TERMS OF USE

ACCEPTANCE OF TERMS

RidgeRun, Inc. ("RidgeRun") makes available for your use on this Web site (the "Site") information, documents, software and products (collectively, the "Materials") and various services (the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing this Site, you agree to the Terms of Use. RidgeRun reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using, accessing, or retrieving particular Materials or Services on this Site, you shall be subject to any posted guidelines or rules applicable to such Materials or Services that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials or Services downloaded, cached, retrieved, printed, or stored from the Site.

INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE

The Materials and Services on this Site are protected by patent law, copyright law, publicity rights law, moral rights law, trade secret law, trade dress law, trademark law, unfair competition law, and/or other similar protections (hereafter referred to as "Intellectual Property Rights") and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, RidgeRun does not grant any express or implied right to you under any Intellectual Property Rights with respect to the Materials and Services.

Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of RidgeRun.

Use of Software. The software and accompanying documentation that are made available to download, retrieve, access, store or print from this Site are the copyrighted works of RidgeRun and/or its suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement and any other license agreement(s) it may incorporate by reference. If you do not agree to such terms, you are not authorized to use the software.

Use of Site Information. Except as otherwise indicated elsewhere on this Site, you may view, download, retrieve, access, store and print the documents and information available on this Site subject to the following conditions:

The documents and information may not be modified or altered in any way.

You may not remove any copyright, trademark, service mark or other proprietary notices contained in the documents and information.

RidgeRun reserves the right to revoke the authorization to view, download, retrieve, access, store and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon notice from RidgeRun.

The rights granted to you constitute a license and not a transfer of title.

You may not sell or resell Materials and Services.

You may not modify, reproduce, display, publicly perform or otherwise use the Materials and Services in any way not expressly authorized under the Terms of Use or applicable license agreement.

You may not use the Materials and Services on any other web site or in any other networked computer environment for any purpose.

You shall not copy or adapt the XML, HTML or other code that RidgeRun creates to generate pages on the Site.

The pages and elements on this Site are protected by Intellectual Property Rights, owned by RidgeRun, and are not licensed hereby. You may not copy or imitate, in whole or in part, the pages and elements on this Site. The rights specified above to view, download, retrieve, access, store and print the documents and information available on this Site are not applicable to the design or layout of this Site.

Cookies. You acknowledge that the Site uses cookies on certain pages and that many features and services on the Site may be available only through the use of a cookie. You expressly authorize RidgeRun to generate and utilize cookies that shall be stored on the hard drive of the computer used to access the Site. You are free to decline cookies if your browser permits, but some loss of the features, Materials and Services offered via the Site may occur as a result.

No Exclusive Rights. No exclusive right of any kind is granted to you under the Terms of Use.

Derivative Works. You are prohibited from creating derivative works or other modifications of any of the Materials and Services or of any portion of the Site. If you create derivative works of the Materials and Services or of any portion of the Site through the written permission of the Site or otherwise, you hereby assign, transfer and set overall worldwide rights, title and interest, including all Intellectual Property Rights, to any and all portions of such derivative works, unless otherwise agreed upon in writing by RidgeRun. You agree to execute all necessary documents and cooperate fully with RidgeRun in order to perfect any assignments required by the Terms of Use.

Redistribution. You are prohibited from redistributing any of the materials provided over the Site in any form of printed or electronic communication including expressly, but not limited to, magnetic media, the Internet or photocopies.

CONFIDENTIAL INFORMATION

Please note that, with the exception of certain credit and financial information, which may be used by RidgeRun for billing and payment purposes, RidgeRun does not want to receive confidential or proprietary information from you through our Site. Any non-personal information or material sent to RidgeRun will be deemed NOT to be confidential. By sending RidgeRun any non-personal information or material, you grant RidgeRun an unrestricted, irrevocable, worldwide license to use, reproduce, display, perform, modify, transmit and distribute non-personal materials or information, and you also agree that RidgeRun is free to use (without payment to you) any ideas, concepts, know-how or techniques that you send us for any purpose.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND RIDGERUN, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RIDGERUN MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED, AND/OR (v) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS MATERIALS AND SERVICES WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM THE DATE YOU FIRST VIEW, DOWNLOAD, RETRIEVE, ACCESS OR PRINT THE MATERIALS OR SERVICES.

THIS SITE COULD INCLUDE TECHNICAL MISTAKES, INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER MISTAKES. RIDGERUN MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND RIDGERUN MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES OR THAT OUT-OF-DATE MATERIALS OR SERVICES WILL OPERATE PROPERLY OR IN AN ERROR-FREE MANNER. THE USE OF THE SITE AND THE MATERIALS AND SERVICES IS AT YOUR OWN RISK.

IN NO EVENT SHALL RIDGERUN OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT RIDGERUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Third-Party Web Sites. This Site contains links to third-party Web sites that are not under the control of RidgeRun. RidgeRun makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-RidgeRun Web site, you do so at your own risk and RidgeRun is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. RidgeRun provides these links merely as a convenience and the inclusion of such links does not imply that RidgeRun endorses or accepts any responsibility for the content or uses of such Web sites.

International Access. This Site can be accessed from other countries around the world and may contain references to RidgeRun products, services, and programs that have not been announced in your country. These references do not imply that RidgeRun intends to announce such products, services or programs in your country.

EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS

The export and re-export of RidgeRun software products are controlled by the United States Export Administration Regulations (as amended from time to time) and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, RidgeRun software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading a RidgeRun software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All RidgeRun products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

INDEMNITY

You agree to indemnify and hold RidgeRun, and its subsidiaries, affiliates, officers, directors, agents, or other partners, and employees, harmless from any loss, liability, claim, damages, demand, cost, expense, dispute, action or litigation, including reasonable attorneys' fees, made by any third party due to or arising out of content, materials and services you submit, transmit or provide through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity. The foregoing indemnity shall survive and continue in force after the termination of these Terms of Use without limitation. If you fail to accept the defense of the matter as above provided, RidgeRun shall have the full right to defend against any such claim or demand, and shall be entitled to settle or agree to pay in full such claim or demand, in its sole discretion, and seek payment from you hereunder.

GOVERNING LAW AND JURISDICTION

By accessing this Site, you and RidgeRun agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Idaho, without regard to the conflicts of laws principles thereof. You and RidgeRun also agree and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal courts in Boise, Idaho with respect to such matters. RidgeRun makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

TRADEMARK/COPYRIGHT INFORMATION

You acknowledge that trademarks, logos, service marks and other proprietary marks ("Marks") may be displayed on this Site which are the property of RidgeRun or other third parties. You are not permitted to use the Marks without the prior written consent of RidgeRun or such third party which may own the Marks. RidgeRun and DSPLinux are trademarks of RidgeRun, Inc. Linux® is a registered trademark of Linus Torvalds in many countries, and is used by RidgeRun under license.

Contents are Copyright ©2000 - 2001 RidgeRun, Inc. All rights reserved.

RidgeRun, Inc.
205 N. 10th Street, 4th Floor
Boise, ID 83702
208.331.2226 Tel
208.331.2227 Fax