Welcome to the EmailOpen.com web site. Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these terms and conditions (the "Terms"). If you do not agree with these Terms, please do not use this Web Site.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited
to information, documents, products, logos, graphics, sounds,
images, software, and services ("Materials"), are provided
either by EmailOpen or by their respective third party manufacturers,
authors, developers and vendors ("Third Party Providers")
and are the copyrighted work of EmailOpen and/or its Third Party
Providers. Except as stated herein, none of the Materials 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 other means, without the prior express written permission of
EmailOpen or the Third Party Provider. Also, you may not "mirror"
any Materials contained on this Web Site on any other server without
EmailOpen's prior express written permission.
Except where expressly provided otherwise by EmailOpen, nothing on this Web Site shall be construed to confer any license under any of EmailOpen's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by EmailOpen. EmailOpen does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by EmailOpen.
EmailOpen hereby grants you permission to display, copy, distribute and download EmailOpen's Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
FORWARD-LOOKING STATEMENTS
This web site may contain forward-looking statements that involve
risks, uncertainties and assumptions. If any of these risks or
uncertainties materializes or any of these assumptions proves
incorrect, the results of EmailOpen Systems, Inc. and its consolidated
subsidiaries could differ materially from those expressed or implied
by these forward-looking statements. All statements other than
statements of historical fact are statements that could be deemed
forward-looking statements, including any projections of earnings,
revenues, synergies, accretion or other financial items; any statements
of the plans, strategies and objectives of management for future
operations; any statements concerning proposed new products, services,
developments or industry rankings; any statements regarding future
economic conditions or performance; any statements of belief and
any statements of assumptions underlying any of the foregoing.
The risks, uncertainties and assumptions referred to above include, but are not limited to, risks associated with the Business software applications market; risks associated with customer and partner relations, such as risks associated with Business applications and systems markets, the availability of EmailOpen Systems' products and services, customer implementation of products and services and relationships with customers, third-party vendors, systems integrators and other partners; the ability of EmailOpen Systems, Inc. to retain and motivate key employees and to successfully manage growth; risks associated with new versions and new products and the need to continue to expand product distribution and services offerings. Further information on potential factors that could affect the financial results of EmailOpen Systems are included in its Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and other filings with the Securities and Exchange Commission, which are available on the Investor Information page on this web site.
EmailOpen Systems, Inc. assumes no obligation and does not intend to update these forward-looking statements.
LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by parties
other than EmailOpen. EmailOpen is not responsible for and does
not endorse or accept any responsibility for the contents or use
of these third party web sites. EmailOpen is providing these links
to you only as a convenience, and the inclusion of any link does
not imply endorsement by EmailOpen of the linked web site. It
is your responsibility to take precautions to ensure that whatever
you select for your use is free of viruses or other items of a
destructive nature.
THIRD PARTY PUBLICATIONS
EmailOpen Systems has not co-authored, ratified, endorsed or adopted
the information contained in this any publications referenced
on this web site by publishing it herein.
THIRD PARTY STATISTICS
EmailOpen Systems has not co-authored, ratified, endorsed or adopted
any statistics provided by third parties by publishing them on
this web site.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this
Web Site ("Software") is the copyrighted work of EmailOpen
and/or Third Party Providers. Use of the Software is governed
by the terms of the end user license agreement that accompanies
or is included with the Software ("License Agreement").
An end user agrees to the License Agreement terms by installing,
copying, or using the Software. The Software is made available
for downloading solely for use by end users according to the License
Agreement. Without limiting the foregoing, the copying or reproduction
of the Software to any other server or location for further reproduction
or redistribution is expressly prohibited. Any reproduction or
redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED
IN THE LICENSE AGREEMENT, EMAILOPEN HEREBY DISCLAIMS ALL EXPRESS
OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE
HELD TO BE LEGALLY INVALID.
RESTRICTED RIGHTS LEGEND
Any Software which is downloaded from this Server for or on behalf
of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted Rights.
Use, duplication, or disclosure by the U.S. 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 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is EmailOpen Systems, Inc., 2207 Bridgepointe
Parkway, San Mateo, California 94404.
SUBMISSIONS
Except where expressly provided otherwise by EmailOpen, all comments,
feedback, information or materials submitted to EmailOpen through
or in association with this Web Site ("Submissions")
shall be considered non-confidential and EmailOpen's property.
By providing such Submissions to EmailOpen, you agree to assign
to EmailOpen, at no charge, all worldwide rights, title and interest
in copyrights and other intellectual property rights to the Submissions.
EmailOpen shall be free to use and/or disseminate such Submissions
on an unrestricted basis for any purpose. You acknowledge that
you are responsible for the Submissions that you provide, and
that you, not EmailOpen, have full responsibility for the Submissions,
including their legality, reliability, appropriateness, originality
and copyright.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY EMAILOPEN, THE MATERIALS
ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL,
AND ARE FOR COMMERCIAL USE ONLY, AND EMAILOPEN HEREBY DISCLAIMS
ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES,
AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS
ARE HELD TO BE LEGALLY INVALID. EMAILOPEN MAKES NO REPRESENTATIONS,
WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY,
TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED
ON THE WEB SITE.
LIMITATION OF LIABILITY
EMAILOPEN SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT
OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING
THE MATERIALS. IN NO EVENT SHALL EMAILOPEN BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING
BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA
OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THIS WEB SITE, EVEN IF EMAILOPEN HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY
FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT
USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM
AGAINST EMAILOPEN FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT,
WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD EMAILOPEN HARMLESS FROM, AND YOU COVENANT NOT
TO SUE EMAILOPEN FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE
OF THE WEB SITE.
LOCAL LAWS; EXPORT CONTROL
EmailOpen controls and operates this Web Site from its headquarters
in various locations in the United States of America and makes
no representation that these Materials are appropriate or available
for use in other locations. If you use this Web Site from other
locations, you are responsible for compliance with applicable
local laws including but not limited to the export and import
regulations of other countries. Unless otherwise explicitly stated,
all marketing or promotional materials found on this Web Site
are solely directed to individuals, companies or other entities
located in the United States of America. You acknowledge and agree
that Materials are subject to the U.S. Export Administration Laws
and Regulations. Diversion of such Materials contrary to U.S.
law is prohibited. You agree that none of the Materials, nor any
direct product therefrom, is being or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to proscribed
or embargoed countries or their nationals, nor be used for nuclear
activities, chemical biological weapons, or missile projects unless
authorized by the U.S. Government. Proscribed countries are set
forth in the U.S. Export Administration Regulations. Countries
subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea,
Syria, and the Sudan. This list is subject to change without further
notice from EmailOpen, and you must comply with the list as it
exists in fact. You certify that you are not on the U.S. Department
of Commerce's Denied Persons List or affiliated lists or on the
U.S. Department of Treasury's Specially Designated Nationals List.
You agree to comply strictly with all U.S. export laws and assume
sole responsibility for obtaining licenses to export or re-export
as may be required.
GENERAL
This Web Site may include inaccuracies or typographical errors.
EmailOpen and the Third Party Providers may make improvements
and/or changes in the products, services, programs, and prices
described in this Web Site at any time without notice. EmailOpen
may periodically make changes to the Web Site. Any action related
to these Terms will be governed by California law and controlling
U.S. federal law. No choice of law rules of any jurisdiction will
apply. These Terms represent the entire understanding relating
to the use of the Web Site and prevail over any prior or contemporaneous,
conflicting or additional, communications. EmailOpen has the right
to revise these Terms at any time without notice by updating this
posting. Any rights not expressly granted herein are reserved
by EmailOpen.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress and other
laws and may not be copied or imitated in whole or in part. No
logo, graphic, sound or image from the Web Site may be copied
or retransmitted unless expressly permitted by EmailOpen.
EmailOpen, the EmailOpen logo, ActiveBriefings, TSQ, Universal Agent, and/or other EmailOpen products referenced herein are trademarks of EmailOpen Systems, Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.