Terms of Use

Advent Software, Inc. and its affiliates (collectively "Advent") makes available information, materials, products (including software), and services on Advent's Web site located at http://www.advent.com/ (the "the Site"), subject to the following terms and conditions. These Terms of Use ("Terms of Use") apply to the Site, as well as any features or content we may add in the future. By accessing or otherwise using the Site, you agree to the terms and conditions as outlined in this legal notice.  Homepage

Please carefully review the following terms and conditions.

Use of the Site

You may download, view, copy and print documents and graphics incorporated in the Site (the "Documents") from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. As a condition of your use of the Site, you warrant to Advent that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any Advent server, or the network(s) connected to any Advent server, or interfere with any other party's use and enjoyment of any the Site. You may not attempt to gain unauthorized access to any the Site, other accounts, computer systems or networks connected to any Advent server or to any of the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.  Advent reserves the right to revoke access and use of the Site and any such use shall be discontinued immediately upon notice from Advent.

Use of the Site

Any use of software and accompanying documentation you download from the Site, if any, is subject to the terms of a software license agreement between you and Advent. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.

Warranties, Disclaimers and Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND ADVENT, ALL SOFTWARE, SERVICES, DOCUMENTS, THIRD-PARTY LINKS AND INFORMATION ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. ADVENT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, TRAINING AND COMMUNICATION SERVICES CONTAINED ON THE SITE. ADVENT ASSUMES NO RESPONSIBILITY FOR ERRORS, INACCURACIES OR OMISSIONS IN ANY SOFTWARE, SERVICES, DOCUMENTS, THIRD-PARTY LINKS AND INFORMATION ON THE SITE.  IN NO EVENT SHALL ADVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE, NON-USE, PROVISION, PERFORMANCE OR FAILURE OF PERFORMANCE OF THE SITE, SERVICES, DOCUMENTS, THIRD-PARTY LINKS AND INFORMATION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

The Site can be accessed from other countries around the world and may contain references to Advent products, services and programs that have not been announced in your country. These references do not imply that Advent intends to announce such products, services or programs in your country.

Indemnification

You agree to indemnify and hold Advent and its agents, employees, and licensors (including third party providers) harmless from any claim, demand, loss costs or expenses, including attorneys' fees, made by any person arising out of your violation of this Terms of Use, state or federal securities laws or regulations, or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.

Forward-Looking Statements Disclaimer

The Site may now, or hereafter from time to time, contain forward-looking statements or information regarding Advent that involve risks or uncertainties, and these may pertain to: (i) the projection of revenues, income, earnings per share, capital expenditures, dividends, capital structure or other financial items; (ii) the plans, objectives and/or projections of Advent for future operations, including those relating to the products or services of Advent; (iii) future economic performance; (iv) assumptions underlying or relating to any of the forgoing statements or information; and (v) any other projections, estimates or forward-looking statements. All such statements and information are forward-looking statements within the meanings of Section 27A of the U.S. Securities Act of 1933, as amended, and Section 21E of the U.S. Securities Exchange Act of 1934, as amended. The statements contained on the Site that are not purely historical are forward-looking statements. Such forward-looking statements are based upon, or will be based upon, the then current views of Advent or its management with respect to future events, plans or expectations and are subject to a number of risks, uncertainties and assumptions. Should one or more of these risks or uncertainties materialize, or should underlying assumptions prove incorrect, Advent's actual results, performance or achievements could differ materially from those expressed in, or implied by, any such forward-looking statements. The inclusion of forward-looking statements should not be regarded as a representation by Advent or any other person that future events, plans or expectations contemplated by Advent will be achieved. Advent undertakes no obligation to release publicly any updates or revisions to any such forward-looking statements that may reflect events or circumstances occurring after the date posted.

For further detail and information concerning potential factors which could cause future events, plans or expectations to materially differ or concerning Advent in general, please consult Advent's documents and reports now or hereafter on file with the U.S. Securities and Exchange Commission, particularly Advent's most recently filed Annual Report on Form 10-K and Quarterly Reports on Form 10-Q.

Privacy Policy

View Advent's Website Privacy Policy. The Privacy Policy is an integral part of this Terms of Use and should be read as if the Terms of Use and the Privacy Policy are one integrated document.

Links to Third-Party Web Sites

The Site may contain links to third-party Web sites, which are not under the control of Advent. Advent makes no representations whatsoever as to any other Web site to which you may have access through the Site. When you access a non-Advent Web site, you do so at your own risk and Advent is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Advent provides these links merely as a convenience and the inclusion of such links does not imply that Advent endorses or accepts any responsibility for the content or uses of such Web sites. You agree that under no circumstances will you hold Advent liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.

Modification to the Site

Advent reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Advent will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

 

Export Control Laws; U.S. Government Rights

You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Advent in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Advent outside the U.S. Neither the services of Advent nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Copyright and Intellectual Property Ownership

Copyright © 2007 by Advent. All rights reserved. Copyright herein is claimed by Advent or its affiliates and is protected under United States Copyright Act, Title 17, U.S. Code § 117. Except as otherwise permitted herein, no content on the Site may be reproduced in any form or by any means without the prior written consent of Advent. All other rights, title and interest not expressly granted are reserved. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

If you are the owner of a copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Site, you may notify Advent by sending Advent’s designated agent a notification of claimed infringement that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act.  Notifications that do not comply with Section 512(c)(3) will not be considered.  Notices must be sent to Advent’s designated agent at the following address:

By Mail:

Richard Pugh
Advent Software, Inc.
600 Townsend Street
San Francisco, CA 94103

By Phone:  (415) 645-1025

By fax:  (415) 556-0626

By email:  rpugh@advent.com

Trademark Information

ADVENT is a registered trademark of Advent. Advent and the trademarks, logos and service marks (the "Marks") displayed on the Site are the property of Advent and its affiliates, or of their respective third-party owners. Use of the Marks is not permitted absent prior written consent of Advent or of the respective third-party owner. For further information on the use of Advent's Marks, please see Trademark Notice.

General

The Terms of Use and all future agreements you shall enter into with Advent, unless otherwise indicated on such other agreement, shall be governed by the law of the state of California, without regards to the conflicts of laws principles thereof or the United Nations Convention on International Trade Law. You and Advent also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of the State of California with respect to such matters. Advent makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment or agency relationship exists between you and Advent as a result of this agreement or use of the Site. If a court of competent jurisdiction deems any provision of this Terms of Use unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.