Software Terms of Use & Legal Disclaimer Important Information About Our Alpha Program, Software, and This Web Site Software Licenses All DARTDevices and DART Software ("Software”), including Software which may be downloaded from this site, or shipped in an electronics device, is copyrighted material owned by DARTDevices or its suppliers. Any use of the Software, which is licensed, not sold, to end users is subject to the terms of a DARTDevices License Agreement between you and DARTDevices which accompanies each Software product. DART and DARTDevices alpha Software is licensed under terms of applicable DART or DARTDevices beta license agreements. During the Software installation process, you will be given the opportunity to read the License Agreement for the Software you are installing, and you will be asked to accept its terms. If you cannot do so, then you may not complete the installation process. All rights, title, and interest not expressly granted are reserved. The License Agreements contain important information about the product's limited warranty (or no warranty), your remedies for non-conforming Software; and about DARTDevices’s limited liability. We encourage you to read the applicable License Agreement prior to ordering or installing any of our Software products. No Representations or Warranties Except where expressly provided otherwise by DARTDevices, the materials on the web site are provided "as is", are experimental, and DARTDevices 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. DARTDevices 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. DARTDevices 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 DARTDevices 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 DARTDevices 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 DARTDevices for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the materials. You agree to hold DARTDevices harmless from, and you covenant not to sue DARTDevices for, any claims based on or related to the use of the web site. Governing Law and Jurisdiction This Web site and associated download software are controlled by DARTDevices from its offices in Mountain View, California, United States of America. All matters relating to your access to, or use of, this Web site shall be governed by the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, this Web site shall be instituted in a state or federal court in California. You and DARTDevices agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. You may not access, download, use or export the information, Software, products or services contained on this Web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations. Feedback Except where expressly provided otherwise by DARTDevices, all comments, feedback, information or materials submitted to DARTDevices through or in association with this Web site shall be considered non-confidential and DARTDevices's property. By submitting such comments, feedback, information or materials to DARTDevices, you agree to a no-charge assignment to DARTDevices of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. DARTDevices shall be free to use such comments, feedback, information or materials on an unrestricted basis. This Web Site May Contain Errors Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. DARTDevices may also make improvements, changes and/or deletions in the products and/or the programs described in this information at any time without notice. This Web Site may include technical inaccuracies or typographical errors. DARTDevices and any 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. DARTDevices may also make improvements, changes and/or deletions in the products and/or the programs described in this information at any time without notice. Any action related to these Terms will be governed by state and federal laws. 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. DARTDevices 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 DARTDevices. We Don't Control 3rd Party Darts Third party developers can create their own Darts using our SDK, and we may make their Darts available on our site, or they may be made available on some other site, or other media. For your convenience, we may offer access to this software, but please be aware that we have no control over, and are not responsible for, the content, actions, or quality of such 3rd party software, and can make no representations about any Dart that you may access through some other distribution mechanism than this site. The fact that we may provide access to 3rdparty Darts (software) is not an indication of any endorsement or affiliation with or between DARTDevices and the third party providing such site. Intellectual Properties and Trademarks Elements of the Web Site and Darts 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 DARTDevices. DARTDevices, the DARTDevices logo, Darts, the Dartboard logo, the “Dart Arrow”, slogans, and/or other logos or DARTDevices products referenced herein are trademarks of DARTDevices, and may be registered in certain jurisdictions. The absence of a product or service name, slogan, or logo from this list does not constitute a waiver of DARTDevices's trademark or other intellectual property rights concerning that name, slogan, or logo. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. Copyright © 2008 DARTDevices Corporation, 465 Fairchild Dr. Suite 130, Mountain View, CA 94043. All rights reserved.