Stratus Technologies' Website Legal Information

Website Terms of Use

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS REGARDING YOUR USE OF THIS WEBSITE

By using this website, you are deemed to have agreed to the terms and conditions below (“Terms of Use”). Stratus may, in its sole and absolute discretion, at any time revise these Terms of Use by updating this posting. You should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. If you continue to use this website after changes to the Terms of Use are posted, you are deemed to have agreed to the new Terms of Use. If at any time you do not agree to the Terms of Use, you are not authorized to use the website.

SCOPE OF TERMS OF USE

These Terms of Use apply to your use of all portions of any site owned or operated by Stratus Technologies, Inc. or its affiliated companies (collectively “Stratus”, “we”, “us” or “our”) including www.stratus.com and any other site that we own and operate or may own or operate in the future (collectively, the “Stratus Website”). All references to the Stratus Website in these Terms of Use include all such websites. Your use of some sections of the Stratus Website may also be subject to additional terms which will be presented at such sections (“Additional Terms”), these Terms of Use shall continue to apply to any such sections, and to the extent that there is a conflict between these Terms of Use and any Additional Terms for a particular section, the Additional Terms of such section shall control for that section. These Terms of Use do not apply to your use of unaffiliated websites linked from the Stratus Website.

USE OF THE STRATUS WEBSITE

Stratus authorizes you to use the Stratus Website only for your own personal, non-commercial purposes. Use of the Stratus Website for any public or commercial purpose is strictly prohibited. The copyright in all material provided on the Stratus Website is held by Stratus or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, 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 written permission of Stratus or the copyright owner. Permission is granted to display, copy, distribute and download the materials on the Stratus Website for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the Terms of Use. The Stratus Website is protected under United States and international copyright laws. Any unauthorized use of any material contained on the Stratus Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

REGISTRATION

When you register to access specific sections of the Stratus Website, participate in a blog or forum or contact Stratus through the Stratus Website, you agree to provide true, accurate, current and complete information and agree that Stratus may collect certain personal information about you. Please read the Stratus Privacy Policy for details on how we protect personal information submitted by you during such registration. You are responsible for maintaining the confidentiality of your Stratus Website password and you are solely responsible for all activities that occur under your password. You agree to notify Stratus immediately of any unauthorized use of your password or any other breach of security related to the Stratus Website. Stratus, in its sole discretion, may at any time terminate, suspend or modify your registration if you breach any of the Terms of Use, engage in any behavior that we, in our sole discretion, believe is inappropriate, or for any other reason whatsoever.

PRIVACY POLICY

Please read the Stratus Privacy Policy for details on how we protect personal information submitted by you on the Stratus Website

TRANSMISSIONS

Any material, information or idea you transmit to or post by any means on the Stratus Website (a “Transmission”) will be treated as non-confidential and non-proprietary. You hereby grant Stratus a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control, to use, reproduce, transmit, display, exhibit, distribute, modify, create derivative works based upon, and otherwise exploit such Transmission, in whole or in part, for any and all purposes including development, manufacturing or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

By submitting a Transmission, you represent and warrant that: (a) you own all rights in your Transmission or, alternatively, you have acquired all necessary rights in your Transmission to enable you to grant to Stratus the rights in your Transmission described herein; (b) your Transmission does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;(c) any information contained in your Transmission is not known by you to be false, inaccurate, or misleading;(d) your Transmission does not violate any laws, rules or regulations (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);(e) your Transmission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, or vulgar, pornographic, obscene, scandalous, inflammatory, or invasive of another’s privacy; and (f) your Transmission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files.

Stratus may, but is not obligated to, pre-screen Transmissions or monitor any area of the Stratus Website through which Transmissions may be submitted. Stratus is not required to host, display, or distribute any Transmission on or through the Stratus Website and may remove at any time or refuse any Transmission for any reason. Stratus reserves the right to reveal your identity (or whatever information Stratus may know about you) in the event of a complaint or legal action arising from any Transmission posted by you.

WARRANTY DISCLAIMER

THE STRATUS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” STRATUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE STRATUS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STRATUS MAKES NO WARRANTY THAT THE STRATUS WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS IN THE STRATUS WEBSITE WILL BE CORRECTED OR THAT THE STRATUS WEBSITE OR THE SERVERS THAT MAKE THE CONTENT AVAILABLE ARE FREE OF VIRUSES AND OTHER HARMFUL CONTENT. STRATUS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STRATUS WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE STRATUS WEBSITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL STRATUS BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE STRATUS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE STRATUS WEBSITE), WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF STRATUS HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES; THEREFORE, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT STRATUS MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF STRATUS’ LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE STRATUS WEBSITE OR ANY BREACH OF THE TERMS OF USE BY STRATUS IS TERMINATION OF THIS AGREEMENT AND YOUR USE OF THE STRATUS WEBSITE. IF YOUR USE OF MATERIALS FROM THE STRATUS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless Stratus from and against any and all claims, liabilities, damages, losses, obligations, costs, expenses, or fees (including but not limited to reasonable attorneys’ fees) that Stratus may incur as a result of or arising from (a) your (or anyone using your account) violation of these Terms of Use and use of the site or (b) content and materials contained in any Transmission submitted by you (or anyone using your account). Stratus reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Stratus’ defense of such claim.

LINKS

Links on the Stratus Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Stratus Website. These Terms of Use do not apply to your use of third-party websites linked from the Stratus Website. Stratus is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for privacy practices or the content of any such third-party websites. If you decide to access any of the third-party websites linked from the Stratus Website, you do this entirely at your own risk. Unless you have prior written authorization from Stratus, You may not create links to the Stratus Website from other websites.

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on the Stratus Website are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Stratus’ proprietary rights in them.

JURISDICTION AND EXPORT ISSUES

The Stratus Website is controlled and operated by Stratus from its offices within the United States. Stratus makes no representation that materials in the Stratus Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Stratus Website from other locations do so of their own initiative and are responsible for compliance with applicable local laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Stratus Website and agree not to, in violation of any laws, transfer, or authorize the transfer of, any materials to a prohibited country or otherwise in violation of any laws.

GENERAL

These Terms of Use, together with any Additional Terms, constitute the entire agreement between you and Stratus with respect to the subject matter hereof. These Terms of Use and any Additional Terms shall be governed by the laws of the Commonwealth of Massachusetts. All lawsuits arising from or relating to these Terms of Use, any Additional Terms, or your use of the Stratus Website shall be brought in the Federal or State courts located in Boston, Massachusetts, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Stratus to exercise or enforce any right or provision of these Terms of Use or any Additional Terms shall not constitute a waiver of such right or provision. If any provision of these Terms of Use or any Additional Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Stratus and you as reflected in the provision, and that the other provisions of these Terms of Use or any Additional Terms remain in full force and effect. This agreement may be modified only by Stratus posting changes to these Terms of Use or by a writing signed by both parties.

 Copyrights and Trademarks


Copyright © 1980-2011 Stratus Technologies Bermuda Ltd. All rights reserved.

Download the full Trademark and Logo Usage Guidelines (PDF)

The following are registered trademarks of Stratus Technologies Bermuda Ltd.:

  • Stratus
  • the Stratus logo
  • ftServer
  • the ftServer logo
  • Continuum
  • Continuous Processing
  • SINAP
  • StrataLINK
  • StrataNET
  • the Availability Company
  • Stratus Avance
  • the Stratus Avance logo

The following are trademarks of Stratus Technologies Bermuda Ltd.:

  • the Stratus Technologies logo
  • the Stratus 24 x 7 logo
  • the Continuum logo
  • the Count on Stratus logo
  • the Stratus CA Framework logo
  • the Smarter Approach to Uptime
  • Count on Stratus
  • I Count on Stratus
  • The World’s Most Reliable Servers
  • The World’s Most Reliable Server Technologies
  • ActiveService
  • ftMessaging
  • Stratus Continuous Availability Framework
  • Active Upgrade
  • Stratus Inter-network Services Signaling Gateway
  • Converged Personalized Services
  • Stratus Mobile Call Convergence
  • Stratus Converged Wide Area Synchronization
  • Stratus Converged Service Broker
  • CALM
  • CALM logo
  • ftScalable
  • DupliCache
  • EnviroStor
  • Continuous Availability Servers
  • End-to End IT Availability
  • Converged Telecom

The following are service marks of Stratus Technologies Bermuda Ltd.

  • ftService
  • Uptime Meter
  • System Availability
  • Assured Availability
  • Assured Availability Plus
  • Continuous Availability Summit

UNIX is a registered trademark of The Open Group in the United States and other countries.

Intel and the Intel Inside logo are registered trademarks and Xeon is a trademark of Intel Corporation or its subsidiaries in the United States and/or other countries/regions.

Microsoft, Windows, and Windows Server are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries/regions.

VMware, VMotion, vSphere, and ESX are registered trademarks or trademarks of VMware, Inc. in the United States and/or other jurisdictions.

SAP, R/3, mySAP ERP, SAP NetWeaver, the SAP logo, and the SAP Partner logo are trademarks or registered trademarks of SAP AG in Germany and in several other countries.

The registered trademark Linux is used pursuant to a sublicense from the Linux Mark Institute, the exclusive licensee of Linus Torvalds, owner of the mark on a worldwide basis.

Red Hat, Enterprise Linux, and the Red Hat Shadowman logo are registered trademarks of Red Hat, Inc. in the United States and other countries.

Hewlett-Packard, HP, and HP-UX are registered trademarks of Hewlett-Packard Company.

FTX is a registered trademark of Lucent Technologies (except in Japan where it is a trademark) and RSN is a trademark of Lucent Technologies.

All other trademarks and registered trademarks are the property of their respective holders.

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