Legal

Terms of Use

BEFORE USING THIS WEB SITE PLEASE READ THE TERMS OF USE SET FORTH BELOW. BY USING THIS WEB SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE. FUSIONWARE CORPORATION AND ITS AFFILIATES ("WE") RESERVE THE RIGHT TO REVISE THE TERMS OF USE AT ANY TIME WITHOUT NOTICE AND, BY USING THIS SITE SUBSEQUENT TO THE REVISION OF THE TERMS OF USE, YOU AGREE TO BE BOUND BY SUCH CHANGES. IF YOU FIND THE TERMS OF USE TO BE UNACCEPTABLE, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE.

1. No Representation or Warranty

1.1 The documents, graphics and images published at this Web site may include inaccuracies or typographical errors. We reserve the right to modify the information contained in this Web site without notice. We make no commitment, however, to update the information contained in this Web site.

TO THE EXTENT PERMITTED BY LAW, INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

1.2 This site contains links to independent, third-party Web sites. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in any such linked sites. Links to other Web sites will not in any manner be construed as an endorsement by us of that site, the described products or services or the opinions expressed therein.

2. Confidentiality

We do not guarantee your confidential use of this site. We will not be responsible for any harm that you, or any person, may suffer as a result of a breach of confidentiality in respect to your use of this site.

3. Limitation of Damages

IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY USE OF THIS WEB SITE; OR USE OF ANY LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA.

4. Ownership

All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web site belong to FusionWare Corporation. The names, images and other indicia identifying our products and services are our proprietary marks. A partial list of trademarks owned by us is in Section 8 of these Terms of Use. All other copyrights, trademarks and other intellectual property rights referred to in this Web site belong to their respective owners.

5. License

5.1 Except as expressly provided in clause 5.2, nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppels or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

5.2 You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, print, and distribute materials retrieved from this Web site provided (a) such materials are used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices.

6. Linking to this Web Site

You may establish links to this Web site provided (a) you do not remove or obscure the copyright notice, or other notices on this Web site, (b) you give us notice of such link by sending an e-mail to info@fusionware.net , and (c) you discontinue providing a link to this site if asked by us. Links will be made to our homepage at http://www.fusionware.net, unless otherwise agreed.

7. Severability

These Terms of Use incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of this site. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without invalidating the remaining provisions. The unenforceability of any provision in a jurisdiction will not make that provision unenforceable in any other jurisdiction.

8. Trademarks

The following is a partial list of trademarks owned by us:

• FusionWare logo
• eTools

Privacy Policy

FusionWare recognizes that visitors to our web site value their privacy and want to be assured that any personal information that they provide to us will be protected. FusionWare is committed to ensuring that you are fully informed as to how your personal information will be used and that it will be kept secure. FusionWare has therefore established this Privacy Policy to assist you to understand what information we collect and how that information is used.

By accessing this Web site, you acknowledge the terms and conditions set forth herein. We reserve the right to change these policies from time to time, without notice and at our sole discretion.

1) What personal information does FusionWare collect?

FusionWare collects information from our visitors at several different points on our Web site. In general, you can visit the FusionWare Web site without telling us who you are or revealing any personal information about yourself.

However, on occasion we will ask you to voluntarily provide information about yourself, including but not limited to, your name, e-mail address, company name, postal address and telephone number. This information is requested when you invoke requests such as:

1. downloading software or documentation
2. registering for attendance to an online seminar or demo
3. viewing a recorded event
4. becoming a registered user
5. signing up for a mailing list or news alerts
6. entering a contest
7. completing a survey
8. submitting a resume or job application

Occasionally, we may use this information when we notify you about important changes to the Web site.

It is entirely your choice whether to proceed with any activity that requests personal information from you. If you do not choose to provide the requested information, you may not be able to execute the applicable transaction.

2) Using the information

FusionWare is the owner of the information collected on this site. We will not sell, share, trade or rent this information to others in ways different from what is disclosed in this privacy policy.

When we capture information about your session or about you, we may use it for research or to improve our Web site and the products we offer. We will ask you if you want us to use the information to continue contact with you. If you are not a current customer, we will not contact you unless you have given us permission to do so.

Additionally, we will use information to assist us in creating content that is relevant to you, to assist us in creating better products and services to meet your needs, and to help you quickly find software, services, or product information important to you.

5) Sharing information with Third Parties

FusionWare does not sell, trade, or rent your personal information to others, except as specified in this Privacy Policy. When you are at our site and are asked for personal information, you are sharing that information only with FusionWare and its business partners unless otherwise specifically stated. We may offer a service or promotion in conjunction with business partners, for example, a joint seminar or an integrated solution. In cases such as these, information collected may be shared by both companies.

We may partner with another party to provide specific services. When the visitor signs up for these services, we will share names, or other contact and billing information that is necessary for the third party to provide these services. These parties are not allowed to use personal information except for the purpose of providing these services. FusionWare is not responsible for, nor do we have any liability in connection with the control or use of the information by such third parties.

Although we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

6) Your options regarding collection, use, and distribution of your information

If you provide us with your e-mail or mailing address, we may use it to send you information on the latest FusionWare products, promotions, and events. We may use information you have given to us, for example, to measure interest in our various products, or to inform you about new products and services. FusionWare provides users with an easy means to decline to receive such e-mail offers. All e-mail offers that you receive from FusionWare will tell you how to decline further e-mail offers.

8) Security precautions

We use commercially reasonable efforts to ensure that your information is stored and maintained in a secure environment. We have implemented procedures to ensure that your information is only made available to such designated staff as necessary to carry out the stated purposes that we have communicated to you.

FusionWare employs industry-standard controls including physical access controls, Internet firewalls, intrusion detection, and network monitoring. Additionally, only authorized administrators and staff have access to systems containing such information. Backup data are securely stored and not shared with third-parties.

9) Your consent
By using the FusionWare Web site, you consent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms of use, please do not use the FusionWare Web site.

You further expressly agree that by using this Web site, your rights and obligations as well as FusionWare Corporation’s rights and regulations shall be governed by the laws of the State of Washington.