Welcome to the Birdseye networks Web site. Please review the following terms and conditions concerning the use of this site. By accessing, using or downloading materials from this Web site (“Web Site Information”) you agree to follow and be bound by these terms and conditions.

Use of Web Site Information
You may download, view, copy and print Web Site Information subject to the following: (i) the Web Site Information may be used solely for personal, informational and non-commercial purposes; and (ii) the Web Site Information may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Web Site Information in whole or in part without the prior written permission of Birdseye networks. Additionally, you may not use, download, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute the Web Site Information in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

Feedback
All feedback, comments, information or materials submitted to Birdseye networks through or in association with this Web site shall be considered non-confidential and the property of Birdseye networks. By submitting such materials to Birdseye networks, you agree to a no-charge, worldwide assignment to Birdseye networks of all right, title and interest in the copyright and other intellectual property rights to the materials, and Birdseye networks shall be free to use the materials on an unrestricted basis.

Links to Third Party Sites
This Web site contains links to third-party Web sites. These linked sites are not under the control of Birdseye networks, and Birdseye network is not responsible for the contents of any linked site or any link contained in a linked site. A Birdseye network is providing these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by Birdseye networks.

Warranties and Disclaimers
ALL WEB SITE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND BIRDSEYE NETWORKS SPECIFICALLY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED (IN FACT OR IN LAW), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, IN NO EVENT WILL Birdseye networks BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. BIRDSEYE NETWORKS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THIS WEB SITE OR THE PRODUCTS OR PROGRAMS DESCRIBED IN THIS WEB SITE AT ANY TIME WITHOUT NOTICE.

Governing Law and Jurisdiction
This Web site is controlled by Birdseye networks from its offices in New York, New York, United States of America. All matters relating to your access to, or use of, this Web site shall be governed by U.S. federal law or the laws of the State of New York. 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 in Manhattan County, New York. You and Birdseye networks agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Government Users
Use duplication or disclosure of the Web Site Information by the U.S. Government is subject to the restrictions set forth herein as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

Privacy Policy
The Web Site Information is Copyright © 2006 Birdseye Networks Corporation. All Rights Reserved.