Welcome to Ximeta' World Wide Web site (Site). Please review the following basic rules that govern your use of our Site. Please note that your use of our Site is subject to the following terms (Terms). If you do not agree with any of these Terms, do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the Terms set forth below.
Use of Copyrighted Content/Trademarks
The text, graphics and icons on the Site (Content) are copyrighted materials owned by or licensed to Ximeta. The Content contains trademarks, service marks, and trade names that are owned by Ximeta and its affiliates, and may also contain brand and product names that are trademarks, service marks or trade names that are owned by their respective owners. Any product, process or technology described in the Content may be subject to other intellectual property rights that are expressly reserved by Ximeta, its affiliates, or third parties.
Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy, and print the Content solely for your personal and/or internal business use and not for resale or further distribution, subject to the following conditions:
The Content may be used for the purpose of obtaining information about Ximeta and its products.
Any copy of the Content or portion thereof must include the following copyright notice:
Copyright 2008 Ximeta, Inc. All rights reserved.
Ximeta reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon written notice from Ximeta.
Except as expressly provided above, no permission is granted to you to print, copy, store, display in public, distribute, alter, or modify the Content. No permission is granted to use Ximeta's icons, site address, or other means to hyperlink other Internet sites with any page in this Site. You agree not to "frame" or "mirror" any of the Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Ximeta and/or its licensors, as applicable.
Downloadable Software
Any software drivers (Drivers) on the Site are provided by Ximeta as a service to its customers and single copies and may be downloaded subject to the provisions below. By downloading any Drivers from this site, you agree to these Terms, unless the Drivers are accompanied by a separate download agreement, in which case the terms of that agreement shall control your rights to use the Drivers. If you do not agree to these terms, do not download any Drivers from the Site. Please be aware that the use of these Drivers in any particular system or product may or may not actually work. Because Ximeta does not supply the end-user products, Ximeta cannot be responsible for the performance of the Driver software in any system.
The Drivers are copyrighted and protected by worldwide copyright laws and treaty provisions. Any unauthorized use of any Drivers downloaded from this Site may violate copyright, trademark, and other laws. The Drivers may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Ximeta' prior written permission.
You may download one copy of the object code version of the Drivers found on the Site to a single computer solely for your personal, noncommercial internal use unless specifically licensed to do otherwise by Ximeta in writing or as allowed by any license terms that accompany or are provided with the individual Drivers. This is a license, not a transfer of title, and is subject to the following restrictions: you may not:
Modify the Drivers or use them for any commercial purpose, or any public display, performance, sale, or rental.
Decompile, reverse-engineer, or disassemble the Drivers except and only to the extent permitted by applicable law or unless specifically licensed to do otherwise by Ximeta in writing or as allowed by any license terms that accompany or are provided with individual Drivers.
Remove any copyright or other proprietary notices from the Drivers.
Transfer the Drivers to any other person or entity.
You agree to prevent any unauthorized copying of the Drivers. Ximeta may terminate this license with respect to one or more Drivers at any time if you are in breach of these Terms with respect to the applicable Drivers. Upon termination, you will immediately destroy the Drivers, and certify to Ximeta that you have done so.
Links to Third Party Sites
This Site may be linked to other sites on the World Wide Web or Internet that are not affiliated with, under the control of or otherwise maintained by Ximeta. Such links do not constitute an endorsement by Ximeta of those sites. You acknowledge that Ximeta is providing these links to you only as a convenience, and further agree that Ximeta does not endorse and is not responsible for the content of such sites.
Comments and Feedback
We welcome your comments and feedback (Submission) regarding our Site, products and services. We do not, however, want to receive and do not accept confidential or proprietary ideas, suggestions, materials, or other information. By communicating with Ximeta, you acknowledge that all information contained in any Submission from you or under your account shall be deemed to be nonconfidential. Ximeta shall have no obligation of any kind with respect to any such information in a Submission, and shall be free to reproduce, use, disclose, and distribute such information to others without limitation. This acknowledgement may only be changed by written agreement of Ximeta. Further, Ximeta shall be free to use any ideas, concepts, know-how or techniques contained in any such Submission for any purpose whatsoever, including, but not limited to developing, manufacturing, and marketing products incorporating such information, and in the development or creation of any intellectual property associated therewith.
Disclaimer of Warranties
Although Ximeta endeavors to provide current, accurate, and reliable information on this site, it does not warrant or make any representations regarding the accuracy, reliability, or any use of information on this site. You acknowledge by your use of the site, that you do so at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of this site, and that, to the maximum extent permitted by applicable law, Ximeta and its suppliers shall not be liable for any damages of any kind related to your use of, or inability to use, this site, including without limitation, direct, indirect, special, compensatory, or consequential damages, lost profits, and/or loss of or damage to property, even if Ximeta has been advised of the possibility of such damages.
Ximeta does not warrant that your use of this site, or the operation or function of this site, any component thereof, or any products offered in connection therewith, will be uninterrupted or error-free; or that defects therewith will be corrected; or that this site or its server is free of viruses or other harmful elements. The content, drivers and any other information (Materials) contained on this site are provided as is without any express, implied, or statutory warranty of any kind, including warranties of merchantability, title, noninfringement of third-party rights, or fitness for any particular purpose.
Limitation of Liability
In no event shall Ximeta or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials, even if Ximeta has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Intended Audience
Ximeta controls and operates this Site from its headquarters in the United States of America and makes no representation that the Content is appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies, or other entities located in the United States.
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