* Effective (12/12/2005)

Legato respects your privacy and is committed to protecting the personal information you share with us. This statement describes how Legato Systems collects and uses your personal information to provide services that you request or when you choose to provide us with your personal information.

Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, other contact information, title, occupation, industry, personal interests, and other information when needed to provide a service or product or carry out a transaction you have requested.

Legato hereby disclaims all warranties with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Legato neither makes nor implies a warranty as to the accuracy, completeness, or reliability of the information provided herein, including, without limitation, information regarding Legato's planned or prospective service offerings or service coverage. Legato disclaims all liability for technical inaccuracies, typographical errors, or other errors or omissions contained within this site. Legato does not warrant that this site or the server that makes it available are free of viruses or other harmful components, nor that the access to this site will be uninterrupted or error-free, and Legato assumes no responsibility for any and all damage caused thereby. By proceeding to access this site, you hereby assume the entire risk of relying upon the information provided herein.

When you browse our website, you do so anonymously, unless you have previously registered with us. We do not automatically collect personal information, including your email address. We do log your IP address (the Internet address of your computer) to give us an idea of which part of our website you visit and how long you spend there. But we do not link your IP address to any personal information unless you have registered with us. Like many other commercial websites, the Legato website may use a standard technologies, such as “cookies” and other HTML tools, to collect information about how you use the site or to record that you opened an email marketing message.

Legato collects personal information when you register with Legato for a Legato account, when you use certain Legato products or services, when you register to attend a seminar or participate in an online survey, when you ask to be included in an email or other mailing list, or when you submit an entry for a sweepstakes or other promotions, or when you submit your personal information to Legato for any other reason. From time to time, Legato receives personal information from business partners and vendors. Legato only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Privacy Statement and applicable laws. When you submit personally identifying information via one of our feedback or application forms, that information is also encrypted, or scrambled, by your browser before it is transmitted back to our web site. This effectively prevents anyone from intercepting and reading any personal information about you. Note that this encryption does not take place if you send us email, but only when you use your web browser with one of our site's forms.

Access to certain Legato web pages requires a login and a password. The use of those web pages, and the information or programs downloadable from those sites, may be governed by a written agreement between your employer and Legato. Unless you request deactivation of your personal information as specified below, your personal information may be retained by Legato to verify compliance with the agreement, log software licenses granted, track software downloaded from those pages, or track usage of other applications available on those pages.

In most cases we will provide you with the opportunity to "opt in" prior to receiving direct marketing or market research information. This means we will require your affirmative action to indicate your consent before we use your information for purposes other than the purpose for which it was submitted. At a minimum, we will always give you the opportunity to "opt out" of receiving such materials. This means we assume you have given us your consent to collect and use your information in accordance with this Privacy Statement unless you take affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate option or box at the point of collection.

A cookie is a small data file that certain websites write to your computer’s hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of Legato's website use cookies to track user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information.

Some Legato websites and HTML-formatted e-mail newsletters may use web beacons in conjunction with cookies to understand user behavior. A web beacon is an electronic image, called a single-pixel (1x1) or clear GIF. Web beacons can recognize certain types of information on a visitor's computer, such as a visitor's cookie number, time and date of a page view, and a description of the page where the web beacon is placed. Some Web beacons may be unusable if you elect to reject their associated cookies. Legato may also use customized links or other similar technologies to track email links that you click. We may associate that information with your personal information in order to provide you more focused e-mail communications or purchase information. Each e-mail communication includes an unsubscribe link allowing you to stop delivery of that type of communication.

If you prefer not to receive cookies while browsing our website or via HTML-formatted emails, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, although you may not be able to take full advantage of Legato's website if you do so. In particular, you may be required to accept cookies in order to complete certain actions on our website. You do not need to have cookies turned on, however, to use/navigate through many parts of our website, except access to certain of Legato's web pages may require a login and password.

For additional information about cookies and other tracking technologies, including instructions for blocking their use, see http://privacy.getnetwise.org/browsing/tools/.

Legato uses information for several general purposes: to fulfill your requests for certain products and services, to personalize your experience on our website, to keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear about either from us or from our business partners, and to better understand your needs and provide you with better services. We may also use your information to send you, or to have our business partners send you, direct marketing information or contact you for market research.

Your personal information may be shared with other Legato offices or subsidiaries around the world. All such entities are governed by this Privacy Statement or are bound by appropriate confidentiality and data transfer agreements.

Your personal information is never shared outside Legato without your permission, except under conditions explained below. Inside Legato, data is stored in controlled servers with limited access. Your information may be stored and processed in the United States or any other country where Legato, its subsidiaries, affiliates or agents are located.

Legato may send your personal information to other companies or people under any of the following circumstances:

• when we have your consent to share the information;
• if sharing your information is necessary to provide a product or service you have requested (If your information is shared with third parties we will only provide the information they need to deliver the service. Also, such companies are prohibited from using your information for any other purpose);
• as part of a joint sales promotion or to pass sales leads to one of our distribution partners; and
• to keep you up to date on the latest product announcements, software updates, special offers or other information we think you would like to hear about either from us or from our business partners (unless you have opted out of these types of communications).

We will also disclose your personal information if required to do so by law, to enforce our Terms of Use, or in urgent circumstances, to protect personal safety, the public or our websites.

If you are a registered user, you can review your personal information and make change requests. You may also request deactivation of your Legato account or any of your personal information held by us by sending an email to . If you choose to deactivate your account, we will retain in our files some personal information you have requested to remove to prevent fraud, resolve disputes, troubleshoot problems, enforce our Terms of Use, respect your opt-out preferences, and comply with legal requirements as permitted by law.

Your Legato account information is password-protected for your privacy and security. Legato safeguards the security of the data you send us with physical, electronic, and managerial procedures. In certain areas of our websites, Legato uses industry-standard SSL-encryption to enhance the security of sensitive data transmissions. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.

Our websites do not target and are not intended to attract children under the age of 13. Legato does not knowingly solicit personal information from children under the age of 13 or send them requests for personal information.

Legato's website contains links to other sites. Legato does not share your personal information with those websites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

Our website may contain links to websites operated by other companies. Some of these third-party sites may be co-branded with a Legato logo, even though they are not operated or maintained by Legato. Although we choose our business partners carefully, Legato is not responsible for the privacy practices of web sites operated by third parties that are linked to our site. Once you have left our website, you should check the applicable privacy statement of the third party website to determine how they will handle any information they collect from you.

We hope you find our website useful and informative and are always willing to answer questions and receive suggestions. If you have either, please e-mail the webmaster at (inquires@legatosys.com). Thank you.

Legato Systems may amend the information provided in this site, or to the products or services provided herein, at any time without notice. However, Legato has no obligation to provide such modifications or updates, or to continue to provide access to this site. A revised policy statement will only apply to data collected subsequent to its effective date. Any revisions will be posted at least 30 days prior to its effective date.