Welcome to the website (the "website")
of TriPrism, Inc. ("TriPrism"). On this website, TriPrism
may make available to you a wide range of information, software,
products, downloads, documents, communications, files, text,
graphics, publications, content, tools, forums, resources, and
USING THIS WEBSITE. By accessing and using this website in any
way, including, without limitation, browsing the website, using
any information, using any content, using any services, downloading
any materials, and/or placing an order for products or services,
TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF
are entered into by and between TriPrism and you. If you are
using the website on behalf of your employer, you represent
TriPrism reserves the right, at TriPrism's
sole discretion, to change, modify, update, add, or remove portions
this website following the posting of changes to the Terms of
Use will mean you accept those changes.
All materials contained in the website are
the copyrighted property of TriPrism, its subsidiaries, affiliated
companies and/or third-party licensors. All trademarks, service
marks, and trade names are proprietary to TriPrism, or its subsidiaries
or affiliated companies and/or third-part licensors.
Unless otherwise specified, the materials
and services on this website are for your personal and non-commercial
use, and you may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products
or services obtained from the website without written permission
TriPrism respects your desire for privacy.
By using the website, you are consenting to the processing of
your data by TriPrism and consenting to the terms of our Privacy
Any software that is made available to download
from the website ("Software") is the copyrighted work
of TriPrism and/or its suppliers. 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"), or as expressly stated on the website pages
accompanying the software.
The Software is made available for download
solely for use by end users according to the License Agreement.
Any use, reproduction or redistribution of the Software not
in accordance with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Absent a License Agreement that accompanies the Software, use
Without limiting the foregoing, copying or
reproduction of the software to any other server or location
for further reproduction or redistribution is expressly prohibited,
unless such reproduction or redistribution is expressly permitted
by the license agreement accompanying such software.
The software is warranted, if at all, only
according to the terms of the license agreement. Except as warranted
in the license agreement, TriPrism, Inc. hereby disclaims all
warranties and conditions with regard to the software, including
all warranties and conditions of merchantability, whether express,
implied or statutory, fitness for a particular purpose, title
For your convenience, TriPrism may make available
as part of the services or in its materials or software products,
tools and utilities for use and/or download. TriPrism does not
make any assurances with regard to the accuracy of the results
or output that derives from such use of any such tools and utilities.
You shall respect the intellectual property rights of others
when using the tools and utilities made available on the services
or in TriPrism software products.
Except as expressly prohibited on this website,
you are permitted to view, copy, print and distribute publications
and documents within this website (such as FAQs, white papers,
datasheets, press releases and so on), subject to your agreement
that: a) your use of the information is for informational, personal,
and non-commercial purposes only, b) you will not modify the
documents, publications or graphics, c) you will not copy or
distribute graphics separate from their accompanying text and
you will not quote materials out of their context, d) you will
display the below copyright notice and other proprietary notices
on every copy you make, and e) you agree that TriPrism may revoke
this permission at any time and you shall immediately stop your
activities related to this permission upon notice from TriPrism.
Use for any other purpose is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
The permission above to use documents and
publications does not include permission to copy the design
elements, look and feel, or layout of this website. Those elements
of the website are protected by law, such as trade dress, trademark,
unfair competition, and other laws and may not be copied or
imitated in whole or in part. No logo, graphic, sound or image
from the website may be copied or retransmitted unless expressly
permitted by TriPrism.
Except as expressly provided otherwise, TriPrism
and/or its respective suppliers make no representations about
the suitability of the information contained in the documents
and publications and related graphics published on the website
for any purpose. Except as expressly provided otherwise, all
such documents and related graphics are provided "as is"
without warranty of any kind. Except as expressly provided otherwise,
TriPrism and/or its respective suppliers hereby disclaim all
warranties and conditions with regard to this information, including
all warranties and conditions of merchantability, whether express,
implied or statutory, fitness for a particular purpose, title
and non-infringement. In no event shall TriPrism and/or its
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 information available from the
The documents and related graphics published
on the services could include technical inaccuracies or typographical
errors. Changes are periodically added to the information herein.
TriPrism and/or its respective suppliers may make improvements
and/or changes in the product(s) and/or the program(s) described
herein at any time without notice.
Except as expressly provided otherwise, all
information, software, documentation, materials, services and
publication are provided "as-is" without warranty
of any kind and TriPrism hereby disclaims all warranties either
expressed or implied, including but not limited to, implied
warranties of merchantability or fitness for a particular purpose.
In addition, except as expressly provided otherwise, TriPrism
disclaims any warranties of non-infringement, title, or quiet
enjoyment. In no event shall TriPrism and/or its 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 of this website, use or performance of software, documents,
materials, publications, provision of or failure to provide
services, or information available from the website.
Except as expressly provided otherwise, you
assume all risks concerning the suitability and accuracy of
the information within the website, materials, publications
and documents. The website, materials, publications and documents
may contain technical inaccuracies or typographical errors.
TriPrism assumes no responsibility for and disclaims all liability
for any such inaccuracies, errors or omissions in the website,
materials, publications and documents and in any other reference.
TriPrism may make changes to the website,
information, software, website, documents, publications, prices,
technical specifications, product offerings and any other information
and materials on the website at any time and without notice.
The website, documents and publications are
distributed internationally and may contain references or cross-references
to TriPrism products, programs, and services that have not been
announced or available in your country. Such references do not
imply that TriPrism intends to announce such products, programs,
or services in your country.
The website contains links to third-party
sites which are not under the control of TriPrism and TriPrism
is not responsible for the contents on any linked site or any
link contained in a linked site, or any changes or updates to
such sites. TriPrism is not responsible for webcasting or any
other form of transmission received from any linked site. TriPrism
is providing these links to you only as a convenience, and the
inclusion of any link does not imply that TriPrism endorses
or accepts any responsibility for the content on such third-party
If any of the services on the website requires
you to open an account, you must complete the registration process
by providing us with true, current, complete and accurate information
as prompted by the applicable registration form, and you will
maintain and promptly update such information to keep it true,
current, complete and accurate. You also will choose a password
and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that
occur under your account. You agree to notify TriPrism immediately
of any unauthorized use of your account or any other breach
of security. TriPrism will not be liable for any loss that you
may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you
could be held liable for losses incurred by TriPrism or another
party due to someone else using your account or password. You
may not use anyone else's account at any time, without the permission
of the account holder. You acknowledge and agree that certain
services may provide password-restricted access to customer
information such as names and certain terms of your contracts.
By using this website and registering for such services, you
consent to TriPrism's display of such information via the services
and accept all risks of unauthorized access to such information.
If you provide any information that is false, inaccurate, out
of date, or incomplete, or TriPrism has reasonable grounds to
suspect that such information is false, inaccurate, not current,
or incomplete, TriPrism may suspend or terminate your account
and refuse any and all current or future use of the services
or any portion thereof. You are responsible for all costs and
charges, including without limitation, phone charges and telecommunications
equipment, that you incur in order to use the services.
As a condition of your use of the website,
you will not use the website for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may
not use the Services in any manner that could damage, disable,
overburden, or impair any TriPrism server, or the network(s)
connected to any TriPrism server, or interfere with any other
party's use and enjoyment of the website. You may not attempt
to gain unauthorized access to services, materials, other accounts,
computer systems or networks connected to any TriPrism server
or to the website, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
through the website.
The website may contain e-mail services,
bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums and/or other message
or communication facilities designed to enable you to communicate
with others (each a "Communication Service" and collectively
"Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation,
you agree that when using the Communication Services or the
website, you will not:
- Use the Communication Services or the
website in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise)
- Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such as rights of privacy
and publicity) of others.
- Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene, obscene as
to minors, child pornography, racist, lewd, lascivious, filthy,
excessively violent, harassing, indecent, unlawful, or otherwise
objectionable topic, name, material or information.
- Upload, or otherwise make available, files
that contain images, photographs, software or other material
protected by intellectual property laws, including, by way
of example, and not as limitation, copyright or trademark
laws (or by rights of privacy or publicity) unless you own
or control the rights thereto or have received all necessary
consent to do the same.
- Use any material or information, including
images or photographs, which are made available through the
website in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may damage the
operation of another's computer or property of another.
- Advertise or offer to sell or buy any
goods or services for any business purpose, unless such Communication
Services specifically allows such messages.
- Download any file posted by another user
of a Communication Service that you know, or reasonably should
know, cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
- Falsify or delete any copyright management
information, such as author attributions, legal or other proper
notices or proprietary designations or labels of the origin
or source of software or other material contained in a file
that is uploaded.
- Restrict or inhibit any other user from
using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information
about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose
of misleading others.
- Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity any directory
of users of the Communication Services or other user or usage
information or any portion thereof.
- Use any TriPrism domain name as a pseudonymous
return email address for any communications that you transmit
from another location or through another service.
- Transmit unsolicited or bulk communications
to any TriPrism account holder or to any TriPrism.comor affiliated
email address (regardless of whether you use the website to
transmit any such communication).
- Disrupt the normal flow of dialogue, cause
a screen to "scroll" faster than other users of
the website are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in
real time exchanges.
TriPrism has no obligation to monitor the
Communication Services. However, TriPrism reserves the right
to review materials posted to the Communication Services and
to remove and/or edit any materials in its sole discretion.
TriPrism reserves the right to terminate your access to any
or all of the Communication Services at any time, without notice,
for any reason whatsoever.
TriPrism reserves the right at all times
to disclose any information as TriPrism deems necessary to satisfy
any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in TriPrism's sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children in
any Communication Services. TriPrism does not control or endorse
the content, messages or information found in any Communication
Services and, therefore, TriPrism specifically disclaims any
liability with regard to the Communication Services and any
actions resulting from your participation in any Communication
Services. Managers and hosts are not authorized TriPrism spokespersons,
and their views do not necessarily reflect those of TriPrism.
Materials uploaded to the Communication Services
may be subject to posted limitations on usage, reproduction
and/or dissemination; you are responsible for adhering to such
limitations if you download the materials.
Unless otherwise specified, TriPrism does
not claim ownership of the materials you provide to TriPrism
(including, without limitation, information, ideas, concepts,
techniques, feedback, data, questions, comments and suggestions,
or the like) or post, upload, input or submit to the website
or its associated services for review by TriPrism, the general
public, and/or by the members of any public or private community
(each a "Submission" and collectively "Submissions"),
and such Submissions shall be deemed not to be confidential.
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting TriPrism,
its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their
businesses (including, without limitation, all TriPrism services),
including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, modify, translate and reformat your Submissions; to publish
your name in connection with your Submission; develop, manufacture,
and market products incorporating such ideas, concepts, or techniques,
and the right to sublicense such rights to any supplier of the
services and/or materials on the website.
No compensation will be paid with respect
to the use of your Submission, as provided herein. TriPrism
is under no obligation to post or use any Submission you may
provide and TriPrism may remove any Submission at any time in
its sole discretion.
By Posting a Submission you warrant and represent
that you own or otherwise control all of the rights to your
limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
In addition to the warranty and representation
set forth above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in whole
or in part ("Images"), you warrant and represent that
(a) you are the copyright owner of such Images, or that the
copyright owner of such Images has granted you permission to
use such Images or any content and/or images contained in such
Images consistent with the manner and purpose of your use and
(b) you have the rights necessary to grant the licenses and
person depicted in such Images, if any, has provided consent
including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images,
you are granting (a) to all members of your private community
(for each such Images available to members of such private community),
and/or (b) to the general public (for each such Images available
anywhere on the website, other than a private community), permission
to use your Images in connection with the use, as permitted
the website (including, by way of example, and not as a limitation,
making prints and gift items which include such Images), and
including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, modify, translate
and reformat your Images without having your name attached to
such Images, and the right to sublicense such rights to any
supplier of the services and/or materials on the website. No
compensation will be paid with respect to the use of your Images.
You acknowledge that TriPrism does not pre-screen
Submissions, but that TriPrism and its designees have the right
,but not the obligation, in their sole discretion to block or
restrict access to or the availability of, or to disable, any
Submissions that is available via the website. Without limiting
the foregoing, TriPrism and its designees may disable, restrict
access to or the availability of, any Submissions that violates
and bear all risks associated with, the use of any Submissions,
including any reliance on the accuracy, completeness, or usefulness
of such Submissions.
You understand that all Submissions, whether
publicly posted or privately transmitted, are the sole responsibility
of the person from whom such Submissions originated. This means
that you, and not TriPrism, are entirely responsible for all
Submissions that you upload, post, provide, input, submit, or
otherwise transmit via the website. TriPrism does not control
the Submissions posted via the website and, as such, does not
guarantee the accuracy, integrity or quality of such Submissions.
You understand that by using the website, you may be exposed
to Submissions from others that are offensive, indecent or objectionable.
TriPrism or any of its employees do not accept
or consider unsolicited ideas, including ideas for new advertising
campaigns, new promotions, new products or technologies, processes,
materials, marketing plans or new product names. Please do not
send any original creative artwork, samples, demos, programs,
or other works. The sole purpose of this policy is to avoid
potential misunderstandings or disputes when TriPrism's products,
services, or marketing strategies might seem similar to ideas
submitted to TriPrism. If, despite our request that you not
send us your ideas and materials, you still send them, please
understand that TriPrism makes no assurances that your ideas
and materials will be treated as confidential or proprietary.
You agree that TriPrism would be irreparably
harmed by the use, by you or others, of the website or facilities
in connection with the transmission of spam newsgroup postings
that TriPrism is entitled to obtain injunctive relief against
any such transmission (in addition to all other remedies available
at law or in equity). TriPrism reserves the right to block,
filter or delete unsolicited e-mail.
You agree to indemnify, defend and hold TriPrism,
and its subsidiaries, affiliates, officers, agents, co-branders,
partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party
due to or arising out of your Submissons, your use of the website,
including any use by your employees, your connection to the
of any rights of another.
TriPrism may run advertisements and promotions
from third parties on the website. The manner, mode and extent
of advertising by TriPrism is subject to change. Your correspondence
or business dealings with, or participation in promotions of,
advertisers other than TriPrism found on or through the website,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. TriPrism is not responsible or liable for any loss
or damage of any kind incurred as the result of any such dealings
or as the result of the presence of such non-TriPrism advertisers
on the website.
TRADEMARKS: The names of actual companies
and products mentioned herein and/or third party trademarks,
trade names and logos contained herein may be the trademarks
of their respective owners. The example companies, organizations,
products, domain names, email addresses, logos, people and events
depicted herein are fictitious. No association with any real
company, organization, product, domain name, e-mail address,
logo, person, or event is intended or should be inferred. Any
rights not expressly granted herein are reserved.
between you and TriPrism and govern your use of the website,
superseding any prior agreements between you and TriPrism on
the subject matter (including, but not limited to, any prior
to the extent, and only to the extent, that any terms set forth
written agreement between you and TriPrism in effect as of the
date of your use of the website and specifically regarding your
use of the website ("Executed Agreement"), such contradictory
terms set forth in the Executed Agreement shall govern. You
also may be subject to additional terms and conditions that
may apply when you use other TriPrism services, third-party
content or third-party software. You must not assign or otherwise
California law and controlling U.S. federal
to the principles of choice of law. The parties specifically
disclaim the U.N. Convention on Contracts for the International
Sale of Goods.
TriPrism controls and operates this website
from its headquarters in various locations in the state of California
in the United States of America and makes no representation
that this website is appropriate or available for use in other
locations. If you use this website from other locations, you
are responsible for compliance with applicable local laws including
but not limited to the export and import regulations of other
The failure of TriPrism to exercise or enforce
a waiver of such right or provision. If a court of competent
the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the
in full force and effect. Regardless of any statute or law to
the contrary, any claim or cause of action arising out of or
within one (1) year after such claim or cause of action arose
are for convenience only and have no legal or contractual effect.