Terms of Use

Copyright Actian Corporation 2006, 2011. 500 Arguello Street, Suite 200, Redwood City, CA 94063 All rights reserved. Actian hereby authorizes you to view, print, copy and distribute information published by Actian on this or any other publicly accessed site maintained by Actian’s Worldwide Web server linked to this Legal Notice (collectively, the “Sites”), provided that (a) the information may be used internally (by you or any third party to whom you distribute it) only for informational, non-commercial purposes; (b) no fee may be charged for distribution of any information to any third party; and (c) any and all copyright or other proprietary notices that appear herein, together with this Legal Notice, must appear on all copies that you make or distribute. Any logos, trademarks, site design, product, process or technology published on the Sites may be the subject of Intellectual Property rights reserved by Actian, its subsidiaries or licensors, and are not licensed hereunder. Any software programs and any corrections, updates or new versions of any software programs that may be made available by Actian through the Sites are provided subject to the additional terms, conditions and restrictions indicated in the applicable section of the Sites. If no additional terms are provided on such Sites, any software programs or software code is governed by this provision.

You agree that Actian may, in its sole discretion, at any time, terminate or limit your access to or use of the Sites or any content. It is Actian’s policy to terminate or limit your access to or use of the Sites if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that Actian shall not be liable to you or any third-party for any termination or limitation of your access to or use of the Sites or any content.

Availability

In accessing this website, you agree that Actian may revise the terms of a EULA, documentation, policies or collateral found here at any time without notice to you. The website is furnished for informational use only and is subject to change without notice. Any mention of third-party companies and products is for demonstration purposes only and constitutes neither an endorsement nor a recommendation. Actian assumes no responsibility with regard to the performance or use of products of any such third party. This website is provided on an “as-is” and “as-available” basis. Actian makes every effort to ensure the accuracy of its documentation and assumes no responsibility or liability for any errors or inaccuracies that may appear herein.

Warranties

All information provided via the Sites, including, without limitation, any Actian or its subsidiaries’ product or service plans, software programs, software code, offerings, or programs, statements of future directions, “white papers” or other technical or marketing materials (collectively, “Information”) is intended for informational purposes only and is subject to change or withdrawal by Actian at any time without notice. Actian assumes no responsibility for the accuracy or completeness of the Information. THE INFORMATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ACTIAN FURTHER DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE SITES OR THE INFORMATION PROVIDED HEREIN. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

IN NO EVENT WILL ACTIAN BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF ACTIAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Restricted Rights Legend

The Information is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19, or its successor provision(s), as applicable.

Feedback

Unless expressly provided otherwise by Actian, all comments, feedback, information or materials submitted to Actian through or in association with the Sites shall be considered non-confidential and Actian’s property. By submitting such comments, feedback, information or materials to Actian, you agree to a no-charge assignment to Actian of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Actian shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.

Links to Third Party Sites

The Sites may contain hyperlinks to other Web sites controlled by parties other than Actian. Actian is not responsible for and does not endorse the contents or use of these Web sites.

Governing Law and Jurisdiction

Actian controls the Sites from its offices in Redwood City, California, United States of America. You agree that any legal action, proceeding or other matters relating to your access to, or use of, the Information or the Sites shall be governed by U.S. federal law or the laws of the State of California. You may not access, download, use or export the Information in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

Notice and Procedure for Making Claims of Copyright Infringement

Actian respects the intellectual property rights of others, and we ask those using our websites to do the same. If you believe that the copyright in your work has been or is being infringed where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for Actian or where (ii) Actian, by providing or using an information location tool, such as a directory, index, reference, pointer, or hypertext link, refers or links a third party to a site that contains the copyrighted material, then you may notify Actian by providing the following information to Actian’s designated copyright agent listed below:

  1. A description of the copyrighted work that you claim has been infringed.
  2. A description of the material that you claim is infringing.
  3. An address, telephone number, and if available an email address where you can be contacted.
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in your notification is accurate and that you swear, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. Your electronic or physical signature.

To file a counter notification with us, please provide the following information to Actian’s designated copyright agent listed below:

  1. A description of the material that Actian has removed or to which Actian has disabled access and the location at which the material appeared before it was removed or disabled.
  2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or San Mateo County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
  3. A statement that you swear, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  4. Your electronic or physical signature.

Actian has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Please send notifications of infringement and counter notifications to the designated agent at:

  • Designated Agent: Sharon Stetson, Contracts Manager
  • Address of Designated Agent: Actian Corporation, 500 Arguello Street, Suite 200
  • Email address of Designated Agent: dmca@actian.com
  • Telephone number of Designated Agent: (650) 587-5500