Terms Of Use


Arkivio, Inc. Website - Terms of use and legal restrictions

Use of site

Arkivio, Inc. ("Arkivio") authorizes you to view and download the materials at this website ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Disclaimers

THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Arkivio's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. Arkivio further does not warrant the accuracy and completeness of the materials, software or services at this Site. Arkivio may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and Arkivio makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Arkivio business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Limitation of liability

IN NO EVENT WILL ARKIVIO, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY 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 SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ARKIVIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Use of software

Any software that is made available to download from this Site is the copyrighted work of Arkivio 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 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.

User submissions

Arkivio does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. Arkivio will have no obligations with respect to the Communications. Arkivio and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to Arkivio for the purpose of receiving products or services will be handled in accordance with the Arkivio online privacy statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Chat rooms and other user forums Arkivio may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Arkivio, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Arkivio retains the right to remove messages that include any material Arkivio deems abusive, defamatory, obscene or otherwise unacceptable.

Links to third-party Websites

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. Arkivio 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, Arkivio 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 Site, you do this entirely at your own risk.

Linking to this site

You may create links to this Site from other sites, but only in accordance with the terms of the Guidelines for linking to Arkivio's Websites and in compliance with all applicable laws.

Trademarks

Copyright and trademark information © Copyright Arkivio, Inc. 2000-2005. All rights reserved.

Arkivio trademarks Trademarks owned by Arkivio

This is a current listing of United States trademarks owned by Arkivio. Not all common law marks used by Arkivio are listed on this page. Because of the large number of products marketed by Arkivio, Arkivio's practice is to list only the most important of its common law marks. Failure of a mark to appear on this page does not mean that Arkivio does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Those trademarks followed by ® are registered trademarks of Arkivio in the United States; all others are trademarks or common law marks of Arkivio in the United States. This list is not a comprehensive list of all Arkivio trademarks.

Fair use guidelines for use and reference of Arkivio trademarks

Arkivio "trademarks" include the Arkivio "bridge" logo and other designs owned and used by Arkivio (collectively referred to herein as "logos"), as well as Arkivio product and service names (collectively referred to herein as "product names").Arkivio takes great care in the development and protection of its trademarks and reserves all rights of ownership of its trademarks.

Use of Arkivio logos

Arkivio carefully limits the use of its logos. No other company may use Arkivio logos unless it has the express written permission of Arkivio, or is licensed by Arkivio to do so. To obtain permission to use any Arkivio logo, contact your Arkivio representative.

Fair use of Arkivio product names

"Fair use" of trademarks allows third parties to make reference (text ONLY) to Arkivio product names. The following guidelines are published to ensure proper use and reference to Arkivio product names. While fair use allows use of or reference to Arkivio product names, it is necessary that the usage be truthful, not disparaging to Arkivio, and not misleading to the public. You must be clear and accurate as to the nature of the relationship between Arkivio and your company, its products or services.

Following are two common types of fair use: Use of Arkivio product names by third parties is allowed by Arkivio without permission or license when specifically referring to Arkivio products.

Example: The ARKIVIO® auto-stor software is a critical component of a company’s ILM strategy.

Additional Guidelines for Advertising Collateral, Marketing, and Product Packaging

You may reference the names of Arkivio products and services on packaging, Web site, and in advertising materials to indicate your product's compatibility with a specific Arkivio product or service, provided the reference complies with the guidelines herein and the specifications below.

Compatibility

Any use of a Arkivio logo to indicate compatibility must be pursuant to a logo license under one of Arkivio's Logo Programs: You may use Arkivio trademarks in referential phrases such as "Works with ARKIVIO® auto-stor," and "For use with ARKIVIO® auto-stor." Please note that the emphasis should be on your product name and any accompanying packaging produced by your company. Labeling should place emphasis on your product name so that it is perceived as an application, developed with, compatible or running on an Arkivio product).

General rules for proper reference to Arkivio product names

Following are general rules for proper usage of product names: The first use of each Arkivio product name mentioned in communications must be identified in a footnote or attribution. The attribution must be located either on the page/screen where the Arkivio product name is used, or in the legal section of the communication or site in which it is referenced. Please note that laws concerning use of trademarks or product names vary by country. Always consult a local attorney for additional guidance. Example: Arkivio, and the Arkivio logo are trademarks of Arkivio, Inc. in the United States, other countries, or both. In the United States, the first reference in text to all Arkivio product names should be preceded by Arkivio and followed by the proper trademark symbol. The proper symbol for registered product names is ®. The proper symbol for product names which are the subject of pending applications or are used in accordance with common law trademark principles is TM.

Example: The ARKIVIO® auto-stor software can handle your ILM challenges.

Rules for marking product names differ by country.
You may need to seek guidance from a trademark professional.

A product name should be used as an adjective qualifying a noun that is a generic description of the product or service. The product name should also be used in a singular form.

Example: We will buy three copies of the ARKIVIO® auto-stor software

Do not change the form or representation of the product name, including capitalization or punctuation.

Use of "Arkivio" as a company name

"Arkivio" is both a trademark (product name) of Arkivio, Inc., and an abbreviation of its company name. When "Arkivio" is used to identify the company Arkivio, Inc., it is called a trade name. Trade name usage typically applies when referring to a company as opposed to a particular product. It is permissible to use Arkivio as a possessive if you are referring to Arkivio the company. In that case the name does not identify goods or services (which are legally the domain of trademarks).

Incorrect use of Arkivio trademarks

Special attributions

The listed trademarks of the following companies require marking and attribution:
Java and all Java-based trademarks are trademarks of Sun Microsystems, Inc. in the United States, other countries, or both. Microsoft, Windows, Windows NT, and the Windows logo are trademarks of Microsoft Corporation in the United States, other countries, or both. Intel, the Intel logo, Intel Inside, the Intel Inside logo, MMX, Intel Centrino, the Intel Centrino logo, Celeron, Intel Xeon, Itanium, and Pentium are trademarks or registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries. UNIX is a registered trademark of The Open Group in the United States and other countries. Other company, product and service names may be trademarks or service marks of others.

U.S. government restricted rights

This Site contains confidential computer software and technical data. A valid License from Arkivio is required for possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under Arkivio's standard commercial license terms.

General

> Arkivio administers this Site from its offices in Mountain View, California. Arkivio makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Arkivio may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Guidelines for linking to Arkivio's Websites

A site that links to Arkivio's website: