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BLUE DATA, INC. -- WEB SITE TERMS OF USE


ACCEPTANCE OF CONTRACT TERMS


The following are terms of a legal agreement between you and Blue Data, Inc. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, please do not use this site. The material provided on this web site is protected by law, including, but not limited to, United States Copyright law and international treaties. This web site is controlled and operated by Blue Data, Inc. from its offices in San Diego, CA. Blue Data, Inc. makes no representation that materials in this web site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.


Any claim relating to, and the use of, this web site and the materials contained herein is governed by the laws of the state of California.


USE RESTRICTIONS


The copyright in all material provided on this web site is held by Blue Data, Inc. or by the creator of the material. Unless stated otherwise, none of the material may be copied, displayed, distributed, downloaded, posted, reproduced, republished, or transferred in any form or by any means. This includes, but is not limited to, mechanical, electrical or other types of reproduction or transfer, without the prior written permission of Blue Data, Inc. Blue Data grants permission to copy, display, distribute and download web site images and text for personal, non-commercial use (provided you do not modify the material in any manner, and that you do not remove any copyright or other proprietary notices). This permission terminates upon breach of any of these terms or conditions. After termination, you will immediately destroy any downloaded and printed materials. You also may not mirror any of this web site's material on any other system. Any unauthorized use of any material contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.


U.S. GOVERNMENT RESTRICTED RIGHTS


The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Blue Data's proprietary rights in them.


TRADEMARKS


The trademarks, service marks, logos, and copyrights used and displayed on this web site are registered and unregistered Trademarks of Blue Data, Inc. Nothing on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on these web pages, without the written permission of Blue Data. Blue Data enforces its intellectual property rights to the fullest extent of the law. The name "Blue Data, Inc." or the Blue Data logo may not be used in any way, including in advertising or publicity pertaining to distribution of this web site's material, without prior, written authorization.


The following is a list of partial list of U.S. Trademarks owned by Blue Data, Inc. Any questions regarding the use of these Trademarks or the Blue Data web site should be referred to: Blue Data, Inc. TELEPHONE: (858) 558-3338, FAX: (858) 558-3341, E-mail: legal@bluedatainc.com.


DISCLAIMER OF WARRANTY


THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, BLUE DATA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. BLUE DATA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.


LIMITATION OF LIABILITY


UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BLUE DATA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF BLUE DATA OR A BLUE DATA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


OUR TRANSMISSIONS


Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Blue Data for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.


TERM OF USE REVISIONS


Blue Data may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.