Abilis

Privacy Policy for Abilis Systems web site

This document sets forth the Abilis Online Privacy Policy (the “Privacy Policy”) for this web site, www.abilis.com (the “Site”). If you have objections to the Privacy Policy, you should not access or use the Site. This Privacy Policy does not govern privacy practices associated with offline activities. For purposes of this Privacy Policy, "personal information" is defined as any information that identifies or can be used to identify, contact or locate the person to whom such information pertains.

Changes to Privacy Policy

The personal information that we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of such collection. Abilis reserves the right to change the Privacy Policy from time to time at its sole discretion, and will provide notice of material changes on the Site. If, as the result of such changes, you want to alter the ways in which Abilis is allowed to use your personal information, you can do so by following the procedure described below in the section entitled “Updating your Personal Information and Privacy Preferences.” You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy by your continued use of the Site after such notice has been posted for thirty (30) days with the following exception: if at the time you provide personal information to Abilis you are given the opportunity to limit how such information will be used to communicate with you, either by Abilis or by third parties, Abilis will not change your preference in this regard without your express consent. However, if Abilis sells assets (or the assets of a division or subsidiary) to another entity, or Abilis (or a division or subsidiary) is acquired by or merged with, another entity, Abilis may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent.

Entity Collecting Personal Information

Personal information on the Site is collected by Abilis. Abilis’ address is 18, chemin des Aulx, CH-1228 Plan-Les-Ouates, Geneva, Switzerland. Abilis’ telephone number is +41-22 706 19 00.The Site may contain links to other sites at which personal information may be collected. In such instances, unless expressly provided to the contrary, the collection and use of your personal information will be governed by the privacy policy applicable to that site. That privacy policy should identify the entity that is collecting your personal information.

Collection of Personal Information

As a visitor to the Site, you can engage in many activities without providing any personal information. In connection with other activities, such as utilizing online software applications, downloading documentation or requesting additional information, Abilis may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Abilis may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, telephone and facsimile numbers, and other personal information. When ordering products or services on the Site, you may be asked to provide a credit card number. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. When you use the Site, Abilis or third parties authorized by Abilis may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol ("IP") address of your computer. We use these environmental variables to facilitate and track usage of the Site and its services. Without expressly informing you in each particular circumstance, we do not match such information with any of your personal information. When you submit personal information to Abilis through the Site, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which Abilis and its affiliates and subsidiaries maintain offices, including without limitation, Switzerland. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage and processing of your information may be undertaken by trusted vendors of Abilis. Such vendors are bound by contract to not use your personal information for their own purposes or provide it to any third parties. The Site may contain links to websites maintained by third parties who may request and collect your personal information. Unless expressly provided to the contrary, personal information that you provide while you are visiting such a website will be subject to the privacy policy posted on such other website. In order to reduce errors in our database, authenticate our users and prevent abuse of our system we may on occasion supplement the personal information you submit to us with information from third party sources. For example, we may supplement your registration information with address information provided by the Swiss Postal Service to qualify your information and prevent errors in our database.

How your Personal Information is Used

Abilis collects your personal information in order to record and support your participation in the activities you select. If you download a software product, for example, your personal information is used to track and administer our software licenses and to register your rights, if any, to maintenance and support or other benefits that may be made available to licensees. As another example, if you request a technical document or other information from Abilis, personal information may be collected to enable us to deliver such information to you and to contact you to determine whether you need further information, products or services. Your personal information may also be used to keep you informed about product upgrades, new products and other products and services of Abilis and selected third parties if you have so opted to receive such communications. Abilis may collect information about the use of the Site, such as the types of services used and how many users we receive daily. This information is collected in aggregate form, without identifying any user individually. Abilis may use this aggregate, non-identifying statistical data for statistical analysis, marketing or similar promotional purposes.

Your Choices with Respect to Personal Information

Abilis recognizes and appreciates the importance of responsible use of personal information collected on the Site. Without your consent, Abilis will not communicate any information to you regarding products and services available from Abilis, although we may find it necessary to communicate with you regarding your use of the services on the Site. Except in the particular circumstances described in this Privacy Policy, Abilis will also not provide your name to other companies or organizations without your consent. There are other instances in which Abilis may divulge your personal information. Abilis may provide your personal information if necessary, in Abilis’ good faith judgment, to comply with laws or regulations of a governmental or regulatory body or in response to a valid subpoena, warrant or order or to protect the rights of Abilis or others.

Protection of Your Personal Information

The personal information that you provide Abilis resides on a server that only selected Abilis personnel have access to via password.

Updating Your Personal Information and Privacy Preferences

You have the right to access and correct your personal information and privacy preferences at any time. You may access and correct your personal information and privacy preferences (such as whether you wish to receive promotional communications from Abilis or third parties) by writing or calling Abilis at:

Abilis .Systems Sàrl
Attn: Marketing Department
18, chemin des Aulx
CH-1228 Plan-Les-Ouates
Geneva
Switzerland
Phone: +41-22 706 19 00
Fax: +41-22 706 19 49

Privacy Related Inquiries and Complaints

Abilis takes its customers’ privacy concerns seriously. If you believe that Abilis has not complied with this Privacy Policy with respect to your personal information or you have other related inquiries or concerns, please notify Abilis immediately at the address above. In your letter, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that the Privacy Policy has not been complied with. We will investigate your inquiry or complaint promptly. Please note that Abilis is not responsible for the content or privacy practices of non-Abilis websites to which the Site or any other Abilis website may link. You should review the privacy policy of such sites before using the sites.

Rev. 11/01/08

Editor

This site has been produced by Abilis System Sàrl with head offices located at 18, chemin des Aulx, CH-1228 Plan-Les-Ouates, Geneva, Switzerland. Publications manager: Yves MATHYS.

The site was created by TechSpark Ltd.

The site is hosted by : Abilis Systems Sàrl

Terms of Use

Abilis Systems Sàrl (“we”, “us” or “Abilis”) maintain the Abilis website as a service to its visitors. By using this website, you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not obtain information from or otherwise use this website.

Introduction

You agree to the terms and conditions set forth in this Terms of Use Agreement (“Agreement”) with respect to this website (the “Site”). This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Intellectual Property Rights

All information, documents, communications, files, text, graphics, software and products available through the Site, as well as their selection and arrangement (collectively, the “Materials”), are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials may violate such laws and this Agreement. Except as expressly provided herein or pursuant to a separate license agreement, Abilis and its suppliers do not grant any express or implied rights to use the Materials. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site or the Materials, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of Software

The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of Abilis and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are incorporated by reference herein. You will not be able to install or use any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by this Agreement. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Trademark Information

"Abilis Marks" means all names, marks, brands, logos, designs, trade dress and other designations Abilis and its subsidiaries use in connection with their products or services. You may refer to products and services by the associated Abilis Marks, provided that such reference is truthful and not misleading and complies with the then current Abilis Trademark and Logo policy and Design Guidelines, which may be obtained by contacting Abilis’ Marketing Department at +41 22 706 1900You may not remove or alter any Abilis Marks, nor may you use the Abilis Marks in any manner that is inconsistent with Abilis’ ownership of such Marks. You acknowledge Abilis' rights in the Abilis Marks and agree that any and all use of Abilis Marks by you shall inure to the sole benefit of Abilis. You agree not to incorporate any Abilis Marks into any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations without Abilis' permission.

Limited Right to Use

Unless otherwise expressly agreed in writing by Abilis, the viewing, printing or downloading of any Materials from the Site grants you only a limited, nonexclusive license for use solely by you for personal, internal, noncommercial purposes and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Materials may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, internal, noncommercial use (but not for resale or redistribution). The rights specified above to view, download and print the Materials are not applicable to the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any Materials appearing on the Site.

Indemnification

You agree to indemnify, defend and hold Abilis, Inc. and its affiliates (collectively, the "Affiliated Parties") harmless from and against any liability, loss, claim or expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Site.

Non transferable

Any password or right given to you to obtain Materials from the Site is not transferable. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Warranties and Disclaimers

UNLESS EXPRESSLY AGREED OTHERWISE IN WRITING BY ABILIS, THE MATERIALS AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. ABILIS HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE MATERIALS AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, MAY CONTAIN BUGS, ERRORS, TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY MATERIALS AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE MATERIALS AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Links to Other Websites

The Site may now, or hereafter from time to time, contain links to third-party websites. We do not control such websites nor do we investigate, monitor or check such websites for accuracy or completeness. Accordingly, we are not responsible for the content or opinions expressed in such websites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party website, you do so at your own risk. Abilis disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.

Forward-Looking Statements

The Site may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items relating to us; (ii) our plans, objectives and/or projections for future operations, including those relating to our products or services; (iii) our future economic performance; and (iv) other projections, estimates or forward-looking statements relating to us. All such statements and information are forward-looking statements. Such forward-looking statements are based upon, or will be based upon, our judgment with respect to future events at the time any such forward-looking statement is made. Forward-looking statements are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. We undertake no duty or obligation to update any forward-looking statement.

Information and Press Releases

The Site contains press releases and other information (collectively, "Information") about us, our business and our products, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site.

While all Information prepared by Abilis was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than Abilis that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information prepared by third parties are solely those of the author(s) and do not necessarily reflect the opinion of Abilis. With respect to Information contained in links to third-party websites, please refer to the section above entitled "Links to Other Websites."

Visitors' Communications

Except where expressly provided otherwise by us, all comments, feedback, information, or materials submitted to us through or in association with the Site shall be considered non confidential. By submitting such comments, feedback, information, or materials to us, you agree to grant Abilis an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such materials, and you also agree that Abilis is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such materials to us unless: (a) you grant us permission to do so; (b) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (c) we believe it necessary in order to protect the rights of Abilis or others. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.

Personal Information and Privacy

To learn about how Abilis protects your personal information, such as your name and address, refer to the Abilis Online Privacy Policy. Except as set forth in the Privacy Policy or in this Agreement, your personal information will be deemed to be confidential. Any non-personal information or material sent to Abilis will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Abilis or others, or as stated in our Privacy Policy.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Geneva, Switzerland, and shall be governed by and construed in accordance with the Swiss laws (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. You expressly submit to the exclusive jurisdiction and venue of the courts of Switzerland with respect to all matters relating to this Agreement or your use of the Site, and consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.