Welcome
to the Crewsoft Software Inc. ("Crewsoft") web site (the
"Web Site"). Please review the following terms and
conditions concerning your use of the Web Site. By accessing,
using or downloading any materials from the Web Site, you agree to
follow and be bound by these terms and conditions (the
"Terms"). If you do not agree with these Terms, please
do not use this Web Site.
GENERAL
USE PROVISIONS
All
materials provided on this Web Site, including but not limited to
information, documents, products, logos, graphics, sounds, images,
software, and services ("Materials"), are provided
either by Crewsoft or by their respective third party
manufacturers, authors, developers and vendors ("Third Party
Providers") and are the copyrighted work of Crewsoft and/or
its Third Party Providers. Except as stated herein, none of the
Materials 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 other means, without the prior express
written permission of Crewsoft or the Third Party Provider. Also,
you may not "mirror" any Materials contained on this Web
Site on any other server without Crewsoft's prior express written
permission.
Except
where expressly provided otherwise by Crewsoft, nothing on this
Web Site shall be construed to confer any license under any of Crewsoft's
or any Third Party Provider's intellectual property rights,
whether by estoppel, implication, or otherwise. You acknowledge
sole responsibility for obtaining any such licenses. See the
"Legal Contact Information" below if you have any
questions about obtaining such licenses. Materials provided by
Third Party Providers have not been independently reviewed,
tested, certified, or authenticated in whole or in part by Crewsoft.
Crewsoft does not provide, sell, license, or lease any of the
Materials other than those specifically identified as being
provided by Crewsoft.
Crewsoft
hereby grants you permission to display, copy, distribute and
download Crewsoft's Materials on this Web Site provided that: (1)
both the copyright notice identified below and this permission
notice appear in the Materials; (2) the use of such Materials is
solely for personal, non-commercial and informational use and will
not be copied or posted on any networked computer, broadcast in
any media, or used for commercial gain; and (3) the Materials are
not modified in any way. This permission terminates automatically
without notice if you breach any of these terms or conditions.
Upon termination, you will immediately destroy any downloaded or
printed Materials.
Any
unauthorized use of any Materials contained on this Web Site may
violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes.
FORWARD-LOOKING
STATEMENTS
This web site may contain
forward-looking statements that involve risks, uncertainties and
assumptions. If any of these risks or uncertainties materializes
or any of these assumptions proves incorrect, the results of Crewsoft
Systems, Inc. and its consolidated subsidiaries could differ
materially from those expressed or implied by these
forward-looking statements. All statements other than statements
of historical fact are statements that could be deemed
forward-looking statements, including any projections of earnings,
revenues, synergies, accretion or other financial items; any
statements of the plans, strategies and objectives of management
for future operations; any statements concerning proposed new
products, services, developments or industry rankings; any
statements regarding future economic conditions or performance;
any statements of belief and any statements of assumptions
underlying any of the foregoing.
The risks, uncertainties
and assumptions referred to above include, but are not limited to,
risks associated with the eBusiness software applications market;
risks associated with customer and partner relations, such as
risks associated with eBusiness applications and systems markets,
the availability of Crewsoft Systems' products and services,
customer implementation of products and services and relationships
with customers, third-party vendors, systems integrators and other
partners; the ability of Crewsoft Systems, Inc. to retain and
motivate key employees and to successfully manage growth; risks
associated with new versions and new products and the need to
continue to expand product distribution and services offerings.
Further information on potential factors that could affect the
financial results of Crewsoft Systems are included in its Annual
Report on Form 10-K, Quarterly Reports on Form 10-Q and other
filings with the Securities and Exchange Commission, which are
available on the Investor Information page on this web site.
Crewsoft Systems, Inc.
assumes no obligation and does not intend to update these
forward-looking statements.
LINKS
TO THIRD PARTY SITES
This Web site may contain
links to web sites controlled by parties other than Crewsoft. Crewsoft
is not responsible for and does not endorse or accept any
responsibility for the contents or use of these third party web
sites. Crewsoft is providing these links to you only as a
convenience, and the inclusion of any link does not imply
endorsement by Crewsoft of the linked web site. It is your
responsibility to take precautions to ensure that whatever you
select for your use is free of viruses or other items of a
destructive nature.
THIRD
PARTY PUBLICATIONS
Crewsoft Systems has not
co-authored, ratified, endorsed or adopted the information
contained in this any publications referenced on this web site by
publishing it herein.
THIRD
PARTY STATISTICS
Crewsoft Systems has not
co-authored, ratified, endorsed or adopted any statistics provided
by third parties by publishing them on this web site.
SOFTWARE
USE RESTRICTIONS
Any software that may be
made available to download from this Web Site
("Software") is the copyrighted work of Crewsoft and/or
Third Party Providers. Use of the Software is governed by the
terms of the end user license agreement that accompanies or is
included with the Software ("License Agreement"). An end
user agrees to the License Agreement terms by installing, copying,
or using the Software. The Software is made available for
downloading solely for use by end users according to the License
Agreement. Without limiting the foregoing, the copying or
reproduction of the Software to any other server or location for
further reproduction or redistribution is expressly prohibited.
Any reproduction or redistribution of the Software not in
accordance with the License Agreement is expressly prohibited by
law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF
THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE
LICENSE AGREEMENT, Crewsoft HEREBY DISCLAIMS ALL EXPRESS OR
IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE
HELD TO BE LEGALLY INVALID. Installation assistance, product
support and maintenance, if any, of the Software is available from
Crewsoft and/or the Third Party Providers, as applicable.
RESTRICTED
RIGHTS LEGEND
Any
Software which is downloaded from this Server for or on behalf of
the United States of America, its agencies and/or
instrumentalities ("U.S. Government"), is provided with
Restricted Rights. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is Crewsoft Systems, Inc.,
2207 Bridgepointe Parkway, San Mateo, California 94404.
SUBMISSIONS
Except
where expressly provided otherwise by Crewsoft, all comments,
feedback, information or materials submitted to Crewsoft through
or in association with this Web Site ("Submissions")
shall be considered non-confidential and Crewsoft’s property. By
providing such Submissions to Crewsoft, you agree to assign to Crewsoft,
at no charge, all worldwide rights, title and interest in
copyrights and other intellectual property rights to the
Submissions. Crewsoft shall be free to use and/or disseminate such
Submissions on an unrestricted basis for any purpose. You
acknowledge that you are responsible for the Submissions that you
provide, and that you, not Crewsoft, have full responsibility for
the Submissions, including their legality, reliability,
appropriateness, originality and copyright.
DISCLAIMER
EXCEPT
WHERE EXPRESSLY PROVIDED OTHERWISE BY Crewsoft, THE MATERIALS ON
THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND
ARE FOR COMMERCIAL USE ONLY, AND Crewsoft HEREBY DISCLAIMS ALL
EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND
CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Crewsoft MAKES NO
REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF
THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION
OF LIABILITY
Crewsoft
SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING,
MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE
MATERIALS. IN NO EVENT SHALL Crewsoft BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING
BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA
OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THIS WEB SITE, EVEN IF Crewsoft HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE
RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA
AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL
NOT MAKE A CLAIM AGAINST Crewsoft FOR LOST DATA, RE-RUN TIME,
INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE
USE OF THE MATERIALS. YOU AGREE TO HOLD Crewsoft HARMLESS FROM,
AND YOU COVENANT NOT TO SUE Crewsoft FOR, ANY CLAIMS BASED ON OR
RELATED TO THE USE OF THE WEB SITE.
LOCAL
LAWS; EXPORT CONTROL
Crewsoft
controls and operates this Web Site from its headquarters in
various locations in the United States of America and makes no
representation that these Materials are appropriate or available
for use in other locations. If you use this Web Site from other
locations, you are responsible for compliance with applicable
local laws including but not limited to the export and import
regulations of other countries. Unless otherwise explicitly
stated, all marketing or promotional materials found on this Web
Site are solely directed to individuals, companies or other
entities located in the United States of America. You acknowledge
and agree that Materials are subject to the U.S. Export
Administration Laws and Regulations. Diversion of such Materials
contrary to U.S. law is prohibited. You agree that none of the
Materials, nor any direct product therefrom, is being or will be
acquired for, shipped, transferred, or re-exported, directly or
indirectly, to proscribed or embargoed countries or their
nationals, nor be used for nuclear activities, chemical biological
weapons, or missile projects unless authorized by the U.S.
Government. Proscribed countries are set forth in the U.S. Export
Administration Regulations. Countries subject to U.S. embargo are:
Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This
list is subject to change without further notice from Crewsoft,
and you must comply with the list as it exists in fact. You
certify that you are not on the U.S. Department of Commerce's
Denied Persons List or affiliated lists or on the U.S. Department
of Treasury's Specially Designated Nationals List. You agree to
comply strictly with all U.S. export laws and assume sole
responsibility for obtaining licenses to export or re-export as
may be required.
LIST
OF ANALYSTS/ANALYST COVERAGE
Crewsoft
Systems, Inc. is followed by certain analysts mentioned on this
web site. Please note that any opinions, estimates or forecasts
regarding Crewsoft Systems' performance made by these analysts are
theirs alone and do not represent opinions, forecasts or
predictions of Crewsoft Systems or its management. Crewsoft
Systems does not by its reference to any analysts imply its
endorsement of or concurrence with their information, conclusions
or recommendations. Information provided by analysts is subject to
change, and Crewsoft Systems cannot guarantee its accuracy.
GENERAL
This
Web Site may include inaccuracies or typographical errors. Crewsoft
and the Third Party Providers may make improvements and/or changes
in the products, services, programs, and prices described in this
Web Site at any time without notice. Crewsoft may periodically
make changes to the Web Site. Any action related to these Terms
will be governed by California law and controlling U.S. federal
law. No choice of law rules of any jurisdiction will apply. These
Terms represent the entire understanding relating to the use of
the Web Site and prevail over any prior or contemporaneous,
conflicting or additional, communications. Crewsoft has the right
to revise these Terms at any time without notice by updating this
posting. Any rights not expressly granted herein are reserved by Crewsoft.
INTELLECTUAL
PROPERTY NOTICES
Elements
of the Web Site are protected by trade dress and other laws and
may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from the Web Site may be copied or
retransmitted unless expressly permitted by Crewsoft.
Crewsoft,
the Crewsoft logo and/or other Crewsoft products referenced herein
are trademarks of Crewsoft Systems, Inc., and may be registered in
certain jurisdictions. All other product names, company names,
marks, logos, and symbols may be the trademarks of their
respective owners.
If
you have any questions about these Terms, or if you would like to
request permission to use any Materials, please contact the Crewsoft
Legal Department at (212) 282-3302