Teradactyl® Web Site Legal Information

teradactyl.com, teradactyl.net, teradactyl.org, teradactyl.biz, teradactyl.info, teradactyl.us, teramerge.net, teramerge.biz, teramerge.info, teramerge.org, and teramerge.us are the property of Teradactyl, LLC. These policies apply to all of these domains and web sites.

Copyright

All Web site materials, including, without limitation, text, graphics, other files, and selection and arrangement thereof are Copyright © 1999 - 2007 Teradactyl, LLC. ALL RIGHTS RESERVED. You may electronically copy and print portions of this Web site for the sole purpose of using materials it contains for the informational and noncommercial, personal use only. Any other use of the materials in this Web site - including any commercial use, reproduction for the purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of Teradactyl^® is strictly prohibited.

Trademarks

Teradactyl, True incremental Backup System, and TeraMerge are registered trademarks of Teradactyl, LLC. AFS is a registered trademarks of IBM Corporation. Linux is a registered trademark of Linus Torvalds in several countries. Microsoft^® Windows^® XP, Microsoft^® Windows^® NT Workstation, Microsoft^® Windows^® NT Server, Microsoft^® Windows^® 2000 Workstation, Microsoft^® Windows^® 2000 Server, Microsoft^® Windows^® 2003, and Microsoft^® Vista^® are registered trademarks of Microsoft Corporation. Mac and the Mac Logo are trademarks of Apple Computer, Inc., registered in the U.S. and other countries used under license. Sun, Sun Microsystems, and the Sun Logo are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries used under license. Open Transaction Manager is a trademark of Columbia Data Products, Inc. The CDP logo is the property of Columbia Data Products, Inc. and is reprinted with permission. Open File Manager is a product of St. Bernard Software and is referenced under permission of St. Bernard Software. The St. Bernard logo is the property of St. Bernard Software and is reprinted with permission. Some images are from "Holy Cow! 250,000 Graphics", Macmillian Digital Publishing USA and are reprinted with permission. Some images are from the NASA image exchange and are reprinted with permission. Some images have been created for the exclusive use by Teradactyl^® by Frederick Motschman Industrial Design Studios and are the property of Teradactyl, LLC. All other trademarks, registered trademarks, product names and company names or logos cited herein are the property of their respective owners.

Hyperlinks

You are granted a limited, non-exclusive right to create a hypertext link to this Web site provided such a link does not portray Teradactyl^® or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Teradactyl^® trademark, logo, or other proprietary information, including the images found at this Web site, the content of any text or the layout/design of any page or form contained on a page without Teradactyl^®'s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Teradactyl^®. Teradactyl^® makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Web site, or Web sites linking to this Web site. The linked Web sites are not under the control of Teradactyl^® and Teradactyl^® is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Teradactyl^® is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Teradactyl^® of the site or any information contained therein.

Limitation of Liability

IN NO EVENT SHALL TERADACTYL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the state of New Mexico, applicable to agreements made and entirely to be performed within the state of New Mexico, without resort to its conflict of law provisions.

Orders; Payment Terms; Interest; Taxes

Orders are not binding upon Teradactyl LLC. until accepted by Teradactyl LLC. Terms of payment are within Teradactyl LLC. sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Teradactyl LLC. may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Teradactyl LLC. harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by Teradactyl's net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges and must provide Teradactyl LLC. with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Teradactyl’s costs of collection, including court costs, filing fees and attorney’s fees.

All Teradactyl Software requires a valid and properly executed Teradactyl Software License Agreement to complete the transaction. All Teradactyl Software Maintenance Plans require a valid and properly executed Teradactyl Software Maintenance Agreement to complete the transaction. All Teradactyl OnSite Services require a valid and properly executed Teradactyl OnSite Service Agreement to complete the transaction. All Teradactyl Custom Engineering Services require a valid and properly executed Teradactyl Custom Engineering Services Agreement to complete the transaction.

Export Sales

The availability of Teradactyl products and services outside of the United States of America are not guaranteed by Teradactyl. If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by Teradactyl LLC. were exported in accordance with the Export Administration Regulations. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States. These commodities, technology, or software are to be exported from the United States in accordance with the Export Administration Regulations. True incremental Backup System export ID information: ECCN 5D002.c.1 & CCATS# G 042927. Diversion contrary to U.S. law is prohibited. This software may NOT be sold to, transferred to, or evaluated by, any person or entity who intends for the product to be employed in an end use related to international nuclear, chemical/biological weapons or missile activities. The product may not be re-exported without the expressed written permission of Teradactyl LLC.

Disclaimer

Teradactyl^® makes no representations or warranties of any kind, express or implied, as to the operation of this site, or to the information, content, materials, or products included on this site. To the full extent permitted by law, Teradactyl^® disclaims all warranties, express or implies, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. To the extent Teradactyl^® is found liable to anyone on any legal theory or claim relating in any way to this Web site, any such liability shall be limited to the total purchase price actually paid to Teradactyl^® for the product or products giving rise to Teradactyl^®'s liability.

The products which are offered for sale from this Web site are subject to the specific warranty and returns policy described within the Customer Service Center. THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TERADACTYL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TERADACTYL DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TERADACTYL DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Teradactyl^® reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Teradactyl^®.