TERMS OF USE

Welcome to the Axibase Corporation web site. Please review the following terms and conditions concerning your use of the web site. By accessing, using or downloading any information and/or materials from the web site, you agree to follow and be bound by these terms and conditions (the “Terms”). If you do not agree with these terms, please do not use this web site. This web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Axibase Corporation (hereinafter Axibase) hereby authorizes you to copy material published by Axibase on the public portions of this web site for use within your organization solely for non-commercial, personal and informational use. You agree not to copy or post on any networked computer, broadcast in any media, or use for commercial gain any materials or modify any materials from this web site in any way. You agree to expressly identify Axibase as the copyright holder for any material or information that you copy from this web site. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed materials.

Nothing contained in this web site will be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Axibase or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any Axibase copyright. Any product, process, or technology in this web site may be the subject of other intellectual property rights reserved by Axibase and is not licensed hereunder. This web site may be changed or updated without notice. Axibase may also make improvements and/or changes in the products, services and/or the programs described in this Web site at any time without notice. The information and materials on this web site does not represent a commitment on the part of Axibase in the future. Axibase reserves any rights not expressly granted in this web site.

Data Security

Any feedback, information or materials submitted to Axibase through or in association with this web site (“Submissions”) shall be considered confidential by Axibase. Axibase is committed to ensuring the protection of individual user information. We have implemented security measures to protect individual user information collected on our web site. However, the Internet is an open system and we cannot and do not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted.

Privacy

We collect only the domain name (but not the email address) of visitors to our web site, the email addresses of those who communicate with us via email, aggregate information on what pages users access or visit, and information volunteered by the user, such as survey information and/or site registrations. The information we collect is used to improve the content of our web site and to notify users about updates to our web site and product offerings, but not shared with other organizations for commercial purposes.

Periodically, users who supply us with email addresses, postal addresses, or telephone numbers may receive contact from us with information regarding new products and services or upcoming events. If you do not wish to receive such contact, please let us know by sending us an email at info@axibase.com.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change sometime in the future, we will post the policy changes to our web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our web site periodically or contact us directly.

Links to Third-Party Sites

This web site contains links to web sites owned and/or controlled by parties other than Axibase. Axibase does not endorse or accept any responsibility for the use or content of any other web site, which you may access through this one. Axibase is providing these links to you only as a convenience. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses and other items of a destructive nature.

Use of Cookies

Although acceptance of cookies is not required to visit the Axibase web site, we do use cookies. Cookies are small text files stored on computer hard drives and are regularly used to analyze individual web site activity. By collecting and remembering information about your visit to a web site, cookies allow web applications to recognize and respond to your individual preferences. A cookie file may contain information that the web site uses to respond to you as an individual and to tailor a web site experience to your preferences. Some parts of the Axibase web site use cookies. This enables Axibase to determine the usefulness of information provided to our users and to analyze the effectiveness of our navigational structure in providing you that information. In the end, cookies help us provide you with a better web site experience.

If you prefer not to receive cookies on our web site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. If you have set your browser to not allow cookies, you will still be able to access the Axibase web site, however, this may affect your perceived usability of our web site.

Warranties and Disclaimers

THE INFORMATION AND MATERIALS CONTAINED ON THIS WEB SITE MAY BE OUT OF DATE OR INCLUDE OMMISSIONS AND/OR TECHNICAL INACCURACIES OR OTHER ERRORS. ALL INFORMATION AND MATERIALS CONTAINED IN THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AXIBASE HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS INFORMATION AND MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT WILL AXIBASE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE OR THE MATERIALS OR INFORMATION CONTAINED IN IT, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, BUSINESS INTERRUPTION, LOSS OF USE OF PROGRAMS, COMPUTERS OR OTHER DATA ON YOUR COMPUTERS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO HOLD AXIBASE HARMLESS FROM AND NOT TO SUE AXIBASE FOR ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

Governing Law and Jurisdiction

All matters relating to your access to, or use of, this web site shall be governed by U.S. federal law and/or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, this web site shall be instituted in a state or federal court. You and Axibase agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

You may not access, download, use or export any materials, information, software, products or services contained on this web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

Trademark Information

Axibase and the Axibase logo are registered trademarks of Axibase Corporation. All other company and product names mentioned are the trademarks or registered trademarks of their respective companies.