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TERMS OF USE


Revision Date: 1/14/2009

Acceptance of Terms
Synactive Inc ("Synactive") maintains this web site as a service to its customers. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and have agreed to be bound by the following Terms of Use and to comply with all applicable laws and regulations. If you do not agree to these terms, you should not review information or obtain documents or products from this site.

General
The content, information, graphics, design, compilation, products, software, services and all other matters related to this web site ("Materials") are protected by law, including, but not limited to, U.S. Copyright law and international treaties. Synactive makes no representation that the Materials are appropriate or available for use in locations other than the United States. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access this web site from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

These Terms of Use shall be treated as though they were executed and performed in Foster City, California. Any claim relating to, and the use of, this web site and the Materials contained herein, are governed by the laws of the state of California, without regard to conflict of law principles. These Terms of Use contain our entire understanding relating to the use of this web site and supersede any prior written or oral agreement or understandings between us with respect to this web site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these terms of use will not affect the validity or enforceability of any other provision of these Terms of Use. Synactive reserves the right to modify or to terminate your use of our site without notice, if, in Synactive's sole discretion, you fail to comply with any term of these Terms of Use or otherwise use our site and services in an unreasonable manner. Upon termination, you must destroy all Materials obtained from this web site, copies and related documentation thereof.

Modification
Synactive reserves the right in its sole discretion to modify or delete any Material appearing on the web site or to terminate this web site without notice. Synactive may in the future alter or add to these Terms of Use, but cannot guarantee that you will receive notice. Accordingly, you agree to check this part of our site from time to time to see if there has been a change. Should we decide to charge for services and features available on our site, we will advise you before you incur any charges.

Use Restrictions
This web site is owned and operated by Synactive, which owns or licenses, or has the right to display, all the Material provided on this web site. Except as stated herein, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Synactive or the copyright, trademark and/or servicemark owner. Permission is granted to display, copy, distribute and download the Materials for personal, non-commercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials. You also may not mirror any Materials contained on this web site on any other ser ver. Any unauthorized use of any Material contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You may not use our services for sending unwanted emails ("spam"), or for disseminating any information that is unlawful, pornographic, libelous, or otherwise in our sole judgment is an unreasonable use.

Non Transferable
Your right to use the web site is not transferable. Any password or right given to you to obtain Materials is not transferable.

Use of Software
Any software downloaded by you from this web site, including, without limitation, any files, images incorporated in or generated by the software and data accompanying the software (collectively, the "Software") is licensed to you under terms of Synactive's standard license agreement ("License Agreement"). Your rights to use the Software are expressly limited to the terms set forth in the License Agreement. Downloading the Software does not transfer title to the Software, or any intellectual property rights therein, to you. THE SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATION AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE INVALID.

U.S. Export Controls
The Materials may be subject to United States government export restrictions. You understand that none of the Materials or any underlying technology or direct product thereof may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan, (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders, U.S. Treasury Department's list of Specially Designated Nationals or any other U.S. government denied or embargoed party list or (iii) otherwise in violation of any restrictions, laws or regulations of any United States or foreign agency or authority. The Materials may not be used for the design or development of nuclear, chemical, or biological weapons or missile technology without the prior permission of the United States government.

U.S Government Restricted Rights
The Materials on this web site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations, including, but not limited to, the restrictions provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is Synactive, LLC., 251 Park road, Suite 150, Burlingame, CA 94010 USA. Use of the Materials by the Government constitutes acknowledgment of Synactive's proprietary rights in them.

Links to Third Party Sites
Synactive may provide links to third-party sites. Synactive does not control the linked sites and Synactive is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Synactive is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Synactive of the site. If you decide to leave our web site and access these third-party sites, you do so at your own risk.

Legal Disclaimers
UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS ARE FURNISHED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. SYNACTIVE MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU REGARDING THE MATERIALS. SYNACTIVE SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SYNACTIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS WEB SITE OR ANY WEB SITES LINKED TO THIS WEB SITE.

IN NO EVENT WILL SYNACTIVE BE LIABLE FOR ANY INDIRECT DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE SERVICES PROVIDED, OR THE USE OR INABILITY TO USE ANY OF THE MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SYNACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE TOTAL LIABILITY OF SYNACTIVE WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS WEB SITE. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Copyright, Trademarks and Service marks
The Materials contain copyrighted, trademarked, and/or service marked animations, photographs, images, videos, text, music and sounds. Nothing on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Materials, without the prior written permission of the copyright, trademark and/or service mark owner. Synactive will enforce its intellectual property rights to the fullest extent of the law. The name of Synactive or the Synactive logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this web site, without prior written permission. Synactive prohibits use of the logo as a "hot" link to any Synactive site unless establishment of such a link is approved in advanced by Synactive in writing.

A partial list of Copyright, Trademark and/or Servicemark information is as follows: Copyright © 1998 - 2008 Synactive Inc. All rights reserved. Synactive and the Synactive logo are trademarks of Synactive Inc. GuiXT® is a registered trademark of Synactive Inc.

R/3™ and all SAP based trademarks are the trademarks of SAP AG. All other trademarks, servicemarks and/or copyrights mentioned herein may be the trademarks, servicemarks and/or copyrights of their respective owners. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.