will not export or re-export the Materials, any part thereof, or any process or service that is the direct product of the Materials (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to US export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the US has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Afghanistan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in US export transactions by any federal agency of the US Government. You warrant and represent that neither the Bureau of Export Administration of the US Commerce Department nor any other US federal agency has suspended, revoked or denied your export privileges.

Warranties and Limitations of Liability

DISCLAIMER OF WARRANTIES:

For software

MATERIALS AND RELATED GRAPHICS, AND SERVICES MADE AVAILABLE AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OF SUITABILITY OR ANY WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND COMPLETENESS, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES RELATING TO VIRUSES. DMA may make changes to the Software or Materials at this Site at any time without notice. Portions of this Site may contain errors or be out of date, and DMA makes no commitment to correct such errors. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of liability

IN NO EVENT SHALL DMA, ITS SUPPLIERS, OR OTHER THIRD PARTIES REFERENCED AT THIS SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, MATERIALS, OR ANY INFORMATION AVAILABLE AT THIS SITE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT OR OTHER SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

US government restricted rights

Software and documentation delivered (i) to civilian agencies of the US Government pursuant to solicitations dated prior to December 1, 1995, or (ii) to the Department of Defense of the US Government pursuant to solicitations dated prior to September 29, 1995 are provided with RESTRICTED RIGHTS; use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph FAR 52.227-14(g)(Jun. 1987) or subparagraph or DFAR 252.227-7013 (c)(1)(ii)(Oct. 1988). All Software and documentation delivered to civilian agencies or the Department of Defense pursuant to solicitations issued after the dates specified above are delivered with only the commercial licensing rights set forth in the EULA.

Links to other web sites

DMA may provide links to other web sites merely for your convenience. DMA does not control these linked sites and makes no representation regarding the quality, nature or reliability of any other web sites. The inclusion of any link does not imply DMA's endorsement of such linked web site. Anyone linking to a DMA web site must comply with the DMA Requirements for Linking to DMA Web Sites and all applicable laws.

Bulletin boards

DMA does not monitor the contents of its bulletin boards and is not responsible for any messages posted. Also, DMA does not vouch for or warrant the accuracy, completeness or usefulness of any message, and is not responsible for the contents of any message. Each message expresses the view of its author, and not necessarily the views of any entity associated with DMA bulletin boards. Any user who finds a posted message to be objectionable is encouraged to contact DMA as directed below. DMA reserves the right, but does not undertake the obligation, to delete or otherwise restrict access to or restrict the availability of content which DMA, in its sole discretion, considers to violate these Terms. By using DMA bulletin boards, you agree that you will not post any material which is objectionable, infringes the intellectual property rights of any third party, or otherwise violates any law. DMA expressly reserves the right to terminate a user's access to a bulletin board at any time, for any reason. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless DMA and its agents with respect to any claim based upon transmission of your message(s). DMA also reserves the right to reveal your identity (or whatever information DMA knows about you) in the event of a complaint or legal action arising from any message posted by you.

Any notes, messages, postings, ideas, suggestions, concepts or other material submitted to us via any means, including but not limited to a bulletin board, will become the property of DMA, and DMA has the perpetual, non-exclusive, world-wide right to publish, reproduce, distribute, adapt, display and perform the material you submit, including the right to sublicense, for any type of use as outlined above including promotional and advertising purposes. You represent and warrant that the material you submit does not infringe the intellectual property rights of any third party.

Please note that advertisements, chain letters, pyramid schemes, and solicitations are inappropriate on any DMA bulletin board.

Service interruptions

Temporary interruptions of services provided by this Site may occur from time to time as normal events. DMA will exercise reasonable care to prevent such occurrences, but in no event will DMA be liable for any financial or other damages due to such interruptions.

Copyright Notice

Trademarks

© 2004 Data Management Associates, Inc. All rights reserved.. DMA, and the DMA logo are either registered trademarks or trademarks of DMA. All other trademarks, trade names, or company names referenced herein are used for identification only and are the property of their respective owners. Microsoft, Windows, the Windows logo, Smart Tags and ActiveX are either registered trademarks or trademarks of Microsoft Corporation in the USA and/or other countries.

General

Any rights not expressly granted herein are reserved. DMA, Inc. owns and manages this Site from its corporate headquarters in Mount Laurel, NJ and these Terms will be interpreted under the laws of the State of New Jersey, excluding its conflict of law rules. All information on this Site is subject to US export control laws and may also be subject to the laws of the country where you reside. If you access this Site from outside the United States, you are responsible for compliance with applicable local laws. For information regarding DMA products, programs and services that may be available to you, contact your local DMA business representative. This Site may refer to products, programs or services that are not available in your country.

Contact DMA with any questions/comments.