Website Usage Guidelines

Terms and Conditions For Using the Brilliant2 Website

The following Terms and Conditions govern your use of the Brilliant2 Web site and the materials accessible on or from the site. Please read them carefully before entering the site, and refer to them as necessary as you explore the Brilliant2 Web Site. Your use of the site means that you accept the Terms and Conditions. If you do not agree with these Terms and Conditions, please do not visit or use the Brilliant2 Web site.

Confidentiality
Brilliant2 Ownership Information
Disclaimers
Export Control
Restricted Rights
Forward Looking Statements
Privacy
Third-Party Statements on Brilliant2 Web Site; Links
Applicable Laws
Limitations on Use


Confidentiality

Those areas of the Brilliant2 Web site which you access by using a password or other security device (including Brilliant2 Partner Access) contain proprietary and confidential information on Brilliant2 and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information ("Brilliant2 Confidential Information"). By accessing Brilliant2 Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your Brilliant2 network, or, if you are a Brilliant2 Partner, your customers' networks. You also agree to be careful with this Brilliant2 Confidential Information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any Brilliant2 Confidential Information that you receive.

Brilliant2 discourages you from sending us any information that you consider to be confidential or proprietary through this Web site. Please note that if you do send us any such information or material, Brilliant2 will assume it is not confidential. By sending Brilliant2 information or material, you grant Brilliant2 an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Brilliant2 is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Brilliant2 Ownership Information

The information on this Web Site, along with any Materials (including, for example, white papers, press releases, data sheets, product descriptions and FAQs) is the copyrighted work of Brilliant2 and/or its suppliers and is protected under US and worldwide copyright laws and treaty provisions. Brilliant2 grants you permission to copy such Materials so long as each copy (i) is solely for informational, non-commercial use in support of Brilliant2 products and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original and (iii) displays a statement that the Materials are used solely with permission of Brilliant2.

Any software which you download from the Brilliant2 Web Site is governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software, you agree to abide by the terms of the license. Any reproduction or redistribution of such software not in accordance with the software license is expressly prohibited by law.

Brilliant2's trademarks may be used publicly only with permission from Brilliant2 and proper acknowledgement. All other trademarks, brands, and names are the property of their respective owners.

Except as expressly granted in this section (or to you specifically in writing), Brilliant2 and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Disclaimers

THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND Brilliant2 EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. IN NO EVENT SHALL Brilliant2 BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS.

Although Brilliant2 has attempted to provide accurate information on this Web site as a service to its users, Brilliant2 assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. Brilliant2 may change the programs or products mentioned at any time without notice. Mention of non-Brilliant2 products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. This site may contain indications of Brilliant2®â€™s current plans. Brilliant2 does not guarantee that any feature or product mentioned in this site will be produced, or produced in the form described. Brilliant2 reserves the right to modify its roadmaps without notice. Because international information is provided at this Web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

Any claims relating to the materials or the Web site will be governed by California law.

Export Control

Export of any information from the Brilliant2 Web site (including Confidential Information obtained through Brilliant2 Partner Access) outside of the United States is subject to all U.S. export control laws. You will abide by such laws and also to the provision of the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative set forth here. You and your organization will not sell, license, or otherwise provide or ship Brilliant2 products or technical data (or the direct product thereof) for export or re-export to the embargoed countries listed below:

Cuba, Iran, North Korea, Sudan, or Syria.

You also agree that unless you receive prior authorization from the U.S. Department of Commerce, you shall not transfer, export or re-export, directly or indirectly, any Brilliant2 technology or software (or the direct product of such technology or software or any part thereof, or any process or service which is the direct product of such technology or software) to any of the following nations or nationals thereof:

Albania, Armenia, Azerbaijan, Belarus, Cambodia, China, Georgia, Iraq, Kazakhstan, Korea (North), Kyrgyzstan, Laos, Libya, Macau, Moldova, Mongolia, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam.

You agree not to transfer, export or re-export Brilliant2 products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses without obtaining prior authorization from the U.S. Government.

For more information on Brilliant2's export compliance program please contact us.

Restricted Rights

All materials and software downloaded from this Web site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19. Use of the materials by the government constitutes acknowledgement of Brilliant2's proprietary rights in such materials.

Forward Looking Statements

This Web site may contain forward-looking statements. Actual results may vary materially.

Privacy

We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That's why we have put in place a Privacy Statement to protect your personal information. You should review this document before providing any personal data on the Brilliant2 site. Please read our Privacy Statement.

Third-Party Statements on Brilliant2 Web Site; Links

Brilliant2 may, but is not obligated to, monitor or review statements made by third parties on Brilliant2's Web site. Users or other third parties may post statements or information on some portions of the Brilliant2 site from time to time. Brilliant2 makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. Brilliant2 expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, Privacy, obscenity, or other areas of law. Also, at times this site may contain links to Web sites maintained by other companies, individuals or agencies which are provided as a convenience to Brilliant2 users. These linked sites are not under the control of Brilliant2, and Brilliant2 is not responsible for the accuracy of information on such sites. Brilliant2 does not monitor or review the content of such third party sites and therefore advises you that your access by link to third-party sites is at your own risk.

Applicable Laws

This Web site originates from and is maintained in the United States of America, and Brilliant2 makes no representations regarding the legality of access to or use of the site or the materials from other countries. Any export or use of the materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use, and use is limited as described above in Section 4 of these Terms and Conditions. Access in countries where the materials are illegal is prohibited. Users who access the Web Site from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws.

Limitations on Use

Brilliant2 may revise these Terms and Conditions at any time. Revisions will be posted on this "Legal Information" page and users are responsible for reviewing the page from time to time to ensure compliance. If Brilliant2 makes a request to you to stop using Brilliant2 Partner Access and/or to promptly return or destroy any copies of the information provided on this Web site, you will comply immediately with this request and will confirm in writing to Brilliant2 within ten (10) days that you have done so.