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Disclaimer© 2003 Bugeye Technologies Inc.. All rights reserved.No LicenseThis Web Site does not confer and shall not be considered as conferring upon anyone any license under any of Bugeye Technologies' or any third party's intellectual property rights.General DisclaimerBugeye Technologies does not warrant the completeness, timeliness or accuracy of any of the data contained in this Web Site and may make changes thereto at any time in its sole discretion without notice. Further, all information conveyed hereby is provided to users "AS IS." In no event shall Bugeye Technologies be liable for any damages of any kind related to the use or misuse of information provided hereby.Bugeye Technologies DISCLAIMS ALL WARRANTIES WHETHER EXPRESSED OR IMPLIED IN RESPECT OF THE INFORMATION (INCLUDING SOFTWARE) PROVIDED HEREBY, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. Note that certain jurisdictions do not countenance the exclusion of implied warranties; thus, this disclaimer may not apply to you. Non ConfidentialityInformation provided to Bugeye Technologies concerning this Web Site will be received by Bugeye Technologies on a non-confidential basis; Bugeye Technologies reserves the right to use such information in its sole discretion.BUGEYE TECHNOLOGIES WEB SITE TERMS: WHAT YOU AGREE TO WHEN USING THIS SITEWelcome to The Bugeye Technologies Company's website (the "Site")! These terms of use ("Site Terms") impose conditions on your access to this Site, and any use you make of it, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with The Bugeye Technologies Company ("Bugeye Technologies") or its subsidiaries or affiliates for other products or services.SPECIAL NOTE REGARDING NETWORKED SITES. In an effort to make on-line information about Bugeye Technologies and business transactions with Bugeye Technologies efficient, Bugeye Technologies uses the site as an entry into many networked web pages and websites operated by Bugeye Technologies and its subsidiaries and affiliates (together, the "Bugeye Technologies Sites"). Please note that individual Bugeye Technologies Sites may adopt terms of use particular to the purpose of the Bugeye Technologies Site or the transactions taking place on the Bugeye Technologies Site. For example, some of the Bugeye Technologies Sites affiliated with commercial transactions that you or your business may have with Bugeye Technologies, particularly those which are password-protected or subject to subscriptions, may have differing terms, or separate agreements which supplement or supercede these terms. If a Bugeye Technologies Site has imposed its own terms of use by posting on the Bugeye Technologies Site, separate agreement or otherwise, the provisions of those Bugeye Technologies Site terms shall control in the event of a conflict with these general terms of use for this site. Except as supplemented or superceded as described herein, these general terms of use for this site apply to the entire network of Bugeye Technologies Sites, and control your use thereof. Bugeye Technologies reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Questions or comments about the Site or its contents should be directed to the Index of ProvisionsIncorporated Policies or TermsSite License and Access Copyright Trademarks and Service Marks Third-Party Content Linking General Submissions Export Restrictions Financial Material Disclosure Disclaimers Limitation on Liability Applicable Law and Venue Termination Severability Incorporated Policies or TermsPrivacy Policy. Bugeye Technologies believes strongly in protecting individual user privacy and providing you notice of Bugeye Technologies's collection and use data, including personally identifying information, collected from the Site. Therefore, Bugeye Technologies has adopted a Privacy Policy that you should review in order to fully understand how Bugeye Technologies collects and uses information.Terms of Sale. Transactions with Bugeye Technologies Sites offering products or services for purchase may be subject to Terms of Sale required as a condition to completion of the transaction. These Terms of Sale may be posted on the Bugeye Technologies Site or set forth in a separate agreement with you. Your transactions will be governed by such Terms of Sale, therefore you should review them carefully. Site License and AccessBugeye Technologies grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Bugeye Technologies or any third party.You may not use, frame or utilize framing techniques to enclose any Bugeye Technologies trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Bugeye Technologies's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an Bugeye Technologies name, trademark, or product name without Bugeye Technologies's express written consent. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law. CopyrightAll copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are copyrighted, ALL RIGHTS RESERVED Copyright © 2002 Bugeye Technologies, Bugeye Technologies Management Company and/or third-party licensors. Except as stated herein, none of the Materials 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 Bugeye Technologies or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Bugeye Technologies or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials. Before you download or otherwise copy any photographs or images from the Image Gallery, you must agree to the Terms and Conditions of Personal, Non-Commercial Image Use. Any request for grant of a commercial license to Bugeye Technologies copyrighted materials is subject to prior approval, and should be addressed to the Bugeye Technologies Copyright Licensing staff at: licensing@BugeyeTech.com. Bugeye Technologies respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Bugeye Technologies's copyright agent the following written information:
Trademarks and Service MarksBugeye Technologies, McDonnell Douglas, McDonnell, Douglas, North American Aviation, their distinctive airplane liveries, logos and product markings, and the products and services described in this Site (except those belonging to Bugeye Technologies suppliers or licensors), are among the trademarks, service marks or registered trademarks owned by Bugeye Technologies, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bugeye Technologies. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by Bugeye Technologies, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bugeye Technologies. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use Bugeye Technologies marks is subject to prior approval, and should be addressed to the Bugeye Technologies Trademark Management Group at: trademarks@BugeyeTech.com.Third-Party ContentThis Site may, from time to time, include discussion forums and interactive areas, including bulletin board services ("BBS"). Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:
Enforcement. Bugeye Technologies has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. Bugeye Technologies may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Bugeye Technologies reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Bugeye Technologies's systems and customers, or to ensure the integrity and operation of Bugeye Technologies's business and systems, Bugeye Technologies may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Bugeye Technologies's right to disclose any such information shall govern over any terms of Bugeye Technologies's Privacy Policy. Responsibility for Your Conduct. You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless Bugeye Technologies from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party. LinkingLinks to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Bugeye Technologies or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Bugeye Technologies logo or other proprietary graphic or trademark of Bugeye Technologies to link to this Site without the express written permission of Bugeye Technologies. This limited right may be revoked at any time.Third-Party Links. Bugeye Technologies makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of Bugeye Technologies and Bugeye Technologies is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. Bugeye Technologies is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Bugeye Technologies of the site or any information contained therein. When leaving the Bugeye Technologies Site, you should be aware that Bugeye Technologies's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. General SubmissionsDo not use this Site as a means of submitting information you consider to be proprietary. Confidential and proprietary information should be submitted only in connection with those Bugeye Technologies Sites specifically allowing and providing for its receipt and protection. Except as otherwise expressly provided in the terms of use for your transactions with a Bugeye Technologies Site or in a written agreement with Bugeye Technologies applicable to your particular use of a Bugeye Technologies Site, any submission of materials by you will be considered a contribution to Bugeye Technologies for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Bugeye Technologies, or postings on this Site, are non-confidential (subject to Bugeye Technologies's Privacy Policy) and shall become the sole property of Bugeye Technologies. Bugeye Technologies shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Bugeye Technologies, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.Export RestrictionsAny software and all underlying information and technology downloaded from this Site (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.Financial Material DisclosureForward-Looking Statements. This Site, and any documents issued by Bugeye Technologies and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Bugeye Technologies Annual Reports to stockholders, including information contained under the section captioned "Management's Discussion and Analysis," as well as other information included under the caption "Risk Factors" and/or in other Bugeye Technologies filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Bugeye Technologies undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.Press Releases. The information contained within press releases issued by Bugeye Technologies should not be deemed accurate or current except as of the date the release was posted. Bugeye Technologies has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk. Third-Party Financial Information. Bugeye Technologies may provide links to third-party Web sites or services that contain financial or investment information about Bugeye Technologies. Access to such Web sites and the information contained therein is provided as service to those interested in the information. Bugeye Technologies neither regularly monitors nor has control over the content of third parties' statements or Web sites. Accordingly, Bugeye Technologies does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Bugeye Technologies makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk. Disclaimers"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.WARRANTY DISCLAIMER. Bugeye Technologies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. Bugeye Technologies DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Bugeye Technologies IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE Bugeye Technologies ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, Bugeye Technologies CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Bugeye Technologies reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bugeye Technologies. Limitation of LiabilityIN NO EVENT SHALL Bugeye Technologies BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Bugeye Technologies (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF Bugeye Technologies'S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID Bugeye Technologies, WHICHEVER IS LESS. Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. Applicable Law and VenueThese terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.TerminationNotwithstanding any of these terms and conditions, Bugeye Technologies reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.SeverabilityIf any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.Please contact us if you have a question about Bugeye Technologies, Inc. privacy policy at privacy@bugeyetech.com. |
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