PRIVACY STATEMENT AND LEGAL NOTICES

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Merlin respects that your privacy is important to you. The following policy demonstrates our commitment to your privacy, and is a disclosure of our information practices. It outlines what type of information is collected on you, how the information is used, with whom the information is shared, and how you can manage our use of your private information.

Our company takes your data integrity seriously. We provide you with products to ensure data integrity for your business and back our products with a website that implements the highest industry standard security technology for the Internet today.

This statement covers all information collected, and used, on the www.merlinsoftech.com, www.merlintechnologies.com, www.essentialserver.com and www.securdvr.com websites.

Merlin web sites may contain links to other web sites. Merlin is not responsible for the privacy practices, or the content of these sites.

You can visit, and surf, our websites without giving us any personally identifiable information. Non-personally identifiable information is collected whenever you visit our sites. This information contains the URL of the website you were at before you visited the site, and the URL of the site you visit after you leave one of our websites.

Merlin collects personally identifiable information only when it is requested. We request this information when you order a product or service, participate in promotional activities, answer surveys, or correspond with us. It will be clear to you when you are on a part of the site that requires personal information, because we will ask you for it. The personally identifiable information we ask for may include your name, mailing address, phone number, e-mail address, employer, and job title.

We gather and use both your personally identifiable and non-personally identifiable information in a number of ways.

We request information from you when you order our products online so we may deliver your order, process your payment, and communicate with you with regard to fulfillment of your order.

Information is collected from you when you register your products online. This information is collected so we may personalize our customer service to you.

Information is collected from you when you contact us for technical support. This is used to understand how you use our products, so we may build on the current solutions and services offered to you.

From time-to-time we may also collect information for marketing purposes, during online surveys and polling, or during promotional activities, such as newsletters, promotional emails, or contests. This data is collected from you voluntarily so we may contact you for further market research regarding our products and services, and so we may administer a promotional program, notify winners, and make a winner’s lists publicly available as pursuant to certain state/ province laws.

Merlin will not sell, trade, or rent your personally identifiable information to others. We will however, share your information with our business partners in situations where our partnerships enhance our product and services offerings to you. Your information will only be shared with our partners when related to the purpose it was collected.

If you provide us with personally identifiable information to support our customer service to you and would like to review, or remove any of this data you may request us to do so by emailing us your request, with instructions that include the specific data to change to support@merlintechnologies.com. We will make all reasonable efforts to update our databases as per your request.

Merlin is committed to protecting the quality and integrity of the information you supply. We acknowledge your trust and are committed to preventing unauthorized access to customer data, maintaining accuracy, and ensuring the proper use of information. Our websites take every precaution to protect your information both online and offline.

We have implemented all appropriate technologies to stand by this commitment. When we ask you to give us sensitive information over the Internet that information is encrypted with the best encryption software in the industry.

Our network is protected behind a “firewall” and we use 128-bit encryption. The Secure Socket Layer (“SSL”) encryption technology we use safeguards your information, including your credit card number when you purchase our products online. The icon of an unbroken key, or closed lock (depending on your browser) will appear on the bottom of your browser window to let you know when this security measure is working. When you are on a secure page the icon becomes locked, as opposed to open, when you are ‘surfing.’

While we use secure technology to protect sensitive information, we also do everything we can to protect your information offline. The number of employees who can access personally identifiable customer contact information is restricted to those who need the information to perform a specific job, and Merlin requires all employees to sign a non-disclosure agreement when employed. Merlin employees have made a legal obligation to respect the privacy of your personal information when managing your contact files.

"Cookies" are small data files transferred by a website to your computer’s hard drive. Merlin may use cookies when you surf our site, make purchases, respond to online surveys, or request information. Accepting cookies from our site does not give us access to personal information, but does identify your computer.

Using cookies enables us to analyze traffic patterns on our website and assists us by providing us with the necessary information to improve our website’s content and functionality, which in turn improves our customer service to you.

Most browsers will automatically accept cookies. If you would like to choose not to accept cookies from our site you can usually refuse them by adjusting the preferences in your browser. More information on adjusting and controlling cookies can be found by visiting the following websites:

Merlin may also use web beacon technology to improve customer services. “Web beacons” are placed on pages to detect visits to certain pages on our website. Web beacons work in conjunction with cookies and generate anonymous notices of web page visits. If you don not wish to associate your anonymous cookies information with your visits to these pages, you can again set your browser to turn off the cookies. If you turn off cookies, web beacon technologies will still detect anonymous visits to these pages, but the notices they generate cannot be associated with other anonymous cookie information and are disregarded.

WebTrends Live is used to analyze traffic to this web site. WebTrends Live does not create individual profiles for visitors. Unlike some tracking services WebTrends Live does not have a database of individual profiles for each visitor. WebTrends Live only collects aggregate data. For more information about WebTrends Live privacy policy, please click here.

The intended audience for Merlin web sites is an adult audience. However, while we do not target children directly we are sensitive to the fact that children can access our site while surfing online. We take all precautions to ensure we comply with applicable laws and requirements regarding children and internet use, such as the United States' Children's Online Privacy Protection Act (COPPA).

This privacy statement was last updated July 9, 2001. All changes to our online policies will be updated here in this statement. Please check this page periodically to review any changes whenever you visit a Merlin website.

Legal Notices

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This page states the Terms and Conditions under which you may use the websites www.merlinsoftech.com and www.essentialserver.com (collectively, the “Website”) operated by Merlin Software Technologies International Inc. (“Merlin”). Because these Terms and Conditions contain legal obligations, please read this web page carefully. By accessing the Website, you acknowledge that you have read this web page and that you accept the Terms and Conditions. If you do not accept these Terms and Conditions, do not use the Website. Please check this page periodically as Merlin may amend these Terms and Conditions from time to time by posting the amended Terms and Conditions on the Website and you agree to be bound by such amended Terms and Conditions.

The contents of the Website, including all information, graphics, and logos on the Website (the “Material”) are protected by copyright. Merlin authorizes you to view and download a single copy of the Material on the Website solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Materials. All rights to the Material not granted herein are reserved by Merlin. Without limiting the forgoing, you may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose.

All rights in Merlin’s trademarks are reserved. Such trademarks include:

• ARCANA
• BRIGADE
• COMMUNICADO
• HOTWIRE FAX
• LINUX FOR THE MASSES
• MERLIN SOFTECH
• MERLIN SOFTWARE TECHNOLOGIES
• OPTION SOURCE
• PERFECTBACKUP+
• SOFTWARE THAT'S PURE MAGIC
• EssentialServer
• EssentialServer
• EssentialServer & Design
• YOUR DATA IS YOUR BUSINESS
• YOUR BUSINESS IS YOUR DATA
• THE PLUS FACTOR
• TURNING TECHNOLOGY INTO SOLUTIONS
• Penguin Wizard Design

Any software that is available for download from the Website is subject to the license terms in the appropriate Merlin Software License Agreement. You may not download, or install such software until you have read and accepted the terms of the Software License Agreement.

Other than personally identifiable information, which is covered by the Merlin's Privacy Statement, any materials, information, or communication you submit or post to the Website through online forms, emails, chat rooms, bulletin boards, discussions or other user forums, including any data, questions, comments, suggestions, or the like will be treated as non-confidential and non-proprietary.

Merlin may, but is not obligated to, monitor or review any areas of the Website where users transmit or post communications with each other. Merlin has no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, and privacy.

You are prohibited from posting or transmitting to or from the Website false, unlawful, threatening, libelous, defamatory, obscene, or pornographic material, or any other material deemed defamatory, obscene or otherwise unacceptable.

Merlin is entitled to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing new products and services, and you hereby grant a royalty-free, perpetual license to Merlin for any such uses.

Although Merlin has attempted and will attempt to provide accurate information on the Website, Merlin assumes no responsibility for the accuracy of any information on the Website. The Website and the Material are provided "as is", with no warranties or conditions whatsoever. All express, implied and statutory warranties and conditions, are expressly disclaimed to the fullest extent permitted by law. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the forgoing disclaimers may not apply to you insofar as they relate to implied warranties.

Under no circumstances will Merlin or its suppliers be liable to you for any direct, indirect, incidental, consequential, special, exemplary, economic or punitive damages (even if Merlin has been advised of the possibility of such damages). In no event will the total aggregate liability of Merlin or its suppliers to you for any claims relating to the Website or Merlin’s performance or non-performance under these Terms and Conditions, exceed the greater of: (a) the direct, provable, monetary damages suffered or incurred by you; or (b) $100 (U.S. funds).

You agree to defend, indemnify, and hold harmless Merlin, and its suppliers, officers, directors, employees and agents, from and against any damage, cost, loss, expense, liability, claims, actions or demands resulting from your use of the Website or your breach of these Terms and Conditions.

The Website contains links to other websites. Merlin is not responsible for the content, accuracy or opinions expressed in such linked websites, and such linked websites are not investigated, monitored or checked for accuracy or completeness by Merlin. Inclusion of any links to a website does not imply approval or endorsement of the linked website by Merlin.

These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia without regard to its conflict of laws provisions, and you agree that all legal proceedings related to the matters herein will be submitted to the personal and exclusive jurisdiction of the courts located in Vancouver, British Columbia, Canada.

If any provision of these Terms and Conditions is determined to be unenforceable or invalid, such determination will not affect such provisions in any other respect or any other provision of these Terms and Conditions, which will remain in full force and effect. Merlin’s failure to enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right.

These Terms and Conditions constitute the entire agreement and understanding between the parties with respect to the subject matter herein and supersede and replace any and all prior written or verbal agreements. Headings are used herein only for reference purposes. Merlin and you are independent contractors, and nothing in these Terms and Conditions creates or is intended to create an agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship.

Safe Harbor Statement

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This web site contains "forward-looking statements," including forward-looking statements as that term is defined in the Private Securities Litigation Reform Act of 1995. Statements in this web site, which are not purely historical, are forward-looking statements and include any statements regarding beliefs, plans, expectations or intentions regarding the future. It is important to note that the Merlin Software Technologies International, Inc.'s actual results and outcomes may differ materially from those contained in the forward-looking statements contained in this web site.

Questions Regarding these Statements

If you have any questions or concerns about our privacy statement, and/or the security of our web site please send an email to suggestions@merlinsoftech.com