Tricon Systems, Corp. (Tricon Systems) provides you access to this Web site containing information, software and publications based on the terms and conditions outlined below. By using this site, you are agreeing to these terms and conditions.

I. Copyright, Trademark and Service mark Information

The copyright law protects the information contained in this Web site.

COPYRIGHT NOTICE: Copyright © 1997- 2007 Tricon Systems, Corp., 880 SW 60th Ave., Plantation, FL USA. All Rights Reserved. Use, duplication or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

II. Trademark and Service Mark Usage Guideline

Our trademarks and service marks identify our products so that consumers know they are buying Tricon Systems high-quality software products and services. If they are used improperly, their value can become diluted or generic. Properly using our trademarks and service marks by following these guidelines protects and preserves the value of our trademarks, service marks and the Tricon Systems brand.

III. What Is A Trademark and Service Mark?

Trademarks and service marks are words, names, symbols, devices, designs, phrases, sounds or colors adopted and used by Tricon Systems to identify its goods and services and to distinguish them from other goods and services. Trademarks are usually noted with either a ™ or a ® symbol. Service marks are usually noted with a SM or a ® symbol. In the United States, a trademark that is noted by a ™ or a service mark that is noted by a SM, has not been registered with the United States Patent and Trademark Office and a trademark or service mark noted with an ® has been registered with the United States Patent and Trademark Office. Trademarks, however, may also be registered internationally and each country has different laws regarding the proper notation of trademarks.

IV. Referential Trademark and Service Mark Usage

You may use a Tricon Systems trademark or product name to refer specifically to such Tricon products in marketing and promotional materials, books, conferences, applications, demonstrations, etc. You are permitted to use a Tricon Systems trademark referentially provided that:

• You adhere to the following Tricon Systems Referential Trademark and Service Mark Usage guidelines
• You do not disparage Tricon Systems or Tricon Systems products and services.
• You display your name or logo more prominently than any Tricon Systems trademark.
• You include a disclaimer that Tricon Systems does not sponsor, affiliate or endorse your product, and/or services.

V. Specific Trademark and Service Mark Usage Guidelines

Attribute ownership of Tricon Systems trademarks to Tricon Systems, Corp.
Please include the following notice when referring to a Tricon Systems trademark or service mark.

Correct:

Tricon and Rex are trademarks or registered trademarks of Tricon Systems, Corp. in the USA and/or other countries.

Merchandise items. You may not manufacture, sell or give away merchandise items, such as cups and mouse pads, containing a Tricon Trademark or service mark without the express written consent of Tricon Systems.

VI. Tricon Systems, Corp. Trademarks and Service Marks

This list is for your convenience. Tricon Systems does not waive any rights to any Tricon Systems trademark, service mark, trade name, product name, or logo that does not appear on this list.

Tricon™

Eclipse™

Rex™

VII. Web site Publications

Except as expressly prohibited on this Web site, you are permitted to view, copy, print and distribute documents within this Web site (such as brochures, papers, demos, etc.), subject to your agreement that:

• Your use of the information is for informational, personal and noncommercial purposes only.
• You will not modify the documents or graphics.
• You will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context.
• You will display the above copyright and trademark notice as outlined in Section II of this Agreement on all documents or portions of documents and retain any other copyright and other proprietary notices on every copy you make.

The permission above does not include permission to copy the design elements, look and feel or layout of this Web site. Those elements of the Web site are protected by law, such as trade dress, trademark, unfair competition and other laws and may not be copied or imitated in any manner.

VIII. Software

The software that is made available to you via download is the copyright work of Tricon Systems. The use of the software is governed by the terms and conditions of the end user license agreement that accompanies, or is included in the software, or as expressly stated on the Web site pages accompanying the software. An end user cannot download or install the software without agreeing to the terms and conditions of the end user license agreement. Any use or reproduction of the software in violation of the end user license agreement is expressly prohibited and may result in civil and criminal liability.

IX. Notices Regarding Software, Documents and Services on This Web site

Tricon Systems makes no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided “AS IS” without warranty of any kind.  Tricon Systems hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Tricon Systems 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, or negligence, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are made periodically to the information herein. Tricon Systems and/or its respective suppliers may make improvements and/or changes in the product(s) described herein at any time.

X. Third Party Web sites, Content, Products and Services

The site provides links to Web sites and access to content, products and services from third parties. You agree that Tricon Systems is not responsible for the availability of and content provided on, third party Web sites.  You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.

You agree that Tricon Systems is not responsible for third party content accessible through the Tricon Systems Web site, including opinions, advice, statements and advertisements and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Tricon Systems is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Tricon Systems is not responsible for any loss or damage of any sort you may incur from dealing with any third party. You agree that any third party trademarks, trade names, product names and logos, contained in this Web site may be the trademarks or registered trademarks of their respective owners. Tricon Systems is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Tricon Systems of those sites.

XI. Limitation of Liability

In no event shall Tricon Systems 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, tort (including negligence), or otherwise, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server.

Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you. 

XII. Spam E-mail and Postings

You agree that Tricon Systems would be irreparably harmed by the use, by You or others, of Tricon Systems Services or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms and that Tricon Systems is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Tricon Systems reserves the right to block, filter or delete unsolicited e-mail.

XIII. Web site Usage Disclaimer

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND TRICON SYSTEMS, CORP., NEITHER TRICON SYSTEMS, CORP. NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, OR COPYRIGHT. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND TRICON SYSTEMS, CORP., ALL INFORMATION, SOFTWARE, THE WEB SITE AND PUBLICATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND TRICON SYSTEMS, CORP., HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL TRICON SYSTEMS, CORP., BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION FOR BREACH OF CONTRACT OR WARRANTY OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION, SOFTWARE, THE WEB SITE OR THE PUBLICATIONS.

TRICON SYSTEMS, CORP., MAY MAKE CHANGES TO THE INFORMATION, SOFTWARE, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS AND PRODUCT OFFERINGS CONTAINED OR DESCRIBED ON THIS WEB SITE AT ANY TIME AND WITHOUT NOTICE.

THE WEB SITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF TRICON SYSTEMS, CORP., AND TRICON SYSTEMS, CORP., IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINK SITED. IF YOU ACCESS A THIRD-PARTY SITE FROM THIS WEB SITE, THEN YOU DO SO AT YOUR OWN RISK. TRICON SYSTEMS, CORP.,. PROVIDES THESE LINKS ONLY AS A CONVENIENCE AND THE INCLUSION OF THE LINK DOES NOT IMPLY THAT TRICON SYSTEMS, CORP., ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY SITES.