Terms of Use

Terms of Use

YOUR USE OF THIS WEB SITE IS GOVERNED BY THESE TERMS OF USE. BY USING THIS SITE YOU ACCEPT THESE TERMS AND YOU REPRESENT THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THIS SITE. If you breach any of these Terms, your right to use this Web site terminates and you must destroy any materials printed or downloaded from this Web site.

Content; Disclaimers; Limitation of Liability:

While Sun Data Solutions believes that the information when first provided on this Web site was accurate, we do not make any representation, express or implied, as to the accuracy, timeliness or completeness of such information. Your use of this information is at your own risk. Sun Data Solutions may make changes to the products, programs or services described on this Web site without notice. All promotions referenced on this Web site are subject to availability and inventory. Sun Data Solutions reserves the right to change, alter or cancel promotions at any time without prior notice. The information on this Web site does not constitute, nor shall it be deemed to constitute, an invitation to invest or otherwise deal in shares of Sun Data Solutions or any other company. The materials and services provided at this site are provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, TITLE or violation of rights. Unless otherwise expressly stated, nothing on this site shall create a warranty. Sun Data Solutions does not warrant that your use of this web site or of the information or materials on this site is error-free, uninterrupted or secure or that this site is free of harmful components, including viruses. Your use of this site is at your own risk. Sun Data Solutions's obligations with respect to its products and services are governed by the respective agreements under which they are provided and nothing on this Web site changes these obligations. In no event will Sun Data Solutions or other third parties mentioned on this Web site be liable for any damages whatsoever, including direct, indirect, special, consequential, incidental, exemplary, punitive or other damages such as lost profits or revenue, business interruption, data loss, costs of Replacement goods or damages to your computer equipment arising out of or in connection with the use of, or inability to use, this site or any other hyper linked Web site or the information contained or services offered at any of these sites, even if Sun Data Solutions is expressly advised of the possibility of such damages. The sole and exclusive maximum liability to Sun Data Solutions for all damages, losses and causes or actions in connection with this Web site or the content of this web site shall be the total amount paid by you, if any, to access the web site.

Non-Confidentiality of Your Submitted Information:

We will treat any feedback or suggestions you provide to us as non-confidential and non-proprietary. Thus, please do not submit confidential or proprietary information to us via this Web site unless we have mutually agreed in writing otherwise. By providing information to us via this Web site, you grant us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, disclose, distribute, incorporate or otherwise use such information and any incorporated ideas, concepts or know-how.

Intellectual Property Rights:

The contents of this Web site are subject to copyright protection. All rights reserved. All reproduction, total or partial, of the contents of this Web site by any means or in any form, other than for non-commercial use within your organization in support of Sun Data Solutions products with all copyright and other proprietary notices retained, is illegal. Such reproduction requires the written consent of Sun Data Solutions. You should also assume that everything on our Web site is the valuable intellectual property of Sun Data Solutions Corporation, its subsidiaries or Sun Data Solutions's business partners. We protect our intellectual property rights to the fullest extent of the law. By providing information on our Web site, Sun Data Solutions does not grant any licenses to its copyrights, patents or other intellectual property rights. The trademarks, service marks and logos displayed on this Web site are the intellectual property of Sun Data Solutions or third parties. You are not permitted to use these marks or logos without the prior written consent of the owner of the mark or logo. Sun Data Solutions, the Sun Data Solutions logo and the DLTtape logo are trademarks of Sun Data Solutions Corporation registered in the United States and other countries. By using this Web site, you may have access to Sun Data Solutions confidential information. Without Sun Data Solutions's written consent, you may not disclose this information and shall protect this information with the same degree of care used to protect your own confidential information, but not less than reasonable care.

Downloadable Software:

Software that you may download from this Web site is the copyrighted work of Sun Data Solutions. Its use may be governed by the provisions of a license agreement that accompanies or is included in the software. You may only download, install and use this software in accordance with the terms of this license agreement and you agree not to modify the software in any manner or form or to reverse engineer, reverse assemble or otherwise attempt to discover the source code of the software. Please make sure that you completely understand the inherent dangers in and related risks resulting from downloading and using any software from the Internet. Your use of this downloaded software is entirely at your own risk.

Links to Third Party Web Sites:

This Web site contains links to Web sites that are not under our control. We are not responsible for the content, commentary or applications of these Web sites. We are providing these links only as a convenience and the inclusion of these links does not imply endorsement by us of the linked Web site. Your use of the linked Web site is entirely at your own risk.

Indemnification:

By using this Web site, you agree to indemnify, defend and hold Sun Data Solutions, its officers, directors, employees, agents, representatives and third party partners harmless from all claims, damages, losses, costs or other expenses (including reasonable attorneys' fees) arising out of or resulting from your violation of these Terms or your activities in connection with this Web site, including allegations that materials that you provide to us via this Web site infringe rights of third parties.

Forward Looking Statements:

This Web site contains certain "forward-looking" statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements are based on management's current expectations and are subject to certain risks and uncertainties. As a result, actual results may differ materially from the forward-looking statements contained herein. Detailed information about risk factors and uncertainties are set forth in Sun Data Solutions's periodic filings with the Securities and Exchange Commission including, but not limited to, those risks and uncertainties listed in the section entitled "Management's Discussion and Analysis of Financial Condition and Results of Operations Trends and Uncertainties," in Sun Data Solutions's most recent Annual Report on Form 10-K and Quarterly Report on Form 10-Q filed with the Securities and Exchange Commission and those described in any subsequently filed reports. Such reports contain and identify important factors that could cause actual events and results to differ materially from those contained in our projections or forward-looking statement . Sun Data Solutions is under no obligation (and expressly disclaims any obligation) to update or alter its forward-looking statements, whether as a result of new information, future events or otherwise.

Password:

You may only access some content of this Web site with a password. By registering for this password, you represent that the information provided by you is true and accurate, that you are an authorized representative of your company and that you have the right to bind your company to these Terms and any additional terms on this Web site. You agree that you are solely responsible for all activities under your user name, password and account and that Sun Data Solutions may hold you liable for any claims against Sun Data Solutions or losses incurred by Sun Data Solutions arising from a misuse of your user name, password or account.

General:

Additional terms of use may apply to some content on this site. If those additional terms of use conflict with these Terms, the additional terms of use shall prevail with respect to said content. Sun Data Solutions administers this Web site from the United States of America . By using this Web site you agree to comply with all applicable laws and regulations, including U.S. export laws and regulations and, if you access this Web site from outside the U.S., applicable local laws. Sun Data Solutions makes no representation that materials or services at this Web site are appropriate or available outside the United States . These Terms, the use of, or inability to use, this Web site and its content and any disputes relating to these Terms or this Web site are governed by the laws of the State of California without regard to its conflict of law provisions and are subject to the exclusive jurisdiction of the federal and state courts in Santa Clara county, California. All claims are barred unless they are filed within one year after the cause of action arises. The foregoing notwithstanding, Sun Data Solutions may obtain injunctive relief (including but not limited to preliminary injunctive relief) from any court of competent jurisdiction worldwide. Sun Data Solutions's failure to enforce a provision of these Terms does not constitute a waiver of such provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall not be affected thereby. Sun Data Solutions may revise these Terms any time by updating this posting. By using this Web site you agree to be bound by the then current terms of use. We suggest, therefore, that you visit this page periodically to review the current terms of use.

Terms of Use updated November 2004