ACTIFIO TERMS & CONDITIONS OF USE

Please read these Terms and Conditions of Use carefully before using this website. These Terms and Conditions of Use may have changed since your last visit to this website. Using this site indicates that you accept these terms. If you do not accept these terms, do not use this website.

Actifio, Inc. (“Actifio“) maintains this site as a service to our customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

Use of Website and its Content

This website and the information, materials, documents, videos and related graphics (collectively, the “Materials“) are the property of Actifio, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Actifio authorizes you to view, print and download the Materials for your information and internal use only, provided that you retain all copyright and other proprietary notices contained in the Materials. You may not modify the Materials in any way, reproduce or transmit in any form, by any means, publicly display, perform, distribute or otherwise use the Materials for any public or commercial exploitation.

Any unauthorized use of the Materials for any purpose is strictly prohibited. If you breach any of these Terms and Conditions of Use, your authorization to use this site automatically terminates and you must immediately destroy any downloaded or printed Materials.

The Materials may be out of date, and Actifio makes no commitment to update the Materials. The Materials may include technical inaccuracies or typographical errors. Product descriptions and specifications are subject to change. Actifio reserves the right to make additions, deletions, or modifications to this website or the Materials, or in the products or services described in the Materials, at any time without any obligation to notify you of such changes.

No Warranties

This website and the Materials are provided “as is” without representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

Limitation of Liability

In no event will Actifio be liable for any direct, indirect, special, consequential, incidental, exemplary or punitive damages, including but not limited to loss of profits, goodwill, data, equipment or use, or business interruption arising from or in connection with the existence, use, inability to use, or the results of use of the Materials, this website, any websites linked to this site, or the materials or information contained at any such websites, whether based on warranty, contract, tort or any other legal theory, and whether or not Actifio has been advised of the possibility of such damages.

Links to Third Party Websites

Links to third party websites are provided solely as a convenience to you. If you use these links, you will leave this website. Actifio does not control and is not responsible for any content of these third party sites or any links contained therein. Thus, Actifio does not accept any responsibility or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk. Inclusion of links to third party websites does not imply endorsement of the third party website, the business or organization operating such website, or any material contained on such websites.

Submissions to This Site

Any communications you send to this website shall be treated as non-confidential except as set forth in Actifio’s Privacy Policy.

Jurisdictional Issues

This site is administered by Actifio from its offices in Waltham, Massachusetts, U.S.A. or elsewhere in the United States. Actifio makes no representation that the Materials at this site are appropriate or available for use outside the United States, and access to the Materials from jurisdictions in which the contents of the Materials are illegal is prohibited. You may not use, export or re-export the Materials at this site, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to access this site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Enforcement of These Terms

These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without giving effect to any principles of conflicts of laws. All claims or disputes arising out of or relating to these Terms and Conditions of Use shall be resolved exclusively in the federal or state courts located in Massachusetts, and you specifically and irrevocably consent to the jurisdiction of, and venue in, such courts.

If any part of these Terms and Conditions of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Copyright Notice

© 2012 Actifio, Inc. All rights reserved.

Trademarks

Actifio® and Simpli® are registered trademarks of Actifio, Inc. in the United States and/or other countries. Virtual Data Pipeline™ and Dedup Async™ and AnyIT™ are trademarks of Actifio, Inc.

No use of any Actifio trademark, service mark, trade name, design or logo may be made without the prior, written authorization of Actifio, except to identify the products or services of Actifio. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of Actifio.

All other product and company names and logos are trademarks or service marks of their respective holders.

General

Certain provisions of these Terms and Conditions of Use may be superseded by expressly designated legal notices or terms located on particular pages at this website. Any rights not expressly granted herein are reserved.

Changes to Terms

Actifio reserves the right to modify these Terms and Conditions of Use at any time and without notice. Changes to these Terms and Conditions of Use will be posted on this page, so we encourage you to review our Terms and Conditions of Use from time to time.

Contacting Us

If you have any questions about these Terms and Conditions of Use, please feel free to contact Actifio at the following addresses or numbers:

webmaster@actifio.com

Actifio, Inc.

333 Wyman Street, Waltham

Massachusetts 02451 USA

Attention: Webmaster

+1 781.790.7676

Terms and Conditions of Use last revised: October 9th, 2012

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