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Legal Statement

These terms and conditions (the "Terms") govern your use of this Electronic Business Solutions, Inc. ("EBS") Web site (the "Web site"). If you do not agree with these Terms, please do not use this Web site. Please also review our Privacy Policy.

General Use Restrictions
All information, documents, products, software, and services (the "materials") provided on this Web site were provided by or to EBS by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted work of EBS and/or our Third Party Providers. Except as stated herein, none of the materials 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 express written permission of EBS or the Third Party Provider. No part of this Web site, including logos, graphics, sounds or images, may reproduced or retransmitted in any way, or by any means, without the prior express written permission of EBS or, in some cases, the Third Party Provider whom may own the graphics or logos. You are not permitted to, without EBS's prior express written permission, "mirror" any material contained on this Web site on any other server.

Nothing on this Web site shall be construed as conferring any license under any of EBS's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Permission is granted to display, copy, distribute and download EBS's materials on this Web site provided that: (1) both the copyright notice identified below and this permission notice appear in the materials, (2) the use of such materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any of the materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials.

Any unauthorized use of any of the materials contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Links to Third Party Sites
This Web site has links that are connected to other websites that are not under the control of nor maintained by EBS. EBS is not responsible for the content of those sites. These links are provided only as a convenience, and the inclusion of any link to such sites does not imply endorsement by EBS.

Submissions
Unless otherwise explicitly stated, herein, or in our Privacy Policy, any materials provided by you in connection with this Web site shall be deemed to be provided on a non-proprietary and non-confidential basis. EBS shall have no obligation of any kind with respect to such materials and shall be free to use or disseminate such materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the materials that you submit, and you, not EBS, have full responsibility for the materials, including their legality, reliability, appropriateness, originality and copyright.

Disclaimer of Warranty
Unless otherwise explicitly stated, the materials on the Web site are provided "as is", are experimental, are for commercial use only, and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. EBS makes no representations, warranties, or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the materials contained on the Web site. Any questions regarding the materials should be directed to the providers of such materials.

Software Use Restrictions
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 (the "license agreement"). An end user will be unable to install any software that is accompanied by or included a license agreement, unless the end user first agrees to the terms of the license agreement. Except as set forth in the applicable license agreement, any further copying, reproduction or redistribution of the software is expressly prohibited.

Installation assistance, product support and maintenance, if any, of the software are available from EBS and/or the Third Party Providers, as the case may be.

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, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid.

Limitation of Liability
EBS shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials. In no event shall EBS be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) however it arises whether for breach or in tort, even if EBS has been previously advised of the possibility of such damage.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Web site and will not make a claim against EBS for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials.

You agree to hold EBS harmless from, and you covenant not to sue EBS for, any claims based on using the Web site.

Local Laws; Export Control
EBS controls and operates this Web site from its headquarters in North Billerica, Massachusetts, in the United States of America, and makes no representation that these materials are appropriate or available for use in other locations. Use this Web site in accordance with applicable local laws including but not limited to the export and import regulations of other countries.

Unless otherwise explicitly stated, all marketing or promotional materials found on this Web site are solely directed to individuals, companies or other entities located in the United States.

You acknowledge and agree that materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such materials contrary to U.S. law is prohibited. You agree that none of the materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from EBS, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

General
This Web site could include inaccuracies or typographical errors. EBS and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web site at any time without notice. Changes are periodically made to the Web site.

Massachusetts law and controlling U.S. federal law will govern any action related to these Terms. No choice of law rules of any jurisdiction will apply.

These Terms represent the entire understanding relating to the use of the Web site and prevail over any prior or contemporaneous, conflicting or additional, communications. EBS can revise these Terms at any time without notice by updating this posting.

Trademarks
Electronic Business Solutions and all EBS-based trademarks and logos, Ultra2, Galaxy, G1, G10, EBS Marketing Communications, are registered trademarks of EBS Inc. in the United States.

All SPARC, and UltrhtmARC trademarks are used under license and are trademarks or registered trademarks of SPARC International, Inc. in the United States and other countries. For all trademark policies for Third Party suppliers, please read their policy statements.

All Sun, Oracle and VERITAS products, related logos and trademarks are used under license and are trademarks or registered trademarks of Sun Microsystems, Oracle and VERITAS respectively in the United States and other countries.

Copyright Notice
Copyright 1989-2004 by Electronic Business Solutions, Inc., One Executive Park Drive, North Billerica, MA 01862, USA. All rights reserved.