Legal Terms and Copyrights

These terms and conditions (the "Terms") govern your use of this Digital Radiance, Inc. ("Digital Radiance") Website (the "Website"). If you do not agree with these Terms, do not use this Website.

General Use Restrictions

All information, documents, products, software, and services (the "Materials") provided on this Website were provided by or to Digital Radiance by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted work of Digital Radiance and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, reverse-engineered, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Digital Radiance or the Third Party Provider. No part of the Website, including logos, graphics, sounds, images, software, or applets may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Digital Radiance. You also may not, without Digital Radiance prior express written permission, "mirror" any Material contained on this Website on any other server.

Nothing on this Website shall be construed as conferring any license under any of Digital Radiance or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Disclaimer of Warranty

UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. DIGITAL RADIANCE MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE.  ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.

Limitation of Liability

DIGITAL RADIANCE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL DIGITAL RADIANCE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF DIGITAL RADIANCE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST DIGITAL RADIANCE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.

YOU AGREE TO HOLD DIGITAL RADIANCE HARMLESS FROM, AND YOU COVENANT NOT TO SUE DIGITAL RADIANCE FOR, ANY CLAIMS BASED ON USING THE WEBSITE.

Local Laws; Export Control

Digital Radiance controls and operates this Website from its headquarters in various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in the United States, the United Kingdom and Australia.

You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Digital Radiance, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or reexport as may be required.

U.S. Government Rights

The Materials on this Website are provided with the following restrictions: Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June 1987), or if DoD, as specified in DFARS 252.7202-1(a) and 252.7202-3(a) and vendor's applicable license terms, and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable. Use of the Materials by the U.S. Government constitutes acknowledgment of Digital Radiance's and/or the Third Party Provider's proprietary rights in them.

General

This Website could include inaccuracies or typographical errors. Digital Radiance and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website.

Any action related to these Terms will be governed by Alabama law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. Digital Radiance can revise these Terms at any time without notice by updating this posting.

Trademarks

Digital Radiance, the Digital Radiance binary star logo, and DigiScene are trademarks or registered trademarks of Digital Radiance, Inc.

Referenced Product Trademarks and Copyrights

PulsON is either a trademark or registered trademark of Time Domain, Inc.

VIPIR5D and DTW Markers are trademarks or registered trademarks of Baron Services, Inc.

Sun, Sun Microsystems, the Sun Logo, SunWorld, SunPlaza, Sun SITE, and all Sun-based trademarks and logos, Java, HotJava, JavaScript, the Java Coffee Cup Logo, JavaWorld, and all Java-based trademarks and logos, the Duke Logo, Solaris, Netra, Ultra, NFS, and The Network Is The Computer are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries.

Netscape, Netscape Certificater Server, Netscape FastTrack Server, Netscape Navigator, Netscape ONE, SuiteSpot, and the Netscape N and Ship's Wheel logos are registered trademarks of Netscape Communications Corporation in the United States and other countries.

Microsoft, Windows, Windows NT, MSN, The Microsoft Network and/or other Microsoft products referenced herein are either trademarks or registered trademarks of Microsoft Corporation.

Apple, the Apple logo, FireWire, GeoPort, HyperCard, Light Bulb logo, ImageWriter, LaserWriter, Mac, Mac logo, Macintosh, MessagePad, Newton, OpenDoc, Power Macintosh, PowerBook, QuickTake, QuickTime, QuickTime logo and StyleWriter are trademarks of Apple Computer, Inc., registered in the U.S. and other countries

Sun Microsystems, Inc. Legal Terms and Copyright Notice

Netscape, Inc. Legal Terms and Copyright Notice

Microsoft, Inc. Legal Terms and Copyright Notice

Apple Computer, Inc. Legal Terms and Copyright Notice