LICENSE DISCLAIMER AND COPYRIGHTS

The documents and information on SOPHOI’s website are copyrighted by SOPHOI, Inc., 2003, and all rights are reserved. These documents and information are protected by copyright, and, except as expressly permitted in this website, no part of a document or information on this website may be reproduced in any form or by any means without the express written consent of SOPHOI.

All other rights in and to SOPHOI’s website are reserved by SOPHOI. By furnishing information, SOPHOI does not grant any licenses to any copyrights, patents, trademarks or other intellectual property rights. Nothing on SOPHOI’s website is to be construed as conferring any license under any SOPHOI or third party intellectual property right, whether by estoppel, implication, or otherwise.

This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

TRADEMARKS

SOPHOI and the SOPHOI logo are registered trademarks of SOPHOI. A partial list of SOPHOI trademarks are: SOPHOI, iPLS, iPLS Televsion Sales, iPLS Product Planning and Acquisitions and iPLS Business Performance Analyzer. Other marks referred to in SOPHOI’s website may be trademarks or registered trademarks of SOPHOI. These marks, and any other mark displayed on a SOPHOI website, are the property of SOPHOI or their respective owners. Use of such marks is permitted solely on the prior written consent of SOPHOI or the third party that owns the mark.

CONTENT, WARRANTY AND LIABILITY DISCLAIMERS

The information on this website may contain inaccuracies or other errors. SOPHOI will not be responsible for any error or omission on the SOPHOI website, and SOPHOI reserves the right to make changes to its website at any time without notice. References or links to third-party products, services, websites or other information are provided for information purposes only and constitute neither an endorsement nor a recommendation by SOPHOI. SOPHOI has no responsibility for your access from SOPHOI’s website to a third-party website, and SOPHOI does not endorse, and is not responsible for the accuracy or reliability of, any content on third-party web sites.

YOU ARE USING THIS WEBSITE ENTIRELY AT YOUR OWN RISK. SOPHOI AND THIRD-PARTY INFORMATION ON SOPHOI WEBSITES IS PROVIDED "AS IS," WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. SOPHOI ASSUMES NO RESPONSIBILITY REGARDING THE ACCURACY OF THE INFORMATION THAT IS PROVIDED BY SOPHOI OR OTHERS. SOPHOI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING, AMONG OTHER INFORMATION, ANY INFORMATION REGARDING SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY SOPHOI WEBSITES, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, WITH RESPECT TO ITS WEBSITE AND THE USE THEREOF, IN NO EVENT WILL SOPHOI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, AMONG OTHER DAMAGES, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, COST OF REPLACEMENT GOODS, AND LOSS OR DAMAGE TO DATA. THIS INCLUDES DAMAGES ARISING FROM USE OF OR IN RELIANCE ON THE DOCUMENTS OR INFORMATION PRESENT ON SOPHOI’S WEBSITE (INCLUDING ANY INFORMATION POSTED OR PLACED BY ANYONE OTHER THAN SOPHOI), EVEN IF SOPHOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CONFIDENTIAL INFORMATION

SOPHOI does not want to receive confidential information or proprietary information through its website. Please note that information or material coming to SOPHOI by its website will be deemed non-confidential and will become the property of SOPHOI. By sending such information to SOPHOI, the sender agrees to assign to SOPHOI, at no cost, all rights, title, and interest in and to copyrights and other intellectual property rights in the information. Subject to SOPHOI’s privacy policy, SOPHOI will be free to use the information without restriction.

GOVERNING LAW AND JURISDICTION

SOPHOI’s website is controlled by SOPHOI from its headquarters in San Carlos, California, United States of America. California law, and applicable laws of the U.S., govern all matters regarding access to, or use of, SOPHOI’s website. Legal action in connection with access to or use of SOPHOI’s website will be instituted in the state or federal court sitting in or for San Mateo County, California, and which will have exclusive jurisdiction over the parties.

EXPORT RESTRICTIONS

Access to, and the downloading, use, or export of information (including software, products, or services) on a SOPHOI website in violation of U.S. export control laws or regulations, or in violation of any applicable law or regulation, is strictly prohibited.

FORWARD-LOOKING STATEMENT DISCLAIMER

The statements and information on this website that are not historical statements are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995, or the PSLA. In addition, SOPHOI has made in the past and may make in the future other written or oral forward-looking statements, including, among others, statements regarding future operating performance and future financial performance. All of these statements are also "forward-looking statements" within the meaning of the PSLA. Any forward-looking statement may be based on a number of assumptions concerning future events and may be subject to a number of uncertainties and other factors that could cause actual results to differ materially from such statements. Such factors include, among others, risk factors discussed in any of our reports. Recipients of such statements are cautioned not to place undue reliance on these statements. Notwithstanding anything to the contrary, SOPHOI undertakes no responsibility to provide updates related to any actual results differing from forward-looking statements.

CONTACT INFORMATION

If you have any questions about these Legal Terms, or if you would like to request permission to use any Materials, please contact the SOPHOI Legal Department at legal@sophoi.com.

Copyright © 2001-2003 SOPHOI, Inc., 16A Journey Ste. 100, Aliso Viejo, California 92656. All rights reserved.