Legal

Superstructure Group Web Site Terms of Use

THIS WEB SITE ("SITE") IS OWNED BY SUPERSTRUCTURE GROUP. ("SUPERSTRUCTURE"). BY ACCESSING THE SITE OR USING THE MATERIALS PROVIDED BY SUPERSTRUCTURE THROUGH THE SITE, YOU REPRESENT THAT YOU HAVE READ THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE SITE. Questions regarding these Terms of Use should be directed to the Superstructure Legal Department by sending an e-mail to .

1. The Mole Web site
   The Site provides information regarding The Mole products and the Superstructure technical and consulting services. Access to and use of the Site is currently provided by Superstructure free of charge.

2. Copyright
   The Site and all content on the Site, including but not limited to, text, images, graphics, logos, and icons ("Superstructure Content") are the property of Superstructure. The Site and the Superstructure Content are protected by New Zealand and international copyright and trademark law and treaties. Except as expressly provided in these Terms of Use, you may not use, copy, download, display, publish, perform, distribute, transmit, modify, make derivative works of, decompile, reverse engineer, disassemble or commercially exploit the Superstructure Content without Superstructure express written consent. Copyright ©2005 Superstructure Group. All Rights Reserved.

3. Trademark
   Superstructure is the owner of certain trademarks, service marks and other trade names including The Mole logo, and other Superstructure products and services referenced on the Site. All other trademarks, services marks and trade names appearing on the Site are the property of their respective owners. For more information, please refer to the Superstructure Trademark Guidelines and the Superstructure Trademark List.

4. User Information
   Superstructure owns any information you provide through your use of the Site. Subject to the terms of the Superstructure Privacy Policy, Superstructure reserves the right to reproduce and use such information for its own marketing and other internal purposes. Such information will not be sold or otherwise provided to any third party without your consent.

5. Restrictions on Use of Site
   Superstructure reserves the right to refuse access to the Site in its discretion, including, without limitation, if Superstructure believes that user conduct violates applicable law or is harmful to the interests of Superstructure and its affiliates.

6. Linking
   This Site may contain links to Web sites controlled by parties other than Superstructure. Superstructure is not responsible for and does not endorse or accept any responsibility for the contents or your use of these third party websites.

7. Indemnification
   You agree to indemnify, defend and hold harmless Superstructure and its subsidiaries, affiliates, officers, directors, agents and employees, from any claim, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use and the documents it incorporates by reference, and your violation of any law or the rights of a third party. You shall cooperate fully in any defense of such claim. Superstructure reserves the right to take exclusive control over the defense of any such claim.

8. Warranty Disclaimer
   You expressly agree that your use of the Site and the Superstructure Content are at your sole risk. THE SITE AND THE SUPERSTRUCTURE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, AND SUPERSTRUCTURE-UPSHOT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

9. Limitation on Liability
   SUPERSTRUCTURE SHALL NOT HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, AND WHETHER ARISING IN TORT, PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT OF: (A) THESE TERMS OF USE; (B) YOUR USE OF THE SITE, AND THE SUPERSTRUCTURE CONTENT; (C) UNAVAILABILITY OR INACCURACY OF THE SITE OR THE SUPERSTRUCTURE CONTENT (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE THIS SITE OR THE SUPERSTRUCTURE CONTENT, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS) EVEN IF YOU HAVE NOTIFIED SUPERSTRUCTURE IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

10. Termination
    Superstructure reserves the right to terminate these Terms of Use at any time, for any reason whatsoever, and to revoke your access to the Site and the Superstructure Content without prior notice to you.

11. Applicable Law
    These Terms of Use shall be governed by and in accordance with the laws of New Zealand, without regard to its conflicts of law provisions.

12. General
    Superstructure reserves the right to change these Terms of Use, the Site, and the Superstructure Content at any time. Superstructure will post a notice of any change to the Terms of Use on this page. Your continued use of the Site after any such change is made constitutes acceptance of and agreement to be bound by these Terms of Use as modified. If any provision of these Terms of Use is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use constitute the entire agreement between you and Superstructure and supercede all prior and contemporaneous proposals and other communications made between the parties, written or oral.

13. Additional Terms
    The following documents are incorporated by reference: Superstructure Trademark Guidelines, Superstructure Trademark List and Superstructure Privacy Policy. Superstructure may change these documents from time to time by posting such changes on the appropriate pages of the Site. Your continued use of the Site after any such change is made constitutes acceptance of an agreement to be bound by the terms of the Superstructure Trademark Guidelines, Superstructure Trademark List and Superstructure Privacy Policy as modified.

Superstructure Group Trademark Guidelines

Superstructure Group has prepared these Trademark Guidelines ("Guidelines") to protect its trademarks, services marks and trade name which are valuable assets. It is the trademark owner's responsibility to police and protect its trademarks to ensure that they do not become diluted or fall into generic use and lose their protected status.

These guidelines are for Superstructure Group ("Superstructure") licensees, authorized resellers, partners and other third parties wishing to use Superstructure trademarks, service marks, trade name or logos in promotional, advertising, instructional or reference materials, or on their websites, products, labels or packaging.

All Superstructure products or logos referenced in the Superstructure Web site are either trademarks or registered trademarks of Superstructure. For more information see Superstructure Trademark List at. The absence of a product or logo from these Guidelines or the Superstructure Trademark List does not constitute a waiver of Superstructure trademark or other intellectual property rights concerning that product name or logo.

All other products, logos and company names mentioned in the Superstructure Web site are trademarks of their respective owners.

If you have any questions regarding these Guidelines, please contact Superstructure at .

A.    Trademark Notice

A trademark notice (®,™ or SM) must be placed adjacent to the first and most prominent reference to a Superstructure trademark. Trademark notices may be set in any font that is compatible with the surrounding text and in any legible point size. The trademark notice should be a superscript character that immediately follows the trademark. There should be no space between the trademark and the notice. For example:

The Mole®

B.    Proper Usage of Superstructure Group Trademarks

Terms should be capitalized as they appear on the Superstructure Trademark List. Be particularly aware of unusual capitalization, such as:

The Mole™

1. Never abbreviate or alter the Superstructure trademarks.
   WRONG: Mole
   CORRECT: The Mole™

2. Never use a trademark in the possessive
   WRONG: Superstructure modular product design allows your company to configure a solution of its own design.
   CORRECT: The modular design of Superstructure products allows your company to configure a solution of its own design.

3. Never use a trademark in the plural
   WRONG: The Moles are solutions that provide tools for enterprise intelligence automation.
   CORRECT: The Mole™ is a solution that provides tools for enterprise intelligence automation.

4. Never use a trademark as a verb 
   WRONG: Mole your enterprise.
   CORRECT: Use The Mole™ in your enterprise.

5. Never include a trademarked term in a hyphenated phrase.
   WRONG: These programs are The Mole - compatible.
   CORRECT: These programs are compatible with The Mole™.

C.    Trade Name Guidelines

Trademark notices are not used when the term is being used as a trade name rather than a trademark. For example, you may use "Superstructure" in the possessive if it is clearly being used as a trade name rather than as a trademark, such as "Superstructure enterprise intelligence automation products." Where it is not clear whether a trademark is being used as a trade name, the general trademark rules in these Guidelines apply and trademark notices must be used.

D.    Authorized Use of Superstructure Group Trademarks

1. Advertising, Promotional, and Sales Materials: Only Superstructure and its authorized resellers, partners and licensees can use the Superstructure logo and trademarks ("trademarks") in advertising, promotional and sales materials.

2. Referential Use: Third parties may make referential use of The Mole product name (but not The Mole logo) to describe that the third party product is compatible with The Mole product or technology according to the following conditions: a) The Mole mark is not part of the third party product name; b) The Mole mark is used in a referential phrase such as "for use with", "for" or "compatible with"; c) the product is in fact compatible with, or otherwise works with The Mole product; d) The Mole mark appears less prominent than the third party product name; e) the reference does not create a sense of sponsorship, endorsement or false association with Superstructure services or The Mole products; f) the use does not show Superstructure or its products in a false or derogatory light.

3. Publications, Seminars and Conferences: Third parties may use a Superstructure trademark in connection with periodicals, magazines, book titles, seminars or conferences according to the following conditions: a) the use is referential and less prominent than the rest of the title. For example: ABC SEMINAR for Superstructure Users; b) the use reflects favorably on both Superstructure and Superstructure products; c) the third party name and logo appear more prominent than the Superstructure mark on all printed material related to the seminar, conference or publication; d) a disclaimer of sponsorship, affiliation or endorsement by Superstructure is included on the publication and all related printed materials. For example: "_____________________ is an independent (seminar) and has not been authorized, sponsored, or otherwise approved by Superstructure."; e) a trademark attribution notice is included in the credit section giving notice of Superstructure ownership of its trademarks.

4. Web Sites: Third party Web sites may use the Superstructure trademarks, provided that such use complies with these Guidelines.

Prohibited Use of Superstructure Group Trademarks

Subject to the exceptions set forth in these Guidelines, you are prohibited from using the Superstructure trademarks in any of the following situations:

1. Company Names, Product Names or Names of Services: You may not include, incorporate, use or register any Superstructure trademark or part of an Superstructure trademark into your company name or the name of your products or services except as specifically noted in these guidelines.

2. The Mole Logo: You may not use The Mole logo on or in connection with your web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from Superstructure, such as a reseller agreement.

3. Variations, Abbreviations or Combinations with the Marks of Another Company: You may not use the The Mole logo or any variation of The Mole logo for any purpose. You may not use a variation, phonetic equivalent, foreign language equivalent, takeoff or abbreviation of an Superstructure trademark for any purpose. You may not combine Superstructure trademarks or product names with those of another company.

4. Disparaging Manner: You may not the Superstructure trademarks in a disparaging manner.

5. Endorsement or Sponsorship: You may not use the Superstructure trademarks in any manner that would imply Superstructure affiliation with or endorsement, sponsorship or support of your (or any other third party's) company, product or service.

6. Trade Dress: You may not imitate the distinctive Superstructure design, packaging, logo or typefaces.

7. Domain Names: You may not use or register an identical or virtually identical Superstructure trademark in an Internet domain name. Third party Web sites may use terms such as "about Superstructure" or "about The Mole™" in the title of their sites; provided that the title of the site does not begin with either "Superstructure", "The Mole" or any other Superstructure product name. These rules apply to all licensed users, partners, resellers and distributors of Superstructure products.

Distribution Within the United States

On product, product documentation, or other product communications that will be distributed only in the United States, the appropriate trademark symbol (®,™, SM) should be used the first time the Superstructure trademark appears in the text of the advertisement, brochure or other material.

Please refer to the Superstructure Trademark List for the correct trademark symbol, spelling and capitalization of the trademark and generic term to use with such trademark.

An attribution of Superstructure ownership of its trademarks should be included within the credit notice of your product, product documentation, or other product communication.

The correct formats are:

The Mole® is a registered trademark of Superstructure Group.
Hyperbolex™ is a trademark of Superstructure Group.

Superstructure Group Trademark List

November, 2005

The following is a current list of the Superstructure registered trademarks and the Superstructure trademarks and services marks.

For information on how to use Superstructure trademarks and service marks, see the Superstructure Trademark Guidelines or contact the Superstructure Legal Department at .

The absence of a product name or logo from this list does not constitute a waiver of Superstructure trademark or other intellectual property rights concerning that product name or logo.