TERMS AND CONDITIONS FOR USING THE CASEMAKER and DBMAKER WEB SITES
Last updated April 27, 2001

The following Terms and Conditions govern your use of the CASEMaker and DBMaker Web Sites (sometimes referred to as "this Web Site") and the Materials that are accessible on or from this Web Site. Please read them carefully before entering the site, and refer to them as necessary as you explore the CASEMaker and DBMaker Web Sites. Your use of the Site means that you accept the Terms and Conditions. If you do not agree with these Terms and Conditions, please do not visit or use the CASEMaker Web Site or the DBMaker Web Site.

1. Confidentiality. Those areas of the CASEMaker and DBMaker Web Sites which you access by using a password or other security device contain proprietary and confidential information of CASEMaker and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information ("CASEMaker Confidential Information"). By accessing CASEMaker Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your CASEMaker product, or, if you are a CASEMaker distributor, your customers' copies of CASEMaker products. You also agree to be careful with this CASEMaker Confidential Information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by these Terms and Conditions. You will not alter, decompile, disassemble, reverse engineer, or modify any CASEMaker Confidential Information that you receive.

CASEMaker discourages you from sending us any information that you consider to be confidential or proprietary through this Web Site. Please note that if you do send us any such information or material, CASEMaker will assume it is NOT confidential. By sending CASEMaker information or material, you grant CASEMaker an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that CASEMaker is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

2. CASEMaker Ownership of Information and Trademarks. The information on this Web Site, including, for example, white papers, press releases, data sheets, product descriptions, and FAQs (collectively "Materials"), is the copyrighted work of CASEMaker and/or its suppliers and is protected under U.S. and worldwide copyright laws and treaty provisions. CASEMaker grants you permission to copy such Materials so long as each copy (i) is solely for informational, non-commercial use in support of CASEMaker products and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original AND (iii) displays a statement that the Materials are used solely with permission of CASEMaker.

Any software which you download from the CASEMaker Web Site or the DBMaker Web Site is governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software, you agree to abide by the terms of the license. Any reproduction or redistribution of such software not in accordance with the software license is expressly prohibited by law.

CASEMaker's trademarks may be used publicly only with permission from CASEMaker and proper acknowledgement. All other trademarks, brands and names are the property of their respective owners.

Except as expressly granted in this section (or to you specifically in writing), CASEMaker and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.

3. Disclaimers. THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS", AND CASEMAKER EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIALS.

IN NO EVENT SHALL CASEMAKER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES, OR COSTS OF REPLACEMENT GOODS.

Although CASEMaker has attempted to provide accurate information on this Web Site as a service to its users, CASEMaker assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. CASEMaker may change the programs or products mentioned at any time without notice. Mention of non-CASEMaker products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided at this Web Site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

4. Export Control. Export of any information from this Web Site outside of the United States is subject to all U.S. export control laws. You agree not to export, either directly or indirectly, any product, service or technical data or system incorporating such items (collectively "Technical Data") without first obtaining any required license or other approval from the U.S. Department of Commerce or any other agency or department of the United States Government. In the event you export any Technical Data from the United States or re-export any Technical Data from a foreign destination, you will ensure that the distribution and export/re-export or import of the Technical Data is in compliance with all laws, regulations, orders or other restrictions of the United States and the appropriate foreign government.

5. Restricted Rights. All Materials and software downloaded from this Web Site are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19. Use of the Materials by the Government constitutes acknowledgement of CASEMaker's proprietary rights in such Materials.

6. Forward Looking Statements. This Web Site may contain forward-looking statements. Actual results may vary materially.

7. Privacy. We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That's why we have put in place a Privacy Statement to protect your personal information. You should review this document before providing any personal data on the CASEMaker site. Please read our Privacy Statement. [LINK HERE]

8. Links. This Web Site may contain links to web sites maintained by other companies, individuals or agencies which are provided as a convenience to users of this Web Site. These linked sites are not under the control of CASEMaker, and CASEMaker is not responsible for the accuracy of information on such sites. CASEMaker does not monitor or review the content of such third-party sites and therefore advises you that your access by link to third party sites is at your own risk.

9. Applicable Laws. This Web Site originates from and is maintained in the United States of America, and CASEMaker makes no representations regarding the legality of access to or use of the Site or the Materials from other countries. Any export or use of the Materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use, and use is limited as described above in Section 4 of these Terms and Conditions. Access in countries where the Materials are illegal is prohibited. Users who access the Web Site from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws. Any claims relating to the Materials or the Web Site will be governed by California law.

9. Limitations on Use. CASEMaker may revise these Terms and Conditions at any time. When we make changes, we will revise the "last updated" date at the top. Users are responsible for reviewing this page from time to time to ensure compliance. If CASEMaker makes a request to you to stop using a portion of this Web Site with restricted access and/or to promptly return or destroy any copies of the information provided on this Web Site, you will comply immediately with this request and will confirm in writing to CASEMaker within ten (10) days that you have done so.

10. Contact Information. We welcome your comments and questions to the CASEMaker Webmaster and to the DBMaker Webmaster.