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Terms and Conditions
Use of Website
This Web site may
contain other proprietary notices and copyright information, the
terms of which must be observed and followed. Information on this
Web site may contain technical inaccuracies or typographical errors.
Information may
be changed or updated without notice. TimeLogic Corporation (“TIMELOGIC”)
may also make improvements and/or changes in the products and/or
the programs described in this information at any time without notice.
TIMELOGIC assumes
no responsibility regarding the accuracy of the information that
is provided by TIMELOGIC and use of such information is at the recipient's
own risk. TIMELOGIC provides no assurances that any reported problems
may be resolved with the use of any information that TIMELOGIC provides.
By furnishing information, TIMELOGIC does not grant any licenses
to any copyrights, patents or any other intellectual property rights.
TIMELOGIC does not want to receive confidential
or proprietary information from you through our Web site. Please
note that any information or material sent to TIMELOGIC will be
deemed NOT to be confidential. By sending TIMELOGIC any information
or material, you grant TIMELOGIC an unrestricted, irrevocable license
to use, reproduce, display, perform, modify, transmit and distribute
those materials or information, and you also agree that TIMELOGIC
is free to use any ideas, concepts, know-how or techniques that
you send us for any purpose. TIMELOGIC is free to publicize customer
names on TIMELOGIC's web site and printed customer list. However,
we will not otherwise publicize the fact that you submitted materials
or other information unless: (a) we first notify you that the materials
or other information you submit to a particular part of this site
will be published or otherwise used with your name on it; or (b)
we are required to do so by
law.
Information TIMELOGIC
publishes on the World Wide Web may contain references or cross
references to TIMELOGIC products, programs and services that are
not announced or available in your country. Such references do not
imply that TIMELOGIC intends to announce such products, programs
or services in your country. Consult your local TIMELOGIC business
contact for information regarding the products, programs and services
which may be available to you.
TIMELOGIC's obligations
with respect to its products and services are governed solely by
the agreements under which they are provided. If you obtain a product
or service from TIMELOGIC off this web site that is provided without
an agreement, that product or service is provided "AS-IS"
with no warranties whatsoever, express or implied, and your use
of that product or service is at your own risk.
TIMELOGIC makes
no representations whatsoever about any other Web site which you
may access through this one. When you access a non-TIMELOGIC Web
site, even one that may contain the TIMELOGIC-logo, please understand
that it is independent from TIMELOGIC, and that TIMELOGIC has no
control over the content on that Web site. In addition, a link to
a non-TIMELOGIC Web site does not mean that TIMELOGIC endorses or
accepts any responsibility for the content, or the use, of such
Web site. It is up to you to take precautions to ensure that whatever
you select for your use is free of such items as viruses, worms,
trojan horses and other items of a destructive nature.
LINKED SITES ARE
NOT UNDER THE CONTROL OF TIMELOGIC AND TIMELOGIC IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED
SITE. TIMELOGIC PROVIDES LINKS TO YOU ONLY AS A CONVENIENCE, AND
THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TIMELOGIC
OF THE SITE.
IN NO EVENT WILL
TIMELOGIC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL
OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR
ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER
DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE
ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION IS PROVIDED BY TIMELOGIC ON AN "AS IS"
BASIS ONLY. TIMELOGIC PROVIDES NO REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT
Documents
Permission to use
non-confidential Documents (such as white papers, press releases,
and other publications) from TIMELOGIC is granted by TIMELOGIC,
provided that (1) the below copyright notice appears in all copies
and that both the copyright notice and this permission notice appear,
(2) use of such Documents from this Server is for informational
and non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media, and (3)
no modifications of any Documents are made. Use for any unauthorized
purpose is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
Documents specified
above do not include the design or layout of this Web site. Elements
of this 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 this Web site may be copied or retransmitted
unless expressly permitted by TIMELOGIC.
Disclaimer
While TIMELOGIC
uses reasonable efforts to include accurate and up-to-date information
on this Web site and in its printed documentation, TIMELOGIC makes
no warranties or representations as to its accuracy. TIMELOGIC assumes
no liability or responsibility for any typographical or other errors
or omissions in the content thereof. In the event that a product
is listed at an incorrect price or with other incorrect information
due to a typographical or other error, TIMELOGIC shall have the
right to refuse or cancel any orders placed for the product listed
incorrectly. TIMELOGIC shall have the right to refuse or cancel
any such orders whether or not the order has been confirmed. If
you have already been charged for the purchase and your order is
canceled, TIMELOGIC shall issue a credit to you in the amount of
the charge. If a product offered by TIMELOGIC is not as described,
your sole remedy is to return it to TIMELOGIC for a refund.
TIMELOGIC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS
AND RELATED GRAPHICS AND/OR SOFTWARE PUBLISHED ON THIS SERVER FOR
ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND AND ARE SUBJECT TO
CHANGE WITHOUT NOTICE. THE ENTIRE RISK ARISING OUT OF THEIR USE
REMAINS WITH THE RECIPIENT. IN NO EVENT SHALL TIMELOGIC AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
OR LOSS OF BUSINESS INFORMATION), EVEN IF TIMELOGIC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Software
Any software ("Software")
that is made available by physical distribution of storage media,
by download from this server ("Server"), or by any other
means, is the copyrighted work of TIMELOGIC 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"). An end user will be unable to install
any Software that is accompanied by or includes a License Agreement
unless he or she first agrees to the License Agreement terms.
The Software is
made available for downloading solely for use by end users according
to the License Agreement. 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.
WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED.
THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, TIMELOGIC
COMPUTER CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL TIMELOGIC AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
OR LOSS OF BUSINESS INFORMATION), EVEN IF TIMELOGIC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
RESTRICTED RIGHTS
LEGEND. Any Software 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 TIMELOGIC, P. O.
Box 248, Carlsbad CA, 92008-0248.
Trademarks
TimeLogic Corporation,
DeCypher, and the names of TIMELOGIC products referenced herein
are either trademarks and/or service marks or registered trademarks
and/or service marks of TIMELOGIC.
Microsoft, Internet
Explorer, Windows, Windows NT, Windows 2000, SQL Server, Office
and BackOffice are either trademarks or registered trademarks of
Microsoft Corporation.
Intel and Pentium are registered trademarks of Intel Corporation.
Sun, Solaris, UltraSPARC are either trademarks or registered trademarks
of Sun Microsystems, Inc.
Compaq, Deskpro,
Proliant, and Tru64 are either trademarks or registered trademarks
of Compaq Computer Corporation.
Other product and
company names mentioned herein may be trademarks and/or service
marks of their respective owners.
Promotions
All promotions
are subject to availability and inventory. TIMELOGIC reserves the
right to change, alter, or cancel promotions at any time without
notice.
Terms and Conditions of Sale
PLEASE READ THIS
DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS
THAT MAY APPLY TO YOU.
This Agreement
contains the terms and conditions that apply to your purchase from
the TIMELOGIC entity named on the invoice ("TIMELOGIC")
that will be provided to you ("Customer") on orders for
computer systems, related products and/or services and support sold
in the United States. By accepting delivery of the computer systems,
other products and/or services and support described on that invoice,
Customer agrees to be bound by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED
A SEPARATE PURCHASE AGREEMENT WITH TIMELOGIC, IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER TIMELOGIC
STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions
are subject to change without prior written notice at any time,
in TIMELOGIC's sole discretion.
- Other Documents. These terms and
conditions may NOT be altered, supplemented, or amended by the
use of any other document(s), except as otherwise noted. Any attempt
to alter, supplement or amend this document or to enter an order
for product(s) or services and support that are subject to additional
or altered terms and conditions will be null and void, unless
otherwise agreed to in a written agreement signed by both Customer
and TIMELOGIC.
- Governing Law. THIS AGREEMENT
AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF NEVADA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- Payment Terms; Orders; Quotes;
Interest. Terms of payment are within TIMELOGIC's sole discretion,
and unless otherwise agreed to by TIMELOGIC, payment must be received
by TIMELOGIC prior to TIMELOGIC's acceptance of an order. Payment
for the products and services and support will be made by wire
transfer, or some other prearranged payment method unless credit
terms have been agreed to by TIMELOGIC. Invoices are due and payable
within the time period noted on the reverse side of this invoice,
measured from the date of the invoice. TIMELOGIC may invoice parts
of an order separately. Orders are not binding upon TIMELOGIC
until accepted by TIMELOGIC. Any quotations given by TIMELOGIC
will become active upon Customer acknowledgement of receipt of
quotation and will be valid for the period stated on the quotation.
Customer agrees to pay interest on all past-due sums at the highest
rate allowed by law.
- Shipping Charges; Taxes. Separate
charges for shipping and handling will be shown on TIMELOGIC's
invoice(s). Unless Customer provides TIMELOGIC with a valid and
correct tax exemption certificate applicable to the product ship-to
location prior to TIMELOGIC's acceptance of the order, the Customer
is responsible for sales and all other taxes associated with the
order, however designated, except for TIMELOGIC's franchise taxes
and taxes on TIMELOGIC's net income. If applicable, a separate
charge for taxes will be shown on TIMELOGIC's invoice.
- Title; Risk of Loss. Title to
products passes from TIMELOGIC to Customer on shipment from TIMELOGIC's
facility. Loss or damage that occurs during shipping by a carrier
selected by TIMELOGIC is TIMELOGIC's responsibility. Loss or damage
that occurs during shipping by a carrier selected by Customer
is Customer's responsibility. Title to software will remain with
the applicable licensor(s).
- Warranties. THE LIMITED WARRANTIES
APPLICABLE TO TIMELOGIC-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION
ALONG WITH THE PRODUCTS, AND THERE ARE NO WARRANTIES FOR SERVICES.
TIMELOGIC MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS
SECTION AND IN TIMELOGIC'S APPLICABLE WARRANTY STATEMENT IN EFFECT
ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE,
AND TIMELOGIC WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES,
ONLY UPON TIMELOGIC'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM
TO BE WARRANTED. TIMELOGIC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF'
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TIMELOGIC'S
RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT
AS SET FORTH IN TIMELOGIC'S APPLICABLE WARRANTY STATEMENT IN EFFECT
ON THE DATE OF THE INVOICE. TIMELOGIC reserves the right to modify
its warranty at any time, in its sole discretion. All software
is provided subject to the license agreement that is part of the
package. Customer agrees that it will be bound by the license
agreement once the package is opened or its seal is broken. TIMELOGIC
does not warrant any software under this Agreement. Warranties,
if any, for the software are contained in the license agreement
that governs its purchase and use. Return Policies. TIMELOGIC
systems and parts that are purchased directly from TIMELOGIC by
an end-user Customer may be returned by Customer in accordance
with TIMELOGIC's Return Policy in effect on the date of the invoice.
- Exchanges. From time to time,
TIMELOGIC may, in its sole discretion, exchange products or portions
of a product. Any exchanges will be made in accordance with TIMELOGIC's
exchange policies in effect on the date of the exchange.
- Products. TIMELOGIC's policy is
one of on-going product update and revision. TIMELOGIC may revise
and discontinue products at any time. TIMELOGIC will ship products
that have the functionality and performance of the products ordered,
but changes between what is shipped and what is described in a
specification sheet or catalog are possible. Spare parts may be
new or reconditioned.
- TIMELOGIC Software and Peripherals
Products. TIMELOGIC Software and Peripherals products carry different
return and warranty policies than TIMELOGIC products. TIMELOGIC
Software and Peripherals products may be returned to TIMELOGIC
in accordance with their respective return policies in effect
on the date of invoice. All non-defective TIMELOGIC Software and
Peripherals are subject to a 15% restocking fee. Any warranty
and technical support provided on TIMELOGIC Software and Peripherals
products is provided by the original manufacturer, not by TIMELOGIC.
The warranties and technical support may vary from product to
product.
- Limitation of Liability. TIMELOGIC
DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN,
INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE
OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF
SERVICES AND SUPPORT TIMELOGIC WILL NOT BE LIABLE FOR LOST PROFITS,
LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR
PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED
HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS
AND SERVICES AND SUPPORT CUSTOMER PURCHASES UNDER THIS AGREEMENT.
CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE
OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, TIMELOGIC IS
NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS
UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED
TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS
AGREEMENT, TIMELOGIC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT
OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER
FOR THE PURCHASE OF SERVICES UNDER THIS AGREEMENT.
- Applicable Law; Not For Resale.
Customer agrees to comply with all applicable laws and regulations
of the various states and of the United States. Customer agrees
and represents that it is buying for its own internal use only,
and not for resale. TIMELOGIC has separate terms and conditions
governing resales.
- Service and Support. TIMELOGIC
will provide general service and support, to Customer in the United
States, in accordance with the then-current service and support
policies and conditions in effect. For end-user Customers, TIMELOGIC
promises that its support people will attempt to handle over the
telephone any problem involving TIMELOGIC Products. However, TIMELOGIC's
support people may not be able to understand or resolve any given
problem. Service offerings may vary from product to product. If
Customer purchased optional services and support, TIMELOGIC will
provide the optional service and support to Customer in the United
States in accordance with the then-current terms and conditions
(available via the Internet on TIMELOGIC's Web site at http://www.timelogic.com/support.html
or by telephone at 1/760-431-1263 ext. 4, extension 1). TIMELOGIC may,
at its discretion, revise its general and optional service and
support programs and the terms and conditions that govern them.
The services and support programs and their terms and conditions
in place at the time of purchase will apply to Customer's purchase.
Service may be provided by third-party. Technician will be dispatched
if necessary following phone-based troubleshooting. TIMELOGIC
has no obligation to provide service or support until TIMELOGIC
has received full payment for the Product or services and support
that Customer purchased.
- Dispute Resolution The parties
will attempt to resolve any claim, or dispute or controversy (whether
in contract, tort or otherwise) against TIMELOGIC, its agents,
employees, successors, assigns or affiliates (collectively for
purposes of this paragraph, "TIMELOGIC") arising out
of or relating to this Agreement, TIMELOGIC's advertising, or
any related purchase (a "Dispute" ) through face to
face negotiation with persons fully authorized to resolve the
Dispute or through mediation utilizing a mutually agreeable mediator,
rather than through litigation. If the parties are unable to resolve
the Dispute through negotiation or mediation within a reasonable
time after written notice from one party to the other that a Dispute
exists, the Dispute will be settled by binding arbitration in
accordance with the then current CPR Rules for Non-Administered
Arbitration. The Arbitration will be conducted before three (3)
independent and impartial arbitrators. TIMELOGIC will appoint
one (1) arbitrator and the other party or parties will appoint
one (1) arbitrator. The two (2) appointed arbitrators will then
select a third arbitrator, who shall be the presiding arbitrator.
The arbitration hearing shall take place in Reno, Nevada or Carson
City, Nevada and will be governed by the United States Federal
Arbitration Act to the exclusion of any inconsistent state laws.
The arbitrators shall base their award on the terms of this Agreement,
and will follow the law and judicial precedents that a United
States District Judge sitting in the appropriate District in Nevada
would apply to the Dispute. The arbitrators shall render their
award in writing and will include the findings of fact and conclusion
of law upon which their award is based. Judgment upon the arbitration
award may be entered by any court of competent jurisdiction. The
existence or results of any negotiation, mediation or arbitration
will be treated as confidential. Notwithstanding the foregoing,
either party will have the right to obtain from a court of competent
jurisdiction a temporary restraining order, preliminary injunction
or other equitable relief to preserve the status quo or prevent
irreparable harm, although the merits of the underlying Dispute
will be resolved in accordance with this paragraph.
- Disk Space. For hard drives, GB
means 1 billion bytes; total accessible capacity varies depending
on operating environment.
- Environmental and Regulatory (Dell server
DeCypher models only)
Environmental
Operating Temperature: 10 C to 35 C (50 F to 95 F)
Storage Temperature: -40 C to 65 C (-40 F to 149 F)
Operating Relative Humidity: 8% to 80% non-condensing
Storage Relative Humidity: 5% to 95% non-condensing
Operating Vibration: 0.25G at 3Hz to 200Hz for 15 minutes
Storage Vibration: 0.5G at 3Hz to 200Hz for 15 minutes
Operating Shock: 6 shock pulses of 50G for up to 2ms
Storage Shock: 6 shock pulses of 92G for up to 2ms
Operating Altitude: -16m to 3,048m (-50 ft to 10,000 ft)
Storage Altitude: -16m to 10,600m (-50 ft to 35,000 ft)
Regulatory
FCC (U.S. only) Class B
DOC (Canada) Class B
CE EN 55022, IEC 801-2, EN50082-1, ICE 801-3, ICE801-4
VCCI Class II
UL 1950
CSA 950
EN 60950
IEC 60950
CE
- Headings. The section headings
used herein are for convenience of reference only and do not form
a part of these terms and conditions, and no construction or inference
shall be derived therefrom. (REV 1/02)
© 2002 TimeLogic Corporation
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