Wasabi Systems Inc.

Wasabi Systems : Legal and Privacy Notices

Effective as of October 10, 2005

The following terms and conditions apply to all visitors or users of this web site. By accessing this website, the user acknowledges acceptance of the terms and conditions. Wasabi Systems Inc. ("Wasabi Systems") reserves the right to change the terms and conditions from time to time at its sole discretion. In the case of any violation of the terms and conditions, Wasabi Systems reserves the right to seek all remedies available by law and in equity for such violations.

Trademarks
Wasabi®, Flashware®, Storage Builder®, and Storage in a Flash® are registered trademarks of Wasabi Systems Inc. NetBSD®, is a registered trademark of The NetBSD Foundation, Inc. Pentium®, Intel Xeon®, and Intel XScale® are trademarks of Intel® Corporation. Microsoft® and Windows® are trademarks of Microsoft Corporation. All other trademarks are the property of their respective owners.

The use of any Wasabi Systems trademarks without our express written consent is strictly prohibited. Your access to this web site should not be construed as granting, by implication, estoppels or otherwise, any license or right to use any trademarks appearing on the web site without the prior written consent of Wasabi Systems or the third party that may own the mark. If you have any questions, you may contact our legal department by sending an email to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

Copyrights
Unless otherwise specified, all materials appearing on our web site, including the text, site design, graphics, logos, icons and images, audio and video clips, as well as the selection, assembly and arrangement thereof, and all software are the property of Wasabi and are protected by U.S. and international copyright laws. All other copyrighted materials are the property of their respective owners.

You may view, download, print and retain a copy of pages of our web site provided that:

1. Your use of such information from our site is for your own informational use only,
2. You may not post it on any network computer or broadcast it in any media, without linking back to www.wasabisystems.com.
3. Any copy of this information which you make shall retain all legal notices, copyright and other proprietary notices contained therein, and you make no modifications of such information.

Privacy Policy
Wasabi Systems respects your privacy and recognizes your need for appropriate protection of any "Personally Identifying Information" you share with us. We have established this Privacy Policy so you can understand how we intend to treat your information. Wasabi Systems collects information from our visitors at different points on our website. We will not sell, share or disclose Personally Identifying Information to others except as provided in this Policy.

Personally Identifying Information
"Personally Identifying Information" is data, such as names, addresses, e-mail addresses, telephone numbers and fax numbers, that can be used to identify or contact a specific person. Wasabi Systems does not collect Personally Identifying Information from you unless you voluntarily provide it. Personally Identifying Information may be provided by users on the website in several contexts, including registering for services, contests, offers or other promotional opportunities; answering surveys; purchasing items; providing feedback regarding Wasabi Systems' goods and services; using message boards and chat areas; and submitting information for employment opportunities. Personally Identifying Information provided to Wasabi Systems will only be used by Wasabi Systems to perform the service selected by the website user, conduct market analyses, contact visitors to the site, convey special offers, and conduct Wasabi Systems' business. We will not provide Personally Identifying Information gathered from our website to any third party without your consent, except to third parties who may use it in connection with providing the services on our site and/or assisting Wasabi Systems in the conduct of our business.

Log Files
Wasabi Systems uses IP addresses (addresses that identify a user's computer terminal) to analyze trends, administer the site, track users' movements while visiting our website, and gather broad demographic information for aggregate use. IP addresses are not linked to Personally Identifying Information.

Links to Other Websites
Wasabi Systems' website may contain links to other websites over which Wasabi Systems does not have control. Wasabi Systems provides these links solely for your convenience. Please be aware that Wasabi Systems is not responsible for the privacy practices of third-party sites linked to the Wasabi Systems' website. We encourage you to read the privacy policies of each website that you use. Wasabi Systems' privacy policy applies solely to information collected by this website and does not apply to other websites linked to this site.

Changes to Wasabi Systems' Privacy Policy
If we decide to change our privacy policy, we will post those changes on our website. Please check back periodically to ensure you have seen the most current policy. We welcome any questions regarding Wasabi Systems' privacy policy. Please contact us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Children's Online Privacy Protection Act
Wasabi Systems' products and services are directed at an adult market, and therefore this website is intended for use by adults only. No information should be submitted to or posted on this website by users under 13 years of age without the consent of their parent or guardian. No information collected from users known to be under age 13 will be used for any marketing or promotional purposes outside Wasabi Systems.

Disclaimers
Every effort has been made to ensure the accuracy of the information presented. However, Wasabi Systems assumes no responsibility for the accuracy of the information. Product information is subject to change without notice. Wasabi Systems may make improvements and / or changes in the products and / or the programs described in this web site at any time without notice. Mention of any non-Wasabi Systems products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

It is always recommended that you contact Wasabi Systems' sales department for exact and specific information about product details.

ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

WASABI 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 WASABI HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

WASABI MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

Forward-Looking Statements
All statements included or incorporated by reference in this web site, other than statements or characterizations of historical fact, are forward-looking statements. These forward-looking statements are based on our current expectations, estimates and projections about our industry, management's beliefs, and certain assumptions made by us. Forward-looking statements can often be identified by words such as "anticipates," "expects," "intends," "plans," "predicts," "believes," "seeks," "estimates," "may," "will," "should," "would," "could," "potential," "continue," similar expressions, and variations or negatives of these words. In addition, any statements that refer to expectations, projections or other characterizations of future events or circumstances, including any underlying assumptions, are forward-looking statements. These forward-looking statements speak only as of the date they are made and are based upon the information available to us at that time. Such information is subject to change, and we will not necessarily inform you of such changes. These statements are not guarantees of future results and are subject to risks, uncertainties and assumptions that are difficult to predict. Therefore, our actual results could differ materially and adversely from those expressed in any forward-looking statement as a result of various factors. We undertake no obligation to revise or update publicly any forward-looking statement for any reason.

Use of Site from outside the United States
The information on this website and these terms and conditions have been prepared in accordance with the laws of the United States of America, but may not satisfy the laws of other countries. If you reside in, or access this site from, a country other than the United States ("User Country"), you acknowledge that:

1. If the information and these terms and conditions satisfy the laws of the User Country, then you are entitled to use and access the website.
2. If the information and these terms and conditions do not satisfy the laws of the User Country, then this site is not intended for your use and you are not entitled to rely on the information contained on this site. If you do so, you agree to indemnify Wasabi Systems for any loss or damage which Wasabi Systems may incur as a result.