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Welcome to the Double-Take Software, Inc. website (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.
You may download, view, copy, and print documents and graphics incorporated this Site (the "Information") subject to the following: (a) the Information may be used solely for personal, informational, non-commercial purposes; and (b) the Information may not be modified or altered in any way. You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any information from this website in whole or in part without the express written authorization of Double-Take Software, Inc. ("Double-Take Software").
Trademark Information and Copyright
© Double-Take Software, Inc. All rights reserved. Double-Take, GeoCluster, Double-Take for Virtual Systems, TimeData, netBoot/i, winBoot/i, Double-Take Cargo, sanFly, Livewire, NSI, Balance, Double-Take ShadowCaster, and associated logos are registered trademarks or trademarks of Double-Take Software, Inc. and/or its subsidiaries in the United States and/or other countries. Microsoft, Windows, and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries. All other trademarks are the property of their respective companies. Double-Take Software, Inc. protects and defends vigorously its trade name, trademarks, patents, designs, copyrights, and other intellectual property rights. Unless otherwise specified, no person has permission to copy, redistribute, reproduce, or republish in any form the information on this website.
Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows:
Double-Take Software, Inc.
Chief Financial Officer
8470 Allison Pointe Boulevard
Suite 300
Indianapolis, IN 46250
With a copy to:
Double-Take Software, Inc.
Associate Corporate Counsel
8470 Allison Pointe Boulevard
Suite 300
Indianapolis, IN 46250
Terms and Conditions Specific to Software
The materials on the Double-Take Software website(s) are provided as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below and to the Double-Take Software End User License Agreement for that particular product. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. If you do not agree to them, do not use the site or download any materials from it.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Double-Take Software, Inc. or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Double-Take Software copyright. You agree that the software shall remain the property of Double-Take Software and that you only have a license to use the software. Double-Take Software reserves all other rights to the software.
Use of Services
Any material, information or other communication you transmit or post to this website will be considered non-confidential and non-proprietary. Double-Take Software will have no obligations with respect to the material, information or other communication transmitted or posted to this website. Double-Take Software and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications, materials, information and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, pornography, or other material that would violate any federal, state or international law.
Terms and Conditions Specific to Documents
Documents published by Double-Take Software on its website(s) are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Double-Take Software shall not under any circumstances be liable to any person for any special, incidental, indirect or consequential damages, including, without limitation, damages resulting from use of or reliance on the information presented, loss of profits or revenues or costs of replacement goods, even if informed in advance of the possibility of such damages.
We have made every effort to ensure the accuracy of the information presented. However, Double-Take Software assumes no responsibility for the accuracy of the information presented. Product information is subject to change without notice. Changes, if any, will be incorporated in new editions of these publications. Double-Take Software may make improvements or changes in the products or programs described within the publications at any time without notice. Mention of products or services not manufactured or sold by Double-Take Software is for informational purposes only and constitutes neither an endorsement nor a recommendation for such products or services.
Disclaimer
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, INCLUDING ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES WHICH DOUBLE-TAKE SOFTWARE MAY PROVIDE RELATED TO SPECIFIC SOFTWARE PRODUCTS IS CONTAINED IN AN END USER LICENSE AGREEMENT SUPPLIED TO YOU WITH SUCH SOFTWARE. EXCEPT AS MAY BE PROVIDED IN SUCH LICENSE AGREEMENT, DOUBLE-TAKE SOFTWARE DOES NOT WARRANT THAT THE OPERATION OF ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DOUBLE-TAKE SOFTWARE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DOUBLE-TAKE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), OR ANY OTHER SIMILAR DAMAGES OR LOSS, WHETHER IN AN ACTION OF CONTRACT, OR TORT OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR USE OF THIS WEBSITE OR ANY OTHER WEBSITE, EVEN IF DOUBLE-TAKE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification and Release
By accessing this Site, you agree to hold Double-Take Software harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Site and any materials, services, or products available through our website. In addition, you hereby release Double-Take Software from any and all claims for damages (actual or consequential), costs, or expenses of any kind or nature whatsoever, that you may have against Double-Take Software arising out of or in any way related to any materials, software, services, or products made available on this Site. You hereby agree to waive all laws that may limit the efficacy of such releases.
Choice of Law
This Site is controlled, operated and administered by Double-Take Software from its offices within the United States of America. Use of this website or any information or materials made available by Double-Take Software through this website is governed by the laws of the State of Delaware, United States, without reference to conflict of laws provisions or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Delaware. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
Export Controls
None of the software or underlying information or technology available on the Site may be downloaded or otherwise exported or re-exported in violation of the laws and administrative regulations of the United States or any other applicable jurisdiction; 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. By downloading, installing or using the software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.
Our Commitment to Privacy
General Information
We also collect certain information automatically related to the use of our website, including Internet Protocol addresses, Internet domain names, the web browser and operating system used to access these website(s), the files visited, the time spent in each file, and the time and date of each visit. We may also post advertisements at a third party's web site or use third parties to provide content on our behalf.
Collection and Use of Personal Information
The personal information you provide to us will be used for the purpose for which it was provided - such as contacting you or processing an order. We will also use and transfer this information (excluding credit card information) to contact you regarding new products, technical updates, special offers and upcoming events. If you do not wish to receive such communications, please see our opt-out policy below. Information such as IP address, browser type and operating system is analyzed for site trends and statistics.
From time to time, Double-Take Software may make certain personal information (excluding credit card information) available to our business partners whose products or services we think may interest you. If you do not wish to receive such communications from our business partners, please see our opt-out policy below.
Use of Cookies
We use cookies in conjunction with our web sites and advertisements. A cookie typically consists of information generated by web page server and stored on your computer's hard drive. Cookies, by themselves, are not able to extract any personal information from you. Unless you specifically tell us, we will not know who you are even though we may assign your computer a cookie. The cookie automatically identifies your computer, but not you, to our servers when you visit our website. It normally identifies your preferences and is utilized for subsequent visits to the web page server. You can control the creation of cookies through your web browser. However, you may not be able to use certain functions and features of a website if you disable cookies. We use the information from cookies to evaluate and improve our website(s) and advertisements.
Opt-Out Policy
If at any time you do not want to receive electronic communication from Double-Take Software or from its business partners, please send an e-mail to: info@doubletake.com with one of the following as the subject of the message: “unsubscribe all lists”; “Unsubscribe Double-Take Software list”; or “Unsubscribe all lists”. Please include your full name, address, e-mail address and telephone number within the text of your e-mail. Please allow at least fifteen (15) business days for your request to go into effect.
Correcting or Updating your Personal Information
If you need to correct or update your personal information registered with us, contact us by sending an e-mail to info@doubletake.com and use "personal information update" as the subject of the message. Please make sure to include your previously registered name, address, email address and phone number along with any new personal information in the body of the message. Double-Take Software will record your personal information change in our web database.
These Terms of Use and Privacy Statement constitute the entire agreement between Double-Take Software and you with respect to your use of the Site. Because technologies on the Internet change so quickly, Double-Take Software reserves the right to modify these Terms of Use and Privacy Statement from time to time. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the terms shall continue in full force and effect.
Questions
If you have any questions regarding these terms, please contact Double-Take Software at info@doubletake.com.
© Double-Take Software, Inc. All rights reserved. Double-Take, GeoCluster, Double-Take for Virtual Systems, TimeData, netBoot/i, winBoot/i, Double-Take Cargo, sanFly, Livewire, NSI, Balance, Double-Take ShadowCaster, and associated logos are registered trademarks or trademarks of Double-Take Software, Inc. and/or its subsidiaries in the United States and/or other countries. Microsoft, Windows, and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries. All other trademarks are the property of their respective companies. Double-Take Software, Inc. protects and defends vigorously its trade name, trademarks, patents, designs, copyrights, and other intellectual property rights. Unless otherwise specified, no person has permission to copy, redistribute, reproduce, or republish in any form the information on this website.