TERMS OF USE ============ PRIVACY The Internet is an amazing tool. It has the power to change the way we live, & we're starting to see that potential today. With only a few mouse-clicks, you can follow the news, look up facts, buy goods & services, & communicate with others from around the world. It's important to help our customers retain their privacy when they take advantage of all the Internet has to offer. To protect your privacy, we follow five principles in accordance with world-wide practices for customer privacy & data-protection. 1. Notice You will be asked when we need information that personally identifies you or allows us to contact you. Generally this information is requested when you create a Registration-ID on the site or when you download free software, enter a contest, order email newsletters or join a limited-access premium site. Your personal information is used for the following primary purposes: * To help us create content most relevant to you. * To help you quickly find software, services, or information. * To make the site easier for you to use by not having to enter information more than once. * To alert you to product upgrades, special offers, updated information, & other services. 2. Consent If you choose not to register or provide personal information, you can still use most of our site. But you will not be able to access areas that require registration. If you decide to register, you will be able to select the kinds of information you want to receive by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding our products, programs, events, or services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages. Occasionally, we allow other companies to offer our registered customers information about their products & services, using postal mail only. If you do not want to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third-parties. 3. Access You will be provided with the means to ensure that your personal information is correct & current. You may review & update this information at any time. Tell us whether you would like marketing information, or whether you want third-parties to send you their offers by postal mail. Sign-up for electronic newsletters about our services & products or register. Once you register, you won't need to do it again. Wherever you go on our site, your information stays with you. 4. Security Strong measures have been taken to protect the security of your personal information & to ensure that your choices for its intended use are honored. Other precautions are also implemented to further protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. 5. Enforcement If for some reason you believe we have not adhered to these principles, please notify us by email & we will do our best to determine & correct the problem in a prompt manner. Be certain the words Privacy Policy are in the Subject-line. NOTICE TO PARENTS OR GUARDIANS We wish to help you guard your children's privacy. You are encouraged to talk to your children about safe & responsible use of their Personal Information while using the Internet. ELECTRONIC PRODUCT REGISTRATION When you buy & install a new product, you may be asked to register your purchase electronically. When you do, your registration information is merged with any information you've already left with us in your personal profile. If you haven't previously registered with us, we create a personal profile for you from your product registration information. If you ever want to review or update that information, you may. If you haven't already created a Registration-ID, you will be asked to do so. CUSTOMER PROFILES As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile. When you register, your profile is created & you are assigned a personal identification number. This personal identification number is sent back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across our site, allowing you to download free software, order free newsletters, & visit premium sites without having to fill out registration forms with information you've already provided. Even if you switch computers, you won't have to re-register. Simply use your Registration-ID to identify yourself. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE Any software that is made available to download from this server ("Software") is the copyrighted work. 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 ("license-agreement"). An end user will be unable to install any Software that is accompanied by or includes a License-Agreement, unless he or she first agrees to the license-agreement terms. The Software is made available for downloading solely for use by end users according to the license-agreement. Any reproduction or redistribution of the Software not in accordance with the license-agreement is expressly prohibited by law, & may result in severe civil & criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE license-agreement. EXCEPT AS WARRANTED IN THE license-agreement, ALL WARRANTIES & CONDITIONS WITH REGARD TO THE SOFTWARE ARE HEREBY DISCLAIMED, INCLUDING ALL IMPLIED WARRANTIES & CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, & NON-INFRINGEMENT. RESTRICTED RIGHTS LEGEND Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies &/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data & Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) & (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE Permission to use Documents (such as white papers, press releases, datasheets & FAQs) from this server ("Server") is granted, provided that (1) the below copyright-notice appears in all copies & that both the copyright-notice & this permission notice appear, (2) use of such Documents from this Server is for informational & non-commercial or personal use only & will not be copied or posted on any network computer or broadcast in any media, & (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, & may result in severe civil & criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the website or any other owned, operated, licensed, or controlled site. Elements of websites are protected by trade dress, trademark, unfair competition, & other laws & may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any website may be copied or retransmitted unless expressly permitted. WE HOLD NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS & RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS & RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES & CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES & CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, & NON-INFRINGEMENT. IN NO EVENT SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER. THE DOCUMENTS & RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE OR OUR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS &/OR CHANGES IN THE PRODUCT(S) &/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. NOTICES REGARDING SOFTWARE, DOCUMENTS & SERVICES AVAILABLE ON THIS WEBSITE IN NO EVENT SHALL WE &/OR OUR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER. Our products or content may NOT be modified, converted, commercially exploited, or distributed on CD-ROM or other physical media in whole or part without express written-consent. It may be referenced by electronic means only with no charge to the recipient provided this text file is available unmodified. The products & content contained herein shall perform in significant compliance with the accompanying documentation. This is provided "as is" & without warranty of any kind, either express or implied, including but not limited to warranties of merchantability & fitness for a particular purpose. The author will not be liable for any damages, including lost profits, lost savings, or other incidental or consequential damages, arising out of use. NOTICES & PROCEDURE FOR MAKING CLAIMS OF copyright-infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright-infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice & Procedure for Making Claims of copyright-infringement. LINKS TO THIRD-PARTY SITES MANY LINKS WILL LET YOU LEAVE OUR SITE. THE LINKED SITES ARE NOT UNDER OUR CONTROL & WE ARE 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. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WE SIMPLY PROVIDE THESE LINKS TO YOU ONLY AS A CONVENIENCE, & THE INCLUSION OF ANY LINK DOES NOT IMPLY OUR ENDORSEMENT. TRADEMARKS The names of actual companies & products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people & events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. COPYRIGHT Any rights not expressly granted herein are reserved. Copyright © 2004 SkyHigh Systems - All rights reserved.