Please read these terms and conditions carefully before using this website. Accessing or using this website indicates that you accept the following terms and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this website ("terms"). If you do not accept these terms, do not use this website. TYAN Computer Corporation ("TYAN") reserves the right to update or amend the Terms at any time without notice to you. Such updated or amended Terms shall be effective upon posting on this Website.
This Website and all of its content, products, materials, services or information contained on or available through this Website (the "Content") are only for personal and non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the Content. You may not in any way modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell information, software, products or services obtained from the Content. Any use of the Content on any other website or networked computer environment for any purpose is prohibited. You agree not to interrupt or attempt to interrupt the operation of this Website in any way. The Content of this Website is protected by copyright under the relevant copyright laws and international conventions. If you breach any of the Terms, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed materials.
TYAN reserves the right to make changes or updates with respect to or in the Content or the format thereof at any time without notice to you. TYAN reserves the right to terminate or restrict the access to or use of the Website for any reason whatsoever at its sole discretion.
Your use of this website is at your own risk. The content (including all software) and services at this website are provided "as is" without warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non- infringement of intellectual property. TYAN's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Website should be construed to alter such agreements. Further, TYAN does not warrant (i) the accuracy and completeness of the materials, software or services at this Website; or (ii) the server that makes this Website available is free of viruses or other components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from or otherwise use this Website. The Content, including but not limited to all software, at this Website may be out of date, and TYAN makes no commitment to update the Content at this Website.
IN NO EVENT WILL TYAN, ITS SUPPLIERS, PARENT COMPANY, AFFILIATED COMPANIES, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT TYAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Any software that is made available for download from this Website is the copyrighted work of TYAN and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have first read and accepted the terms of the License Agreement. Reproduction or redistribution of the software is prohibited except as provided for in the applicable license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited except as provided for in the applicable License Agreement accompanying such software. Except as warranted in the license agreement, TYAN hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non- infringement.
TYAN does not want to receive confidential or proprietary information from you through this Website. Any material, information or other communication ("Submissions") you provide, send, upload, submit, transmit or post ("Submit") to this Website will be considered non-confidential and non- proprietary. TYAN will have no obligation with respect to the Submissions.
By Submitting your Submissions you are granting TYAN and its parent company, affiliated companies and necessary sublicensees permission to copy, disclose, transmit, display, reproduce, edit, reform, distribute, incorporate, translate and otherwise use the Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of your Submissions, as provided herein. TYAN is not obligated to post or use any Submissions you may provide and TYAN may remove any Submission at any time at its sole discretion. By Submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in the Terms including, without limitation, all the rights necessary for you to submit your Submissions.
TYAN may, but is not obligated to, monitor or review any areas on the Website where users transmit or post Submissions or communicate solely with each other, including but not limited to chat rooms, bulletin boards, other user forums, or related social network sites (such as Facebook, google+, etc) and the content of any such Submissions. TYAN, however, will have no liability related to the content of any such Submissions, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. TYAN retains the right to remove messages that include any material TYAN deems abusive, defamatory, obscene or otherwise unacceptable.
Links on this Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Website. TYAN has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, TYAN does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third- party websites linked to this Website, you do this entirely at your own risk.
You may create links to this Website from other sites, but only under TYAN's permission and in accordance with the terms of the guidelines for linking TYAN's Website and in compliance with all applicable laws.
TYAN, MiTAC, and any other trademarks, registrations, brands, product or service names, slogans or logos (collectively "Marks") contained in this Website are owned or used under license by TYAN and its affiliated companies. All Marks are the property of their respective owners and shall not be copied, imitated, or used, in whole or in part, without the prior written consent of TYAN or the applicable owner(s). Ownership of all such Marks and the goodwill associated therewith remains with TYAN or the applicable owner(s). All rights reserved. Reference to any products, services, processes, or other information by trade name, trademark, or otherwise does not constitute or imply endorsement, warranty, sponsorship, or recommendation thereof by TYAN or its affiliated companies. If you have any question about the Marks, please contact us.
The Terms and any additional terms and conditions posted on the Website constitute the entire agreement between TYAN and you with respect to your access or use of this Website. Certain provisions of the Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of it, and the remainder of the Terms shall continue in full force and effect.
TYAN makes no representation that the Content in the Website is appropriate or available for use in any or all locations, and access to them from territories where their content is illegal is prohibited. Your decision and choice to access this Website from any location is on your own initiative and you are responsible for compliance with applicable local laws. By accessing or using this Website, you agree to be bound by the Terms and any of its revisions updated or amended by TYAN. Any rights not expressly granted herein are reserved.