Legal Notices and Terms Of Use INTRODUCTION Welcome to the Digital Passage Web Site (the "Site"). Please review the following terms and conditions concerning your use of this site. By accessing, using, or downloading materials from this Web site you agree to follow and be bound by these terms and conditions. ACCEPTANCE OF TERMS Digital Passage, Inc. ("Digital Passage") makes available for your use on this Web site information, documents, software and products (collectively known as "Materials") and various services ("Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing this Site, you agree to the Terms of Use. Digital Passage reserves the right to change the Terms of Use at any time without notice at its sole discretion. Any use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Materials or Services on this Site, you shall be subject to any posted guidelines or rules applicable to such Materials or Services that may contain terms and conditions in addition to those in the Terms of Use to include, but not limited to, any applicable end user license agreement. An end user is strictly prohibited from installing any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site. Without the express written permission from Digital Passage, you may not retransmit any files from this Site, or any modified versions thereof. LINKS TO THIRD PARTY SITES This Site may contain hyperlinks to non-Digital Passage Web sites. Digital Passage is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites. The inclusion of any link does not imply endorsement by Digital Passage, and Digital Passage shall have no responsibility for such information. WARRANTIES AND DISCLAIMERS THE MATERIALS AND SERVICES CONTAINED ON THIS WEB SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND DIGITAL PASSAGE, ALL MATERIALS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DIGITAL PASSAGE HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO MATERIALS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DIGITAL PASSAGE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS GOODWILL, REVENUE, DATA OR USE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF OPPORTUNITIES OR ANY OTHER PECUNIARY LOSS) UNDER ANY CIRCUMSTANCES 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 HYPER LINKED WEB SITE. IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE, MATERIALS, AND SERVICES. COPYRIGHT Copyright 2000 Digital Passage and/or its suppliers. All Rights Reserved. Digital Passage and/or its suppliers retains ownership of all right, title and interest in all copyrights in all documents, text, images, and software owned by Digital Passage and/or its suppliers. See also: User Agreement