Terms of Use

These terms and conditions (the "Terms of Use") govern your use of this Attest Systems, a division of Nacio Systems, Inc. ("Attest") Website (the "Web site").

Terms of Use

Acceptance of Terms

By accessing, browsing and/or using this Web site, you acknowledge that you have read, understood, and agree to be bound by the following Terms of Use and to comply with all applicable laws and regulations. If you do not agree to these terms, you should leave this Web site immediately.

General

The information, documents, products, software and services provided on this Web site ("Materials") are protected by law, including, but not limited to, U.S. Copyright law and international treaties. Attest makes no representation that the Materials are appropriate or available for use in locations other than the United States. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Web site and the Materials contained herein is governed by the laws of the state of California. These Terms of Use contain the entire understanding of the parties hereto relating to the use of this Web Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Web Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. Attest reserves the right to modify or to terminate these Terms of Use without notice, if, in Attest's sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all Materials obtained from this Web Site, copies and related documentation thereof. In addition, Attest reserves the right to terminate this Web Site without notice.

Use Restrictions

This Web site is owned and operated by Attest, which owns or licenses all the Material provided on this Web site. Except as stated herein, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Attest or the copyright, trademark and/or servicemark owner. Permission is granted to display, copy, distribute and download the Materials for personal, non-commercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials. You also may not mirror any Materials contained on this Web site on any other server. Any unauthorized use of any Material contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Use of Software

Any software downloaded by you from this Web site, including, without limitation, any files, images incorporated in or generated by the software and data accompanying the software (collectively, the "Software") is licensed to you under terms of Attest System's standard license agreement that is accompanied by or included in the Software ("License Agreement"). Your rights to use the Software are expressly limited to the terms set forth in the license agreement. Downloading the Software does not transfer title to the Software, or any intellectual property rights therein, to you.

THE SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATION AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE INVALID.

U.S. Export Controls

The Materials are subject to United States government export restrictions. You understand that none of the Materials or any underlying technology or direct product thereof may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria, (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders, U.S. Treasury Department's list of Specially Designated Nationals or any other U.S. government denied or embargoed party list or (iii) otherwise in violation of any restrictions, laws or regulations of any United States or foreign agency or authority. The Materials may not be used for the design or development of nuclear, chemical, or biological weapons or missile technology without the prior permission of the United States government.

U.S Government Restricted Rights

The Materials on this Web site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations, including, but not limited to, the restrictions provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is Attest Systems, Inc., 100 Rowland Way, 2nd Floor, Novato, CA 94945 USA. Use of the Materials by the Government constitutes acknowledgment of Attest's proprietary rights in them.

Links to Third Party Sites

Attest provides links to third-party sites. Attest does not control the linked sites and Attest is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Attest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Attest of the site.

Legal Disclaimers

UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS ARE FURNISHED "AS IS" AND WITH ALL FAULTS. ATTEST MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU REGARDING THE MATERIALS. ATTEST SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. ATTEST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS WEB SITE OR ANY WEB SITES LINKED TO THIS WEB SITE.

IN NO EVENT WILL ATTEST BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE SERVICES PROVIDED, OR THE USE OR INABILITY TO USE ANY OF THE MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF ATTEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE TOTAL LIABILITY OF ATTEST WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS WEB SITE, OR PURCHASING OR DOWNLOADING MATERIALS FROM THIS WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Copyright, Trademarks and Servicemarks

The Materials contain copyrighted, trademarked, and/or service marked animations, photographs, images, videos, text, music and sounds. Nothing on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Materials, without the prior written permission of the copyright, trademark and/or service mark owner. Attest will enforce its intellectual property rights to the fullest extent of the law. The name of Attest or the GASP logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this Web site, without prior written permission. Attest prohibits use of the GASP logo as a "hot" link to any Attest site unless establishment of such a link is approved in advanced by Attest in writing.

A partial list of Copyright, Trademark and/or Servicemark information is as follows:

Copyright Notice. Copyright © 2000-2005 Attest Systems, a division of Nacio Systems, Inc. All rights reserved.

Trademark and Servicemark Notices. "GASP®", "Attest™", "GASP Standard™", "GASP Enterprise™", "GASP Audit™", "GASP Hardware Profiler™", "GASP Net™", "GASP Report™", "GASP eAudit™", "GASP eAdministrator™", "GASP eAgent™", are either trademarks or registered trademarks of Attest Systems.

"Microsoft", "Microsoft Windows", "Microsoft Windows XP", "Microsoft Windows 2000", "Microsoft Windows NT", "Microsoft Windows 98", "Microsoft Windows ME", "Microsoft Windows 95", "Microsoft SQL", "Microsoft SMS", and "Microsoft Internet Explorer" are trademarks or registered trademarks of Microsoft Corporation.

"Novell" and "NetWare" are trademarks or registered trademarks of Novell, Inc.

"Macintosh" is a registered trademark of Apple Corporation.

"Netscape Communicator" is a trademark or registered trademark of Netscape Communications Corporation.

"Adobe", "Acrobat", and "Acrobat Exchange" are trademarks of Adobe Systems Incorporated.

"Crystal Reports" is a trademark or registered trademark of Business Objects SA.

"Delphi" is a trademark or registered trademark of Borland Software Corporation.

All other trademarks, servicemarks and/or copyrights mentioned herein may be the trademarks, servicemarks and/or copyrights of their respective owners.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.