Solana Networks
Terms & Conditions
1.0 Trial Description:
1.1 Solana Networks regularly assists prospective customers to conduct trials of its FalconView appliance on their networks. For the period starting at 9:00AM (EST) on May 12, 2007 and concluding at 12:00PM (EST) on December 17, 2007 (the "Trial Period", unless terminated earlier as set out below), Solana shall be giving away one iPod Nano to each prospective customer that participates in such a trial for a period of 2 weeks and provide feedback on product features, usability and performance.
2.0 Eligibility:
2.1 The conduct of a trial as described above (a "Trial") is open for all legal residents of Canada and the United States who are eighteen (18) years of age or older as of the first day of the Trial Period.
2.2 Only one Trial per company is permitted.
2.3 To be eligible to participate in a Trial, a participant's network must consist of at least ten (10) routers, running OSPF or IS-IS or BGP routing protocol.
2.4 Notwithstanding the above, a Trial is not open to employees, agents or representatives of Solana Networks (the "Excluded Individuals"). The Trial is also not open to the immediate family members of the Excluded Individuals.
3.0 To Sign Up:
3.1 No purchase is required to participate in the Trial.
3.2 To set up a Trial date with your company, please complete the form provided and click "Submit" or send an email to promo@solananetworks.com with subject "Solana Network Trial". By signing up you agree to the "Network Trial Challenge" rules and regulations.
3.3 A Trial requires the installation of Solana Networks FalconView appliance onto the participant's IP network (onsite or remote).
3.4 Solana Networks shall contact you to schedule a Trial, at its discretion.
3.5 Trials will be scheduled on a first come - first served basis.
4.0 Prizes:
4.1 There are (10) iPod Nanos (each, a "Prize") available to be given away.
4.2 The approximate retail value of each Prize, including shipping, handling, and taxes is $225 CDN.
4.3 Only one (1) Prize shall be awarded per participant (a "Prize Recipient").
4.4 A Prize shall be shipped to the Prize Recipient (subject to availability of Prizes, as described above) within twenty (20) business days after completion of the Trial.
5.0 Rules and Regulations:
5.1 In order to be receive a Prize as described above, Trial participants must be in compliance with these Solana Networks Trial Rules and Regulations and, in particular, the following:
5.1.1 To participate in the trial, the participant must execute a trial agreement with Solana Networks.
5.1.2 The Trials and the Trial Period shall terminate once ten (10) Prizes are given away.
5.1.3 The Prize recipient must complete, sign and return a standard form declaration and release prepared by Solana Networks within ten (10) business days from the date on which the Trial was conducted.
5.1.4 If a Prize recipient is not in compliance with these Rules and Regulations, Solana Networks reserves the right to disqualify such participant from the Trial and select a further Prize recipient from the remaining compliant participants.
5.1.5 The decisions of Solana Networks are final, and participants agree to abide by all of the instructions and decisions of Solana Networks. In the event of any dispute regarding the interpretation of these Rules and Regulations or any decision rendered by Solana Networks, the decision or interpretation of Solana Networks shall prevail.
5.1.6 Any attempt to tamper with a Trial, interfere with these Rules and Regulations, deliberately damage any Solana Networks intellectual property (including its FalconView appliance) or undermine the administration, security or legitimate operation of the Trial, in Solana Networks' sole discretion (collectively referred to as "Prohibited Acts"), may violate laws, and Solana Networks reserves the right to seek damages and/or other relief from all persons responsible for such acts to the fullest extent permitted by law.
5.1.7 Solana Networks assumes no responsibility for: the failure, interruption, technical malfunction or delay of any email or other communication to be received, for any reason; the malfunction of, or damage caused to, any telephone network or lines, computer equipment, data or software, online systems, servers or access providers; traffic congestion on the Internet; the security or privacy of information transmitted via computer networks; or for breaches of privacy due to interference by third party computer "hackers".
5.1.8 Prizes given are non-transferable, must be accepted as given by Solana Networks and cannot be exchanged by a Prize recipient for cash or other substitutes. The refusal by any Prize recipient to accept the Prize releases and forever discharges Solana Networks and their agents of all obligations related to the Prize, including delivery.
5.1.9 Solana Networks reserves the right, at its sole discretion and without prior notice, to amend, cancel, close, suspend or reinstate this Trial at any time and for any reason whatsoever.
5.1.10 By entering the Trial, each participant agrees to abide by these Rules and Regulations, which are subject to change without notice to participants individually, and each participant releases Solana Networks, their respective directors, officers, employees, representatives, agents, from any damage, loss or liability suffered as a result of or arising from the participant's participation in the Trial or the use of the Prize.
5.1.11 The Trial is void where prohibited by law and is subject to all applicable federal, provincial and municipal laws and regulations.
5.1.12 Trial and the Rules and Regulations shall be exclusively governed by and construed in accordance with the laws of the province of Ontario. Any dispute shall be adjudicated in the courts sitting in Ottawa, Ontario, Canada.