Legal Notices

TERMS OF USE AND PRIVACY POLICY

INTRODUCTION

This website (“Site”) provides information regarding Egenera, Inc. (“Egenera”, “we” or “us”) and its subsidiaries. This “Terms of Use and Privacy Policy” (collectively referred to as these “Terms”) describes the conditions on which this Site is made available to you. These Terms limit the way you may use and rely upon materials you find on the Site. Read these Terms carefully. By using the Site, you will be deemed to have accepted them. If you do not accept these Terms, you may not use this Site. We may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be modified, supplemented or superseded by expressly designated legal notices or terms located on particular pages at this Site.

Table of Contents

  1. Terms of Use
  2. Privacy Policy

I. TERMS OF USE OF SITE

We authorize you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright, trademark and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

SOFTWARE LICENSES

Any software that we make available for downloading via this Site is subject to the terms and conditions of separate written licensing arrangements in effect with you governing its use, reproduction and distribution. To the extent that the terms of a particular license conflict with the terms listed on this page, such license terms shall prevail with respect to such software. If you have no separate written licensing arrangements with Egenera, you are not authorized to view, access, use, download or reproduce such software in any way. REPRODUCTION OR REDISTRIBUTION OF SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE.

DISCLAIMERS

THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Our obligations with respect to our products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. We further do not warrant the accuracy and completeness of the materials at this Site. We may make changes to the materials at this Site, or to the products, programs and services described in them, at any time without notice. The materials at this Site may be out of date, and we make no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Egenera business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF ANY USE, INABILITY TO USE, OR ANY RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS OR INFORMATION OBTAINED THROUGH THIS SITE RESULTS IN THE LOSS OF OR DAMAGE TO ANY EQUIPMENT, DATA OR OTHER PROPERTY, YOU ASSUME ALL RISKS AND COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

USER SUBMISSIONS

All information, data, text, software or other materials submitted by you or other users of the Site (“Submissions”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not Egenera, are entirely responsible for all Submissions that you upload, post or otherwise make transmit via the Site. We and our designees have the right (but not the obligation) in our or their sole discretion to pre-screen, refuse to post, edit, move or remove any Submissions for any reason. We do not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the Site, you may be exposed to Submissions that are offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Submissions, including, but not limited to, for any errors or omissions in any Submissions, or for any loss or damage of any kind incurred as a result of the use of or reliance on any Submissions posted, emailed, transmitted or otherwise made available via the Site.

We do not claim ownership of the Submissions you place on the Site and we have no obligation of any kind with respect to such Submissions. Unless otherwise stated herein, any Submissions you provide in connection with the Site shall be deemed to be provided on a nonconfidential basis. Egenera shall be free to use or disseminate such Submissions on an unrestricted basis for any purpose, and you grant us and all other users of the Site an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, adapt, distribute, transmit, display, perform, adapt, resell and publish such Submissions (including in digital form) and to incorporate such Submissions into other works in any format or medium now known or later developed. You represent and warrant that you have proper authorization for the worldwide transfer and processing among Egenera, its affiliates, and third-party providers of any information that you may provide on the Site.

You agree not to upload, post or otherwise transmit via the Site Submissions that: (a) are inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to us or other users of the Site; (b) include unauthorized disclosure of personal information; (c) violate or infringe anyone’s intellectual property rights; or (d) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

YOUR CONDUCT

You agree that you will not use the Site to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Egenera or someone else, or spoof Egenera’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Submissions transmitted through the Site; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Site; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.

LINKS TO THIRD-PARTY WEBSITES

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. We do not control and are not responsible for any of these third-party sites or their content. Thus, we do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

We encourage you to be aware when you leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. The Privacy Policy contained in these Terms applies only to information collected by this Site.

GENERAL; EXPORT

We administer this Site from our offices in Marlborough, Massachusetts USA. We make no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of laws.

INDEMNITY

Any person or corporation submitting content to the Site agrees to defend, indemnify and hold Egenera and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such submitted content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by Egenera prior to publishing on the Site.

U.S. GOVERNMENT RESTRICTED RIGHTS

This Site contains confidential computer software and technical data. A valid license from Egenera is required for possession, use or copying. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation and Technical Data for Commercial Items are licensed to U.S. Government customers under our standard commercial license terms.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

In accordance with the Digital Millennium Copyright Act (17 USC § 512), we are registered with the US Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to our Designated Agent. The Designated Agent is the Egenera, Inc. Legal Department, telephone number 508-858-2600. Notification should be mailed to Egenera, Inc., 165 Forest Street, Marlborough, Massachusetts 01752, Attn: Legal Department or sent via e-mail to legal@egenera.com.

CONTACTING US

You may contact webmaster@egenera.com with any questions about these Terms, our privacy practices or this Site.

COPYRIGHTS AND TRADEMARKS

Copyright © 2001-2013 Egenera, Inc. All rights reserved. Egenera, Egenera stylized logos, PAN Manager, PAN Cloud Director, PAN Builder, PAN vmBuilder, PAN Server Portability, PAN Portability, BladeFrame, BladePlane, cBlade, Control Blade, pBlade, Processing Blade, sBlade, vBlade and Switch Blade are trademarks or registered trademarks of Egenera, Inc. in the United States and/or other countries. All other product names, service marks and trademarks mentioned herein or at this Site are trademarks of their respective owners.

II. PRIVACY POLICY

INFORMATION GATHERED

We are the sole owner of the information collected on the Site. We collect personally identifiable information from our users at several different points on the Site. We gather two types of information from you when you visit the Site: information you submit to us voluntarily, whether for registration, newsletter or other purposes; and information the Site gathers automatically.

INFORMATION YOU PROVIDE US

You do not need to provide us with personally identifiable information to use many features of the Site. To respond to your requests or enable you to register on the Site, however, we may request you to submit certain personally identifiable information such as your name, residential and/or business address, email address and/or telephone number(s). Contact information you provide may be used to contact you or to respond to your requests. If you do not wish to receive information from us, you may opt-out of receiving future mailings by responding as directed in the opt-out instructions or by contacting us directly at info@egenera.com.

INFORMATION WE COLLECT

When users browse our Site, we may log the IP address and other typical tracking information, but the users’ identities remain anonymous. This information is aggregated into our log files as site-wide information and is used for system administration, security and auditing purposes. We may also use the IP addresses to gather statistical information for marketing purposes.

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use on this Site both session ID cookies, which make it easier for you to navigate our site, and persistent cookies, which enable us to track and target the interests of our users to enhance the experience on our site, and allow users to access content for which they are already registered. A session ID cookie expires when you close you browser, and a persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. If you reject cookies, you may still use our site, but your ability to use some areas of our site may be limited.

We or our third party advertising partners employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs) that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics (about the size of the period at the end of this sentence) with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients, which allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see “Opt-out Options.”

Use of our Site is tracked by WebTrends, Inc. To learn how they collect and use information you should refer to the WebTrends’ On Demand Privacy Policy available at http://ondemand.webtrends.com/privacypolicy.asp.

SECURITY

While we try to prevent third party access to personally identifiable information, internet communications are not always secure. We cannot promise you that third parties cannot access your personally identifiable information. It is a condition of your use of this Site that you agree we are not liable for any such disclosure.

INFORMATION SHARING

We may use personally identifiable information that you provide for support services, marketing and statistical purposes. However, it is not our business practice to rent or lease or otherwise provide personally identifiable information that you may provide to us through the Site to third parties for commercial use, except in connection with the marketing and support of our products and services. We may also disclose such personally identifiable information about our users as required by law or to protect the rights, property or safety of ourselves, our users, or others. We do not sell or rent users’ names or email addresses to other companies so that they can send unsolicited email or written promotional materials. We may employ other companies and individuals to perform functions on our behalf, such as provide marketing assistance, process credit card payments, or provide customer service, but the purpose of such companies’ or individuals’ use of such information is generally limited to performing their function for us.

BUSINESS TRANSITIONS

In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personally identifiable information will likely be among the assets transferred. It is Egenera’s policy to seek appropriate protection for personally identifiable information in these types of transactions consistent with general commercial practices.

OPT-OUT OPTIONS

We understand you may desire to stop receiving promotional messages from us. You will be given the opportunity to stop receiving future email communication, or any newsletter or other regular mailing, by following the opt-out instructions included in each mailing or by contacting us at info@egenera.com.

Compliance

  1. Egenera BladeFrame Declaration of Conformity
  2. Egenera BladeFrame ES Declaration of Conformity
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