Teradactyl LLC. Legal Notices

"Safe Harbor" Legal Notices Statement under U.S. Private Securities Litigation Reform Act of 1995

This and all Teradactyl web sites, including collateral material that may be downloaded or published in printed or other electronic forms, include forward-looking statements made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995 that involve risks and uncertainties. Forward-looking statements are statements that are not historical facts and are based on information available to us as of the date issued. Such forward-looking statements, based upon the current beliefs and expectations of Teradactyl LLC. management, are subject to assumptions, risks and uncertainties, which could cause actual results to differ from historical results and/or the forward looking statements.

Forward-looking statements that involve these factors include our continuing ability to scale our software to address the demands of evolving environments; our expectations of increased throughput continuing to grow in the future; our products’ compatibility with subsequent commercial and/or open source releases of operating systems and network file systems; our ongoing compatibility with any manufacturers’ hardware including servers, filers, and storage sub-systems either currently supported by our products or currently used by Teradactyl products for production backup environments; our products’ ability to provide enhanced levels of data protection; our products’ ability to reduce storage requirements relative to Teradactyl capabilities or other competing approaches; our products ability to provide more redundancy or other means of data assurance relative to current technologies or alternative products or approaches. Customers' results may differ materially from those stated herein; Teradactyl LLC. does not guarantee that all customers can achieve benefits, support given levels of data, or support a given number of systems similar to those stated on our web sites, press releases, case studies, or any other publication.

All statements, beyond those of historical fact, are considered forward-looking, particularly those which may be identified by use of forward-looking words including "anticipated," “believes,” "could," "estimated," "expect," “insure,” "intend," "may," “opportunity,” “perpetual,” “planned,” “projected,” “strategy,” "should," “targeted,” "will," and "would" or similar derivations or these words or related synonyms.

The assumptions, risks and uncertainties further include any weakening of domestic or international economic and/or market conditions; potential capital needs and/or availability, public or private sector budgets for information technology spending, our ability to anticipate market needs or develop new or enhanced products to meet those needs; market acceptance of our products; competition in our target markets; management of entry or expansion in both domestic and international markets, including our ability to provide or grow distribution channels; our ability to recruit and retain personnel; our ability to secure or retain strategic alliances or other mutually beneficial business relationships with non-owned third parties; shortages , transportation delays, production delays, or price fluctuations in our supply chain; and the performance of our contract or sub-contract programmers or manufacturers.

Teradactyl assumes no obligation to update any forward-looking statement to reflect events or circumstances arising after the date on which it was made.
Non-Trademark Image Credits and Notices

Comments & Observations

Any comments or materials sent to Teradactyl, including without limitation assessments, comments, observations, and suggestions or any related information regarding the True incremental Backup System, this or other Teradactyl web sites or any other products, programs or services of Teradactyl ("Sentiment"), shall be deemed to be non-confidential. Teradactyl shall have no obligation of any kind with respect to such Sentiment and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Sentiment to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such Sentiment for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Sentiment.

Teradactyl will keep identifiable content submitted to our support systems confidential, except for disclosures that are reasonably necessary to conduct, respond to, or resolve, or record, an investigation of your complaint or question, or as may be required by applicable laws or legal authorities.

ADA, W3C, WCAG Information

Teradactyl Accessibility Statement

Orders & Payment

Offers of goods and services and the terms and conditions of those offers are solely determined by Teradactyl. We are not obligated in any manner to provide products, services, or credit to any public or private entity. All transactions are subject to credit approval by Teradactyl and our lending institutions. Unless otherwise specified, all prices are designated in U.S. Dollars and all payments are required in U.S. Dollars. Physical shipping of components, including partial orders, are FOB shipping point and may be invoiced on the date of shipment unless otherwise specifically agreed to in writing.

Orders are not binding upon Teradactyl until accepted by Teradactyl. Terms of payment are within Teradactyl's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Teradactyl 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 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 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, the 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. If you are located out side of the United States and it's Territories, please request a license agreement used by Teradactyl in your location to avoid delays in software shipping and activation.

Site Terms and Conditions of Use

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, collectively referred to as ("Site").

PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.

By accessing, browsing and/or using these domains ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and 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, do not use this Site. This Site is controlled and operated by Teradactyl LLC. ("Teradactyl") from its offices within the United States of America. Teradactyl reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this Site. Your use of the Site, or any products or service running on or downloaded from this Site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of the revised terms and conditions of use Therefore, if at any time, you do not wish to accept the terms and conditions of service, then do not use or discontinue use of the Site.

Hyperlinks and Third Party Material

Teradactyl web sites may contain links to third-party sites. Access to or from third party sites, the accuracy, reliability, or accessibility of content on such sites is not the responsibility of Teradactyl. Teradactyl is under no obligation to monitor or filter such material and the reader should exercise their own independent judgment and assessment of the information provided. All Teradactyl and third-party information provided on any Teradactyl web site is provided on an "as is" basis. Teradactyl is not liable for loss of any kind (whether direct or consequential) arising from the information at this Site (including Third Party Material), or a Linked Site, being inaccurate, incomplete or misleading, and is not responsible for any interpretation, opinion or conclusion you form from the information. In addition, the presence of a link to or from a third-party site does not mean that Teradactyl endorses that site, products, services, views or opinions published there. Teradactyl is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation or adoption by Teradactyl of the site or any information contained therein. If you decide to access any of the third-party web sites linked to or from a Teradactyl site, you do so at your own risk. Your use of third party resources explicitly reaffirms your agreement to release Teradactyl, its officers, directors, agents, and employees from liability of any claims, demands, and damages resulting from information, products, services, or advice provided by such third-parties.

Limitation of Liability

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 implied, 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 Site are subject to the specific warranty and returns policy described within the Customer Service Center. THIS AND ALL TERADACTYL WEB SITES AND THE MATERIALS IN THESE WEB SITES 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 THESE WEB SITES OR THEIR SERVER(S) ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

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 or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto. You and Teradactyl agree that any controversy or claim arising out of these Terms and Conditions shall be submitted to a state or federal court located in Bernalillo County, New Mexico, and you consent to the personal and exclusive jurisdiction of such courts.

U.S. Government Restricted Rights

If you are acquiring any software or documentation on behalf of any unit or agency of the United States Government, even for evaluation purposes, the provisions of this shall apply.

It is acknowledged by the Parties that Teradactyl and included third party software ("Software") and the documentation ("Documentation") were developed at private expense and that no part is in the public domain and that the Software and the Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Right in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Teradactyl, LLC. 2450 Baylor Dr. S.E., Albuquerque, New Mexico, 87106.

The SOFTWARE and the Documentation are a “commercial item,” as defined at 48 C.F.R. § 2.101, consisting of ‘commercial computer software” and/or “commercial computer software documentation,” as defined in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.2202, as applicable. Any use, modification, reproduction, release, performance, display, disclosure or distribution of the Software by the United States government, its agencies or instrumentalities shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted hereunder.

This file last modified Wednesday, 11-March-2015 09:35:30 MDT

Trademarks

Teradactyl, True incremental Backup System, and TeraMerge are registered trademarks of Teradactyl LLC. TiBServer, Aerie, cLuster Guard, and TiDAS are trademarks of Teradactyl LLC.

Teradactyl Copyright Notices

Copyright © 1999 - 2016 Teradactyl LLC. All Rights Reserved. All Web site materials, including, without limitation, text, graphics, other files, and selection and arrangement thereof are protected by copyright law and international treaties. You may electronically copy and print portions of this Web site for non-commercial purposes only and provided you are using the materials the site contains for informational, product evaluation, and/or the ongoing operation and use of Teradactyl and our licensed third party products. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. Nothing contained in or displayed on the Site should be interpreted or construed as granting any license or rights to use or distribute any names, logos or trademarks, without the express written agreement of Teradactyl LLC. or the relevant contributor.

Third Party Trademark Notices

AFS is a registered trademarks of IBM Corporation.

Debian is registered trademark of Software in the Public Interest, Inc. and managed by the Debian project.

FreeBSD is a registered trademark of The FreeBSD Foundation. The FreeBSD logo and The Power to Serve are trademarks of The FreeBSD Foundation and used by permission.

Linux is a registered trademark of Linus Torvalds in several countries.

L-Store is a trademark of Vanderbilt University and used by permission.

Lustre is a registered trademark of Xyratex Technology Ltd. in the United States.

Mac and the Mac Logo are trademarks of Apple Computer, Inc., registered in the U.S. and other countries used under license.

NetBSD is a registered trademark of The NetBSD Foundation, Inc. and is used by permission.

The trademarks and logos for Sony, Optical Disk Archive, and the PetaSite are trademarks or registered trademarks of the Sony Corporation in the U.S. and/or other countries. All PetaSite graphics are the property of Sony Corporation and are used by permission.

The Spectra Logic name and logo are the property of Spectra Logic Corporation and used with permission. All "T" series graphics are the property of Spectra Logic Corporation and are used by permission.

sgi is a registered trademark of Silicon Graphics, Inc. and is used with permission.

Sun and Sun Microsystems are trademarks or registered trademarks of Oracle Corporation in the U.S. and other countries and are used within published guidelines. Oracle and Java are registered trademarks of Oracle and/or its affiliates. Other names may be trademarks of their respective owners. Teradactyl LLC. and its products and services are independent of Oracle Corporation.

Windows 2000, Windows CE, Windows Me, Windows Fundamentals for Legacy PC's, Windows Mobile, Windows, XP, Windows Vista, and Windows 7 & 8 & 10 operating systems are trademarks or registered trademarks of Microsoft Corporation in the United States and other countries. Windows is a registered trademark of Microsoft Corporation in the United States and other countries.

All other trademarks, registered trademarks, product names and company names or logos cited herein are the property of their respective owners.

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 into any U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or U.S. Department of Commerce Entity List of proliferation concern, or the US State Department Debarred Parties List . By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 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. All decisions regarding exports, including product evaluations, are at the sole and complete discretion of Teradactyl.

Use of Teradactyl web sites outside the U.S.A.

If you choose to access this web site from outside the United States you do so at your own risk and are responsible for compliance with all local laws. Accessing a Teradactyl site from territories where their contents are illegal is prohibited. You may not use this web site in violation of United States export laws and regulations. Information that you submit to one of our web sites in one country or language may be sent electronically to a server for one of these sites in another country. As a result, the information may be used, stored, or processed outside the country where it was recorded. However, we safeguard your data, wherever we may use, store or process it, by ensuring that it is treated in the manner described in our Privacy Policy.

This Site may be translated into multiple languages (e.g. French, Spanish, German, Etc.) You are hereby notified that the English content pages served but U.S. corporate offices are the master definitions which document product features, capabilities, specifications, requirements, and other all other information. The English pages are the master content specification for all Teradactyl web sites While we strive to keep all other page languages updated, the English page contents should serve as your master reference and definitive Site content. You and Teradactyl expressly agree that this contract is written in the English language only which language shall be controlling in all respects.