Legal Notices

KUBI SOFTWARE WEB SITE LEGAL NOTICES

TERMS AND CONDITIONS/PRIVACY POLICY

Please read these Terms and Conditions carefully before using this Web site (the "Website"). This Website is provided by Kubi Software, Inc. ("Kubi") for informational purposes only. By using the site or downloading information and other content from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use this Website or download information or content from this Website.

Limited Licenses; Kubi Proprietary Content

Subject to the terms and conditions set forth in this Agreement, Kubi grants you a non-exclusive, non-transferable, limited right to access, use and display this Website and the content thereon. You agree that you will not interrupt or attempt to interrupt the operation of this Website in any way.

Kubi authorizes you to view and download the information and content (collectively "Content") at this Website only for your personal, non-commercial use. This authorization does not transfer title in the Content or copies of such Content and your use of any Content is subject to the following restrictions: 1) you must retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content; 2) you may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on this Website as it may be updated from time to time.

The material on this site is protected under the copyright laws of the United States and international conventions and is the property of or is licensed to Kubi. This site, the information and content contained within it or any portion thereof may not be reproduced or redistributed without the prior written permission of Kubi.

Trademarks

Kubi, Kubi Software, Kubi Client, Kubi Server, Kubi Space, Ubiquitous Collaboration, and the "at-u" logo are all trademarks of Kubi Software, Inc. All other trademarks are the property of their respective owners.

Third Party Websites

Kubi may provide, on this Website, links to Web sites operated by other entities. If you use these sites, you will leave this Website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Kubi makes no warranty or representation regarding, and does not endorse, any linked Web sites or any information, products or services appearing or being offered thereon. Links to other sites do not imply that Kubi or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Kubi or any of its affiliates or subsidiaries.

Information Provided By You

Any personally identifiable information you may provide to Kubi via this Website is protected by the Privacy Policy associated with this Website. Kubi does not want you to, and you should not, send any confidential or proprietary information to Kubi via this Website. You agree that any information or materials that you or individuals acting on your behalf provide to Kubi will not be considered confidential or proprietary. By providing any such information or materials to Kubi, you grant to Kubi an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Kubi is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Kubi. You further recognize that Kubi does not want you to, and you warrant that you shall not, provide any information or materials to Kubi that is obscene, defamatory, threatening, harassing, or otherwise unlawful or actionable, or that incorporates the proprietary material of another.

Disclaimer

THIS WEBSITE AND ANY INFORMATION AND/OR CONTENT FOUND ON THIS WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. KUBI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION AND CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION AND CONTENT DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, INFORMATION OR CONTENT SHALL BE AT YOUR SOLE RISK. KUBI RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. KUBI MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE CONTENT AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE.

THIS WEBSITE, THE INFORMATION AND CONTENT ON THIS WEBSITE, AND THE SOFTWARE MADE AVAILABLE ON THIS WEBSITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations of Damages

IN NO EVENT SHALL KUBI OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEBSITE, EVEN IF KUBI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law; International Users

This Agreement shall all be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. You agree that any legal action or proceeding between Kubi and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts. Any cause of action or claim you may have with respect to this Website, the Content and/or this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

This Website is controlled, operated and administered by Kubi from its offices within the United States of America. Kubi makes no representation that the Content at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use this Website or export the Content in violation of U. S. export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.

General Legal

This Agreement constitutes the entire agreement between Kubi and you with respect to your use of this Website. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Kubi's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Kubi may assign its rights and duties under this Agreement to any party at any time without notice to you.

Changes and Modifications

Kubi reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of this Website after any changes to this Agreement are posted will be considered acceptance of those changes.

Kubi reserves the right to terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time. Kubi may also impose limits on certain features and services or restrict your access to any part of, or all, of this Website without notice or liability. Kubi may terminate the authorization, rights and license granted by this Agreement and, upon such termination, you shall immediately destroy all Content.

Kubi Software (Kubi) is committed to protecting any personal information that you may provide to us. In particular, we believe it is important for you to know how we treat information about you that we may receive from this Web site.

Collected Information

You can visit the public areas of this Web site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. There are, however, portions of this Web site where we may need to collect personal information from you in connection with registration for non-public areas of this Website. Kubi may also need to collect personal information from you for specific purposes, such as responding to your inquiries or requests for information from us. The information collected from you may include your name, address, telephone, fax number, e-mail address or other personally identifiable information.

This Web site is not intended for persons under 13 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children.

Use of Information

Domain name information that we collect is not used to personally identify you and instead is aggregated to measure the number of visits, average time spent on the site, pages viewed, etc. We sometimes use an Internet device called a 'cookie' to recognize your browser when you visit our site. A cookie is a small amount of information that a website transfers to your computer's hard drive. This website uses cookies only to better individualize and improve your experience with the site. You can choose whether to accept cookies by changing the settings of your browser, but some portions of this Website may not work properly if you do this.

If you register with one of Kubi's business units online, they may use this information to provide you with custom information about Kubi's offerings in support of your business needs. If you request something from this Website, for example, a product or service, a callback, or specific marketing materials, we will use the information you provide to fulfill your request. To help us do this, we may share information, with others, for instance, other parts of Kubi, Kubi's business partners, financial institutions, shipping companies, postal or government authorities (for example, Customs authorities) involved in fulfillment in connection with any Kubi or related products or services. In connection with a transaction we may also contact you as part of our customer satisfaction surveys or for market research purposes.

In connection with a job application or inquiry, whether advertised on this Website or otherwise, you may provide us with information about yourself, such as a resume or curriculum vitae. We may use this information throughout Kubi and its related entities for the purpose of employment consideration or your inquiry. Except where you tell us not to, we will keep the information for future consideration.

Disclosures Required by Law

Kubi will release information about you if we are required by law to do so, or in other legally limited circumstances.

Sale or Reorganization of Kubi or its Businesses

Circumstances may arise where, whether for strategic or other business reasons, Kubi decides to sell the company or any division, buy other companies, merge with other companies or otherwise reorganize the company or its businesses. Such a transaction may involve the disclosure or transfer of personal information to prospective or actual buyers of Kubi or any of its businesses, or receiving it from companies or business acquired by Kubi.

Security of Collected Information

We maintain physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you to those Kubi employees or other service providers who need to know the information to respond to your inquiry or request. Employees or service providers who misuse personal information will be subject to disciplinary action.

Changes to Privacy Policy

Please check this privacy policy periodically to inform yourself of any changes. Although we reserve the right to change, modify, amend, or supplement this privacy policy, we will provide notice to you on this Web site of any material change, modification, amendment or supplement for at least 30 days following such change, modification, amendment or supplement.