Terms of Use

PLEASE READ THESE "WEB SITE TERMS OF USE" CAREFULLY BEFORE USING THIS SITE.

Telemac Corporation ("Telemac") maintains this web site and other Telemac web sites that are linked to this site (collectively "the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), for the use of its customers, employees and members of the general public but only for the lawful purposes described below.

ACCEPTANCE OF CONTRACT TERMS; JURISDICTION

In exchange for accessing, browsing and/or using the Site, you agree to be bound by these terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations. You represent you have the legal authority to accept these Web Site Terms of Use on behalf of yourself or any party you represent. If any provision of these Web Site Terms of Use is held to be invalid by any law, rule, order or regulation of any governmental entity or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Web Site Terms of Use.

If you do not agree to these terms, please do not use this Site.

The Site is controlled and operated in whole or in part by Telemac from its offices within the United States. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN LOS ANGELES, CALIFORNIA, U.S.A. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Telemac makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal is prohibited. You acknowledge that Telemac reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

ACCURACY OF INFORMATION

Information supplied herein is based on the knowledge of the authors, including, in numerous instances, their inferences from publicly available information regarding Telemac's licensees and competitors. These inferences are not always correct. Further, information contained herein is based in part on the plans or expectations of Telemac or third parties, as understood by Telemac. These plans may change and/or expectations may not be realized. Accordingly, users of the Site must understand that there are likely errors of omission and/or commission in the contents of the Site, particularly as to matters concerning Telemac's licensees and competitors. Telemac is not liable for these errors, even if the errors resulted from the acts or omissions of Telemac's employees. See below for further limitations on liability. Projections as to Telemac-enabled™ mobile phones are inherently unreliable and include TRACfones™ sold under license from Telemac.

CURRENT TELEMAC LICENSEES

Companies referred to on the Site may be current or former Telemac licensees. Please check with Telemac for a list of current licensees.

RESTRICTIONS ON USE OF CONTENT

This Site is © COPYRIGHT 2003 Telemac Corporation. All Rights Reserved.

While Telemac provides the information on this server to anyone, we retain copyright on all copyrightable aspects of the Site. You acknowledge, that you have been advised by Telemac that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws (collectively "Rights"). In addition to Telemac's Rights in individual elements of the Content, Telemac and/or its licensors own a copyright in the selection, coordination and arrangement of the Content.

You are hereby granted permission to access the Content from the Site in whole or in part, (and, except where otherwise specified by Telemac, print a single copy of the information for your own personal use), but only for purposes of viewing and browsing through the Site. You are also hereby granted permission to store the files on your computer for your own personal use. However, these permissions terminate automatically if you breach any of the Web Site Terms of Use. Telemac is not granting you any permission to use the Content other than the permission expressly stated in these Web Site Terms of Use. All other use of Content from the Site, including, but not limited to modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), "mirroring" the Site or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted, may not be made without Telemac's prior express written consent.

TRADEMARKS AND SERVICE MARKS

The word-mark TELEMAC is owned by Telemac and is registered with the U.S. Patent and Trademark Office. Other marks, such as product and service names, found on Telemac web sites are owned by Telemac or by their respective owners. No Telemac trademark or service mark may be used as a hyperlink without prior written permission. Your use of Telemac's trademarks in advertising and the promotion of Telemac's products and services requires Telemac's prior written consent and requires an accompanying statement that the trademarks belong to Telemac.

SUBMISSIONS OF INFORMATION

Telemac does not guarantee the security of any information transmitted to or from the Site. You agree to assume the security risk for any information you provide using the Site.

Do not send any confidential or proprietary information to Telemac through the Site. Any information you do send to Telemac through the Site will be deemed NOT to be confidential. For any information you do send, you hereby grant Telemac an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the information, and agree that Telemac is similarly licensed to use any ideas, concepts, know-how or techniques that you send Telemac for any purpose, without compensation to you.

You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

DISCLAIMER OF WARRANTY

TELEMAC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, TELEMAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

You may not rely upon the information contained in the web site for any commercial decision. If you are considering licensing any product or service provided by Telemac or a competitor, please contact Telemac or the competitor for updated information specific to your needs. Further, Telemac will be not be liable for any representation, warranty or covenant unless set forth in a binding contract with Telemac executed by responsible officers of both parties to that contract.

REVISIONS

Telemac may revise or withdraw the Content, in whole or in part, at any time without notice. Telemac may at any time revise these Web Site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms of Use to which you are bound.

PRIVACY POLICY

Your address may be used to help administer the Site and improve its performance. Your address may also be used in Telemac's efforts to gather and develop demographic information. The Site may use "cookies" to obtain non personal information. You have the choice of accepting, rejecting or being notified when a cookies is to be used by configuring your browser preferences. Telemac and its successors may use customer contact information to send to you information about Telemac promotion materials from Telemac or related companies.

LINKS TO THIRD PARTY WEB SITES

Telemac makes no representations whatsoever about any other web site which you may access through the Site. When you access a non-Telemac web site, please understand that it is independent from Telemac, and that Telemac has no control over the content on that web site. In addition, a link to a non-Telemac web site does not mean that Telemac endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. Telemac makes no representation or warranty as to any third party products. Note also that Telemac's Privacy Policy does not apply to any non-Telemac web site which may be accessed through the Telemac site. Please refer to such non-Telemac web sites' own privacy policies (if any) to determine the privacy policies which apply when using such non-Telemac web sites.

LIMITATION OF LIABILITY

TELEMAC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

FORWARD LOOKING STATEMENTS

Any statements herein that are forward-looking are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. You are cautioned that forward-looking statements involve risks and uncertainties which may affect business prospects and performance. Actual results may differ materially from the results predicted, and reported results should not be considered an indication of future performance. Potential risks and uncertainties may include economic, competitive, governmental, technological, or other factors.