Company Information and Trademarks

Artificial Dynamics Limited (UK Regd Number 06218435) is a subsidiary within the AppSense Group of Companies which consists of AppSense Holdings Limited (UK Regd No 04624261), AppSense Limited (UK Regd No 03873980), AppSense GmBH and SmartPeak Ltd (UK Regd No 05643559)

Artificial Dynamics and SafeSpace are registered Trademarks in Europe and in the USA.

ArtificialDynamics.com Terms and Conditions

This Web site is provided by Artificial Dynamics Limited of 3200 Daresbury Park, Daresbury, Warrington, WA4 4BU (hereafter referred to as Artificial Dynamics ) Company No 06218435 and may be used for information purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.

Limited Licence

Subject to the terms and conditions set forth in this Agreement, Artificial Dynamics grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

Artificial Dynamics authorizes you to view and download the information ("Materials") at this Web site ("Site") only for your personal, non-commercial use. This authorisation is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: i) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; ii) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and iii) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorised copying of the Materials. Except as expressly provided herein, Artificial Dynamics does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ARTIFICIAL DYNAMICS LIMITED DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ARTIFICIAL DYNAMICS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. ARTIFICIAL DYNAMICS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third Party Sites

As a convenience to you, Artificial Dynamics may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Artificial Dynamics makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Artificial Dynamics or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Artificial Dynamics or any of its affiliates or subsidiaries.

Information Provided By You

Artificial Dynamics does not want you to, and you should not, send any confidential or proprietary information to Artificial Dynamics via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Artificial Dynamics will not be considered confidential or proprietary. By providing any such information or materials to Artificial Dynamics , you grant to Artificial Dynamics an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Artificial Dynamics is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Artificial Dynamics . You further recognize that Artificial Dynamics does not want you to, and you warrant that you shall not, provide any information or materials to Artificial Dynamics that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitations of Damages

IN NO EVENT SHALL ARTIFICIAL DYNAMICS OR ANY OF ITS ASSOCIATED COMPANIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF ARTIFICIAL DYNAMICS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes

Artificial Dynamics reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. Artificial Dynamics may terminate, change, suspend or discontinue any aspect of the Artificial Dynamics Site, including the availability of any features of the Site, at any time. Artificial Dynamics may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Artificial Dynamics may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

International Users and Choice of Law

This Site is controlled, operated and administered by Artificial Dynamics from its offices within the United Kingdom. Artificial Dynamics makes no representation that materials at this site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of UK export laws and regulations. If you access this Site from locations outside of the UK, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the United Kingdom, without giving effect to its conflict of laws provisions. This Agreement constitutes the entire agreement between Artificial Dynamics and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Our Privacy Policy

Artificial Dynamics Limited sets out its policy under the requirements under the Data Protection Act 1998 as the data controller for the use of personal information. Artificial Dynamics will employ reasonable efforts to bring this policy to your attention and where appropriate provide options in relation to treatment of your personal information. Personal information includes names, addresses, telephone, fax, email address, title/positions and other such information relating to you as an individual whether you are acting in your own capacity or working in business.

Artificial Dynamics collects personal information in a variety of ways whether you or your organization have made contact with Artificial Dynamics, or Artificial Dynamics has made contact with you. This may include but is not limited to telephone, email, attending training courses, seminars or events, questionnaires or other promotional campaigns.

Artificial Dynamics collects this information in its secure databases in order to record and support your interest in Artificial Dynamics for providing IT products and services, administration, marketing, training, verification for when accessing secure areas (e.g. My-ArtificialDynamics). Artificial Dynamics will also use the information for sales, customer surveys, marketing via telephone, email, post or SMS. Artificial Dynamics may provide your information to Artificial Dynamics suppliers, contractors, partners, goods and service providers and agents for these purposes. Beyond these purposes personal information is also used for the following:

For Artificial Dynamics departments for promotion of unrelated goods and services, for example cross selling.

For Artificial Dynamics associated companies (subsidiary or parent) for the marketing and promotion of their respective company and its goods and services; and for marketing purposes Artificial Dynamics may provide and share your personal information to Artificial Dynamics business partners, suppliers and agents to let you know of any goods, services, events, seminars or other opportunities that may be of interest to you.

The above points are options Artificial Dynamics will present to you to determine whether or not your personal information should be used to participate in the same, unless you have already exercised your options from the outset when providing your personal information. From time to time it may be necessary to clarify options you may have exercised, for instance when it is not clear where you do not wish your personal information to be used, or if fresh/new opportunities present themselves that may be of interest to you and we may request you to make a decision.

By supplying your information to Artificial Dynamics you consent to it being processed or transferred outside of the European Economic Area.

You in turn may provide personal information to Artificial Dynamics relating to another individual and this information is given and received by Artificial Dynamics on the basis the other individual has given their agreement and consent to the passing-on of their personal information for Artificial Dynamics to use as provided in this policy.

Monitoring Communications

Artificial Dynamics monitors and/or records communications for the purposes of security, improvement of Artificial Dynamics goods and services and staff training.

Use of Cookies

The Artificial Dynamics website employs the use of cookies to facilitate your visit and make browsing easier. Cookies will not contain and are not used to collect personal information. However, our web servers automatically log the IP/Internet address of your computer; this information does not identify you personally.

Updates and Amendments

You have the right to access and correct your personal information and privacy preferences. This may be accomplished from time to time when Artificial Dynamics may contact you or by you in writing to the webmaster at webmaster@artificialdynamics.com. Artificial Dynamics reserves all rights including intellectual property, copyright, database rights and the right to update or amend this Policy.

Artificial Dynamics Site Usage Monitoring

Artificial Dynamics uses Livestats.NET and ClickTracks to monitor the usage of ArtificialDynamics.com. More information about this software can be found at ClickTracks.com and DeepMetrix.com which includes legal disclaimers for this software.

© 2007 Artificial Dynamics Limited, All rights reserved.