Terms of Use

Avocent Corporation Website - Terms of Use and Legal Restrictions

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE.

Use of this Website
Avocent Corporation ("Avocent") authorizes you to view and download the materials at this website only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this website in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose. For these purposes, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this website are copyrighted, and any unauthorized use of any materials at this website may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed materials.

Disclaimers
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES PROVIDED AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Avocent's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this website should be construed to alter such agreements. In addition, Avocent does not warrant the accuracy or completeness of the materials at this website. Avocent may make changes to the materials at this website, or to the products and prices described at this website, at any time without notice. The materials at this website may be out of date, and Avocent makes no commitment to update the materials. Information published at this website may refer to products, programs, or services that are not available in your country.

Limitation of Liability
IN NO EVENT WILL AVOCENT, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT AVOCENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION, OR SERVICES FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL SUCH COSTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Software
Any software or firmware (collectively, the "Software") that is made available to download from this website is the copyrighted work of Avocent. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the "License Agreement"). An end user may not install any Software that is accompanied by or includes a License Agreement unless he or she first agrees to the terms of the License Agreement. You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. The Software is made available for downloading solely for use by end users according to the License Agreement. 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. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AVOCENT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL AVOCENT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF AVOCENT HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to other Websites
Links to third-party websites on this website are provided solely as a convenience to you. If you use these links, you will leave this website. Avocent has not reviewed these third-party websites, does not control, and is not responsible for any of these websites or their content. Thus, Avocent does not endorse or make any representations about them, the information, software, or other products or materials found there, or any results that may be obtained from using them. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THIS WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

Trademarks
Avocent, the Avocent logo, Apex, AMWorks, AMX, AutoView, AVWorks, Cybex, DS1800, DSR, DS Series, DSView, Emerge, Equinox, LongView, OutLook, OSA Technologies, SuperSerial, SwitchView, and other names of Avocent products referred to at this website are trademarks or registered trademarks of Avocent Corporation and its subsidiaries. All other product and company names referred to at this website are the trademarks or registered trademarks of their respective owners.

Restricted Rights Legend
Any Software that is downloaded from this website for or on behalf of the United States of America, its agencies, and/or its 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 applicable laws and regulations. Use of the Software by the U.S. Government constitutes acknowledgement of Avocent's proprietary rights in such Software. Manufacturer is Avocent Corporation, 4991 Corporate Drive, Huntsville, AL 35805.

Forward-Looking Statements
Some of the information on this website may contain forward-looking statements regarding future events, future business prospects, or the future financial performance of Avocent Corporation. We wish to caution you that these statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected or implied. These risks and uncertainties are described in detail in the documents that Avocent files from time to time to time with the Securities and Exchange Commission, and we refer you to the documents Avocent has filed with the Securities and Exchange Commission for the details.