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Terms of Use

Welcome to Technologyreview.com (the "Site"), an online service of Technology Review, Inc. By using the Site you agree to the following terms and conditions.

User Conduct

The Site and its contents, including but not limited to articles, newsletters, graphical images, interactive applications, audio and video material, compilations of material, and the user interface (the "Content") are the property and copyrighted material of Technology Review, Inc., its licensors and vendors. "Content" also includes any material from the Site that Technology Review, Inc. delivers to you through e-mail. You may display the Content and otherwise use the Site solely for your personal, noncommercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, or create derivative works from, transfer, link to, quote, or sell any content except as expressly permitted by the copyright laws, in this Agreement, or in the Site's Permission Services section.

"Technology Review 100", "Technology Review Scorecard", and all other Technology Review logos, product names and trade names are trademarks or registered trademarks of the company. All trademarks used on the Site are the property of their respective owners. The Technology Review trademarks may be used only with the express permission of Technology Review, Inc.

User Participation

You may post material to message boards, forums and other interactive areas of the Site. However, you may not post any material that (1) is defamatory, libelous, obscene, indecent, abusive or threatening to others; (2) infringes the copyright, trademark or other right of any third party; (3) uploads viruses or other contaminating or destructive features; (4) is commercial in nature; or (5) is in violation of any applicable laws or regulations. You are solely responsible for ensuring that any material you post complies with the foregoing conditions and will indemnify Technology Review, Inc., its officers and employees from and against all claims, liabilities, judgments, damages and costs (including attorney's fees) which arise out of materials you have posted on the Site. If Technology Review, Inc. becomes aware of any material that it believes may violate the foregoing conditions, it may, at its sole discretion, modify or remove the material.

You grant to Technology Review, Inc. the right to copy, publish, distribute, modify, translate and otherwise use in any medium any material that you place on the Site by any means, without compensation to you.

Purchase Of Services

You may have the opportunity to order or receive services through the Site directly or through links on the Site. All Services (unless otherwise noted as owned or offered by Technology Review, Inc.) are provided by third-party vendors ("Vendors") pursuant to agreements, licenses or other arrangements between that Vendor and you.

All aspects of your transactions regarding the Services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Service should be directed to that Vendor.

By using the Site you acknowledge and agree that Technology Review, Inc. and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Services ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.

You may have the option to purchase Services over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. However, neither Technology Review, Inc. nor any Vendor can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither Technology Review, Inc. nor any Vendor will have any liability if the applicable encryption technology fails to protect your information.

Copyrights

Copyright (c) 2003 Technology Review, Inc. All rights reserved, Technology Review, Inc., One Main Street, 13th Floor, Cambridge, MA 02142, USA.

Copying, reproduction, retransmission, or redistribution of any material contained in technologyreview.com in whole or in part or in any medium or form is prohibited without express permission. Permission to use Technology Review material is granted on a case-by-case basis. Please direct inquiries to our partner, The Copyright Clearance Center at http://www.copyright.com/UseAccount/IconJr/prodchoice.html or (978) 750-8400.

Technology Review, Inc. reserves the right to change this material at any time. Technology Review is not responsible for third-party material appearing on Technologyreview.com discussions.

If you would like to reprint this text in a newspaper or magazine outside of the United States of America please contact our syndication partner Tribune Media Services International. www.tmsinternational.com, by phone at tel: +1-213-237-7987 or email them latsi.sales@latsi.com.

Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to the User or to any third party or to any other person who may receive information in the Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

Intellectual Property Infringement Claims

It is the policy of Technology Review, Inc. to respond expeditiously to claims of intellectual property infringement. Technology Review, Inc. will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, Technology Review, Inc. will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Technology Review, Inc. will terminate access for subscribers and account holders who are repeat infringers.

Please direct any notices of claimed copyright infringement to the person or entity at the addresses and telephone number below:

Jim Coyle

One Main Street, 13th Floor
Cambridge, MA 02142
Telephone: 617 475 8013

Limitation of Liability and Disclaimers

ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

TECHNOLOGY REVIEW, INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIAL CONTAINED ON THE SITE.

TECHNOLOGY REVIEW, INC. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF THE SITE OR OF ANY EXECUTABLE PROGRAMS; DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, UNDELIVERED E-MAIL MESSAGES, LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR SITE, EVEN IF TECHNOLOGY REVIEW, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You understand that user-posted material expresses the views of that user and not the view of Technology Review, Inc.

The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that Technology Review, Inc. is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by Technology Review, Inc. of that Web site.

YellowBrix Content in Company Watch

Neither YellowBrix nor any third-party licensor shall have any liability for the accuracy or completeness of this service or any component thereof or for delays, unauthenticity, omissions or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including without limitation, any lost profits, indirect, special or consequential damages. Either YellowBrix or third-party licensors have exclusive proprietary rights in the information received via the service. Technology Review, Inc., end-user or visitor, as applicable, shall not use or permit anyone to use the information provided through the service for any unlawful or unauthorized purpose. Technology Review, Inc., end user, or visitor, as applicable, is not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of YellowBrix. Provision of the information on the service is subject to termination in the event that any agreement between a third-party licensor and a provider of information distributed through the service is terminated in accordance with its terms. YellowBrix, third-party licensors and their subsidiaries, affiliates, information providers and content partners shall have no liability for investment or other decisions based on the information provided hereby.

General

Technology Review, Inc. reserves the right to change this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions and your use of the Site following any such change constitutes your acceptance of such changes.

Technology Review, Inc. reserves the right to change the Site at any time at its sole discretion without notice to users. Technology Review, Inc. may deny access to the Site to anyone at any time.

This Agreement shall include any additional terms, conditions, notices, policies or disclaimers provided by Technology Review, Inc., its licensors or vendors in specific areas of the Site. However, in the event of a conflict between such terms and this Agreement, the terms of this Agreement shall control.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, as applied to contracts entered into and performed within Massachusetts.

Disputes concerning this Site or this Agreement will at the election of either party be resolved exclusively through binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be conducted in Cambridge, Massachusetts before a single arbitrator selected in accordance with such Rules. The arbitrator's decision will be non-appealable and judgment thereon may be entered in any court with jurisdiction over the parties.

The foregoing notwithstanding, nothing in this Agreement will be deemed to preclude any party from using the legal process of any court with jurisdiction to seek remedy or redress (including without limitation injunctive or other equitable relief) for any infringement of copyright, trademark rights, or other intellectual property rights.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

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