Theta Networks

Welcome to the Theta Networks Web site (the "Site"). Through the Site, you have access to content, documents, materials, information, software, products and services (collectively "Content") such as software downloads and product information. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on the Site ("Terms of Use") and our Privacy Policy. Theta Networks ("We" or "Theta Networks") may revise the Terms of Use and Privacy Policy at any time without notice to you.

1. Use of Web Site Documents
You may download, view, copy and print documents, including graphics incorporated in the documents, that Theta Networks publishes on the Site ("Documents") such as white papers, press releases, datasheets and FAQs subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents or other Content from the Site in whole or in part without the express authorization of Theta Networks.

2. Use of Software
Any software and accompanying documentation you download or access through the Site ("Software") is the copyrighted work of Theta Networks. Use of the Software is subject to the terms of a software license agreement that accompanies or is included with the Software. Your use, reproduction or redistribution of the Software is prohibited except as expressly provided for in the software license agreement. All rights, title and interest not expressly granted are reserved. Except where expressly provided otherwise, all Software is provided on an "as is" basis, and Theta Networks expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

3. Passwords and Security
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You may not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Theta Networks immediately of any unauthorized use of your password(s) or account(s).

Theta Networks is concerned about the protection of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. For more information, please see Theta Networks's Privacy Policy.

4. No Unlawful or Prohibited Use
accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Site or any accounts, computer systems or networks without You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not access or use the Site in any manner that could damage, disable, overburden, or impair any Theta Networks accounts, computer systems or networks. You may not interfere or attempt to interfere with the proper working of the Site or any Theta Networks accounts, computer systems or networks. You may not use any robot, spider, scraper or other automated means to access the Site or any Theta Networks's express written permission.

5. Termination of Use
You agree that Theta Networks may, in its sole discretion, at any time terminate your access to the Site, and any account(s) you may have in connection with the Site. Access to the Site and activity on the Site may be monitored by Theta Networks.

6. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to Content from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Theta Networks 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 Theta Networks is not responsible for third party Content accessible through the 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 Theta Networks 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 Theta Networks is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THETA NETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THETA NETWORKS MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. THETA NETWORKS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES.

THETA NETWORKS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

8. Limitation of Liability
IN NO EVENT SHALL THETA 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, THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE.

9. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 7 AND 8, DO NOT APPLY.

10. Indemnity
You agree to defend, indemnify and hold harmless Theta Networks, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of your access to or use of the Site or Content on the Site, your uploading, emailing, posting, publishing or otherwise submitting any Content to Theta Networks, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site, or your violation of any rights of another.

11. Privacy Policy
Theta Networks is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Theta Networks's Privacy Policy.

12. Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

13. Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of New Jersey. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in New Jersey. You and Theta Networks agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

14. Copyright/Trademark Information
Copyright © 2003-2008, Theta Networks. All rights reserved.

Other names appearing on the Site may be trademarks of their respective owners.

15. Contact Information
If you have any questions regarding these Terms of Use, contact information is available at the Contact Theta Networks page on the Site.