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Terms of Use

All contents copyright (c) 1995--2001 Avistar Communications Corporation, portions copyright Avistar Systems Corporation. All rights reserved. No portion of this website content may be reproduced in any form, or by any means, without prior written permission from Avistar Communications Corporation ("Avistar").

1. Rules and Regulations.

The following rules and regulations apply to all visitors to or users of www.Avistar.com (hereinafter www.Avistar.com or 'this WebSite'). By accessing www.avistar.com, user acknowledges acceptance of these terms and conditions. Avistar reserves the right to change these rules and regulations from time to time at its sole discretion. Access to and use of password protected and/or secure areas of the www.Avistar.com is restricted to authorized users only. In the case of any violation of these rules and regulations, or unauthorized individuals attempting to access these areas of the Web Site, Avistar reserves the right to seek all remedies available by law and in equity for such violations and violators may be subject to prosecution. These rules and regulations apply to all visits to www.AVISTAR.com both now and in the future.

2. Limited License.

If you are an Avistar Customer Licensee, Avistar hereby authorizes you to copy materials published by Avistar on this Web Site solely for non-commercial use within your organization (or if you are a Avistar Partner, your customer's organization) directly in support of Avistar products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent, trademark or copyright of Avistar or any third party. ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON WWW.AVISTAR.COM MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM AVISTAR. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

3. Applicable Agreements and Compliance with Laws

All purchases made via www.AVISTAR.com requires prior execution of the Avistar Online Addendum. In addition, any and all purchases via www.Avistar.com and any software offered for download on www.Avistar.com shall be governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the license terms of the agreement under which you purchased the original product license which you are updating. In addition, access to, and use of, www.Avistar.com is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

4. Materials available on this web site.

Any software, documentation and materials made available for download from Avistar.com ("Materials") are the copyrighted work of Avistar and/or its suppliers. Use of the Materials is governed by the terms of the applicable license agreement, if any, which accompanies or is included with the Materials ("License Agreement"). A user will be unable to install Materials that are accompanied by or include a License Agreement, unless he or she first agrees to the License Agreement terms.

The Materials are made available for download solely for use by licensees according to the License Agreement. Any reproduction or redistribution of the Materials 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.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS 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 MATERIALS.

THE MATERIALS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AVISTAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ALTHOUGH AVISTAR TAKES REASONABLE MEAURES TO PREVENT THE SPREAD OF COMPUTER VIRUSES, ALL DOWNLOADS BY YOU ARE AT YOUR OWN RISK. USERS ARE CAUTIONED TO USE VIRUS PROTECTION SOFTWARE WHEN DOWNLOADING FILES OFF THIS OR ANY OTHER WEBSITE.

5. Trademarks.

The trademarks, logos and service marks ("Marks") displayed on www.Avistar.com are the property of Avistar Communications Corporation, or other third parties. Users are not permitted to use these Marks without the prior written consent of Avistar or such third party which may own the Mark. Avistar and the Avistar logo, Avistar Syste ms, Shareboard, Siren, VOS, The Enterprise Video Company and World on the Desktop are trademarks or registered trademarks of Avistar Systems Corporation. All other names used are the trademarks of their respective owners.

6. General Disclaimer.

Although Avistar has attempted to provide accurate information on the Web Site, Avistar assumes no responsibility for the accuracy of the information. Avistar may change the programs or products mentioned at any time without notice. References to non-Avistar products, i.e. those not directly sold by Avistar on www.Avistar.com is for information purposes only and constitutes neither an endorsement nor a recommendation. ALL INFORMATION PROVIDED ON WWW.AVISTAR.COM IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. AVISTAR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. AVISTAR AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY AVISTAR PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF AVISTAR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Unsolicited idea submission policy.

NEITHER AVISTAR NOR ANY OF ITS EMPLOYEES 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. ACCORDINGLY, PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN AVISTAR'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO AVISTAR. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO AVISTAR OR ANYONE AT AVISTAR. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT AVISTAR MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

8. Disclosure; Forward-Looking Statements.

Some of the information on www.Avistar.com may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. We refer you to the documents the Avistar files from time to time with the Securities and Exchange Commission (SEC), www.sec.gov, including 10-Q and 10K filings. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including, among others, potential fluctuations in quarterly results, dependence on new product development; rapid technological and market change, acquisition strategy, manufacturing risks, risks associated with Internet infrastructure, volatility of stock price, financial risk management, and future growth subject to risks.

9. Products and Services Availability.

Because international information is provided at www.Avistar.com, not all products or programs mentioned will be available in your country. Please contact Avistar Sales Administration at websales@avistar.com for information as to availability of specific products and services in your country.

10. Links to Third Party Sites.

www.Avistar.com may contain links to third party sites. Access to any other Internet site linked to www.Avistar.com is at the user's own risk and Avistar is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Avistar provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.