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THE FOLLOWING NOTICES AND CONDITIONS OF USE APPLY TO ALL ACCESS TO THIS WEBSITE AND ALL ACCESS OR DOWNLOADING OF ANY SOFTWARE (“SOFTWARE”), DOCUMENTATION (“DOCUMENTATION”) OR SERVICES (“SERVICES”) OR OTHER CONTENT AVAILABLE ON THIS WEBSITE, AND TO ANY SUBSEQUENT USE OR COPYING OR DISTRIBUTION OF ANY SUCH SOFTWARE OR DOCUMENTATION OR SERVICES OR OTHER CONTENT BY ANY PERSON AT ANY TIME. YOU MUST CAREFULLY REVIEW THESE NOTICES AND CONDITIONS OF USE BEFORE YOU PROCEED.THE FOLLOWING NOTICES AND CONDITIONS OF USE APPLY TO ALL ACCESS TO THIS WEBSITE AND ALL ACCESS OR DOWNLOADING OF ANY SOFTWARE (“SOFTWARE”), DOCUMENTATION (“DOCUMENTATION”) OR SERVICES (“SERVICES”) OR OTHER CONTENT AVAILABLE ON THIS WEBSITE, AND TO ANY SUBSEQUENT USE OR COPYING OR DISTRIBUTION OF ANY SUCH SOFTWARE OR DOCUMENTATION OR SERVICES OR OTHER CONTENT BY ANY PERSON AT ANY TIME. YOU MUST CAREFULLY REVIEW THESE NOTICES AND CONDITIONS OF USE BEFORE YOU PROCEED.

This website and its design and content and the Software and Documentation available on this website are the copyrighted works of Distinct and/or its suppliers and are protected by the copyright laws of the United States and international treaty provisions. All rights are reserved. All title and other rights of ownership in and to this website and its contents and the Software and Documentation shall remain the sole property of Distinct and/or its suppliers.

You are prohibited from copying or using or distributing or otherwise transmitting any part of the Software made available on this website for any purpose except as provided by the express terms of the Distinct License Agreement which accompanies such Software. All other copying, reproduction, use, distribution or republication for any purpose is prohibited. You will be required to enter into and to fully comply with such License Agreement as a condition of any use or copying of such Software.

You are granted permission to make a single copy of any Documentation made available on this website and to use such Documentation solely for your personal and non-commercial use. All Documentation and any copy thereof must bear the copyright notice set forth in this Notice and such Documentation shall not be modified or edited to any extent. You are prohibited from otherwise copying or using or distributing or transmitting any part of the Documentation made available on this website for any purpose except as provided by the express terms of any Distinct License Agreement which accompanies any Software related to such Documentation.

ANY VIOLATION OF THESE RESTRICTIONS ON COPYING OR DISTRIBUTION OR USE OR TRANSMISSION ARE PROHIBITED BY LAW AND MAY SUBJECT YOU TO SUBSTANTIAL CIVIL AND CRIMINAL PENALTIES.

NEITHER DISTINCT NOR ITS SUPPLIERS MAKE ANY REPRESENTATION OF ANY KIND REGARDING THIS WEBSITE OR ITS CONTENTS OR THE USEFULNESS OR SUITABILITY OF ANY SOFTWARE, DOCUMENTATION OR SERVICES AVAILABLE ON THIS WEBSITE FOR ANY PURPOSE. SUBJECT TO THE EXPRESS TERMS OF ANY APPLICABLE DISTINCT END USER LICENSE, THIS WEBSITE AND ITS CONTENTS AND ALL SOFTWARE AND DOCUMENTATION AND SERVICES ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DISTINCT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, DISTINCT DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL BE DEFECT OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SOFTWARE OR DOCUMENTATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY INFORMATION ON THIS WEBSITE IS CORRECT OR COMPLETE. PRICES AND PRODUCT AVAILABILITY SUBJECT TO CHANGE WITHOUT NOTICE AT ANY TIME OR FROM TIME TO TIME.

UNDER NO CIRCUMSTANCES SHALL DISTINCT OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE OR ITS CONTENT OR ANY OF THE SOFTWARE, DOCUMENTATION OR SERVICES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR OTHER PECUNIARY LOSS), EVEN IF DISTINCT OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN ANY ACTION OF CONTRACT, NEGLIGENCE OR OTHER ACTION IN TORT OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF DISTINCT TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED ANY AMOUNT PAID BY YOU TO DISTINCT TO ACCESS OR USE THIS SITE OR FOR SAID SOFTWARE, DOCUMENTATION OR SERVICES AS APPLICABLE.

You may not download and otherwise transfer or export or reexport any of the Software or Documentation except in full compliance with all United States and other applicable laws and regulations. Without limiting the foregoing, none of the Software or Documentation may be downloaded or otherwise transferred or exported or reexported into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria or any other country to which the United States has embargoed goods. By downloading any Software or Documentation, you agree to comply with all such laws and warrant that you are not located in, under control of, or a national or resident of any such country.

The Software and Documentation made available on this website are classified as "Commercial Computer Software" and "Commercial Computer Software Documentation" under applicable Federal Regulations and are being acquired only with RESTRICTED RIGHTS. If the acquiring unit or agency is the U.S. Department of Defense, the Government is acquiring any Software and Documentation in accordance with the terms hereof pursuant to DFAR Section 227.7202. If the acquiring unit or agency is any other unit or agency of the United States Government, the Government is acquiring the Software and Documentation in accordance with the terms hereof pursuant to FAR Section 12.212 and FAR Section 52.227-19(c)(1) and (2). The manufacturer is Distinct Corp., 175 Bernal Road, San Jose, CA 95119 - U.S.A.

These Notices and Conditions of Use shall be governed by California law without reference to principles of conflicts of law. No other person shall have any right or power to modify or waive any of these Notices and Conditions of Use other than a duly authorized officer of Distinct. All rights not expressly granted in these Notices and Conditions of Use are hereby reserved and retained by Distinct.

TRADEMARK NOTICE: Distinct, IntelliTerm, Network Monitor, DNM and all other names of Distinct products or processes and all Distinct logos are trademarks or registered trademarks or service marks or trade dress of Distinct Corporation. Other trademarks, registered trademarks, service marks, company or product names set forth in this website are the property of their respective owners.

FICTITIUOS CHARACTERS: Cody and Kathy are our electronic internet helpers. Their names do not correspond to the actual name of the person assisting you. In fact responses to your queries may be given by more than one actual Distinct employee or consultant, depending on the complexity of the question.

COPYRIGHT NOTICE: (c) 2016 Distinct Corp. and or its suppliers. All rights reserved.

DISTINCT Corp.
175 Bernal Road
San Jose, CA 95119 - U.S.A.
(10/2003)







04/27/2017   Legal notices | PRIVACY Policy |