Terms of Use

All access to the Web site of Acucorp, Inc., and any use of software or data accessible through this Web site is subject to these Terms of Use. Any use of this Web site constitutes your agreement to abide by these Terms of Use and any other terms and conditions specified on the applicable Web page. If you entered into a signed agreement with Acucorp, Inc., for access to or use of any software or data through this Web site, that signed agreement supersedes these Terms of Use.

Copyright Notice:
The information on this Web site is protected by copyright: Copyright © 1999-2007 Acucorp, Inc. All Rights Reserved.

Trademarks:
Acucorp and names of Acucorp products referenced in this Web site are registered trademarks of Acucorp, Inc. All other product and company names mentioned herein are or may be the trademarks of their respective owners.

View information regarding proper usage of Acucorp's trademarks and logos.

Use of Software:
The software and accompanying documentation that are made available to download from this Web site are the copyrighted work of Acucorp and/or its suppliers. Use of the software is governed by the terms of the software license agreement, which accompanies the software or is accepted before the software is downloaded. You will not be able to download or install any software that is accompanied by or includes a software license agreement, unless you agree to the terms of such software license agreement. If you do not agree to these terms, you are not authorized to use the software.

Use of Documents on Web Site:
Except as otherwise indicated elsewhere on this site, you may view, copy, print and distribute documents available on this Web site (such as white papers and press releases) subject to the following conditions: (1) the above copyright notice and this permission notice must appear, (2) use of such documents is for informational and non-commercial or personal use only and the documents will not be copied or posted on any network computer or broadcast in any media, (3) no modifications of any documents are made, and (4) Acucorp reserves the right to revoke such authorization at any time, and any such use will be discontinued immediately upon written notice by Acucorp. Use for any other purpose is prohibited by law.

Documents specified above do not include the design or layout of this Web site. Elements of Acucorp's Web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.

Hyperlinks:
You may through hypertext or other computer "links" gain access to other sites on the Internet which are not part of this Web site. The linked sites are not under the control of Acucorp and Acucorp 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. The provision by Acucorp of a link to another site does not constitute an authorization by Acucorp to access materials at that site or an endorsement by Acucorp of any such materials.

Warranties and Limitations of Liability:
Acucorp and/or its suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this web site for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Acucorp and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Acucorp and/or its suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available form this web site. This web site could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Acucorp and/or its suppliers may make improvements and/or changes in the product(s) and/or the program(s) described in this web site at any time.

Export Controls and U.S. Restricted Rights:
By accessing this Web site and using any software or information contained on this Web site, you agree to comply fully with all laws and regulations to assure that neither the software, nor any direct product thereof, is exported, directly or indirectly, in violation of any U.S. export law or regulation or any applicable local law or regulation.

Any software which is downloaded from this Web site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. 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 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227019, as applicable. Manufacturer is Acucorp, Inc., 8515 Miralani Drive, San Diego, CA 92126.

Governing Law and Jurisdiction:
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of law principles. All suits, proceedings or claims in connection with these Terms of Use shall be brought in the state or federal courts of the State of California in the county of San Diego and you hereby consent to the jurisdiction and venue of those courts. If any provision of this Terms of Use is held by a court of competent jurisdiction to be invalid, unreasonable or unenforceable, such provision or requirement will be enforced only to the extent that it is not invalid, unreasonable or otherwise unenforceable and all other provisions of this Terms of Use shall remain in full force and effect.

Reservation of Rights:
Any rights not expressly granted herein are reserved by Acucorp, Inc.

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