|
PLEASE READ THESE TERMS CAREFULLY BEFORE
USING THIS SITE.
The materials
on this web site (the " Web Site") are provided
by Xcelera Inc. ("Xcelera") as a service to its
customers and may be used for informational purposes only.
No portion
of this service may be reproduced in any form, or by any
means, without prior written permission from Xcelera Inc.
By downloading any materials from this site, you agree to
these terms. If you do not agree to them, do not use the
site or download any materials from it.
All contents copyright © 2004
Xcelera Inc. All rights reserved. 1. Rules
and Regulations. The following rules and regulations apply to all visitors
to or users of this Web Site. By accessing this Web Site, user acknowledges
acceptance
of these terms and conditions. Xcelera Inc. ("Xcelera") reserves
the right to change these rules and regulations from time to time at its
sole discretion.
In the case of any violation of these rules and regulations, Xcelera reserves
the right to seek all remedies available by law and in equity for such
violations. These rules and regulations apply to all visits to the Xcelera
Web Site,
both now and in the future.
2. Limited License. You may download one copy
of the information or software ("Materials") found on Xcelera
the Web Site on a single computer for your personal, non-commercial internal
use only unless specifically licensed
to do otherwise by Xcelera in writing. This is a license, not a transfer
of title,
and is subject to the following restrictions: you may not: (a) modify
the Materials or use them for any commercial purpose, or any public display,
performance,
sale or rental; (b) decompile, reverse engineer, or disassemble software
Materials except and only to the extent permitted by applicable law;
(c)
remove any copyright
or other proprietary notices from the Materials; (d) transfer the Materials
to
another person. You agree to prevent any unauthorized copying of the
Materials.
Materials are copyrighted and are protected by worldwide copyright
laws and treaty provisions. They may not be copied, reproduced, modified,
published, uploaded,
posted, transmitted, or distributed in any way, without Xcelera's prior
written
permission. Except as expressly provided herein, Xcelera and its suppliers
do not grant any express or implied right to you under any patents,
copyrights, trademarks, or trade secret information. Other rights
may be granted
to you by
Xcelera in writing or incorporated elsewhere in the Materials.
No other
use of the information is authorized. In consideration of this
authorization, you agree that any copy of these materials which
you make
shall retain all
copyright and other proprietary notices in the same form and manner
as on the original.
Except as specified above, nothing contained herein shall be construed
as conferring by implication, estoppel or otherwise any license or
right under
any patent,
trademark or copyright of Xcelera or any third party. Xcelera may
terminate this license at any time if you are in breach of the
terms of this
Agreement. Upon
termination, you will immediately destroy the Materials.
ALL CONTENTS
ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY
PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE
MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN
PERMISSION
FROM XCELERA.
VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH,
TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS
SITE FOR ANY
PUBLIC
OR COMMERCIAL PURPOSES.
3. Compliance With Applicable Laws. Xcelera
makes no representation that Materials in the site are appropriate
or available for use
in other locations,
and access
to them from territories where their content is illegal is prohibited.
Those who choose to access this site from other locations do
so on their own initiative
and are responsible for compliance with applicable local laws.
You may not use or export the Materials in violation of applicable
laws
and regulations.
4. Trademarks. The trademarks, logos and service
marks ("Marks") displayed
on this Web Site are the property of Xcelera or other third
parties. "Xcelera" is
a trademark of Xcelera Inc. The Xcelera logo, and the Xcelera
Inside logo are trademarks of Xcelera with all rights reserved.
All other Marks are the property
of the third party referenced. Users are not permitted to use
these Marks without the prior written consent of Xcelera or
such third party which may own the
Mark.
5. General Disclaimer. Although Xcelera has attempted
to provide accurate information on the Web Site, Xcelera
assumes no responsibility
for
the accuracy of the information.
Xcelera may change the programs or products mentioned at
any time without notice. Mention of non-Xcelera products or services
is
for information
purposes only
and constitutes neither an endorsement nor a recommendation.
You should visit this page from time to time to review the
then-current terms
because they
are binding on you. Certain provisions of these terms may
be
superseded
by expressly
designated legal notices or terms located on particular pages
at this Site.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS
PROVIDED "AS IS" WITH
ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED. XCELERA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES,
EXPRESSED OR IMPLIED INCLUDING,
WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT
OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
XCELERA AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL,
OR INCIDENTAL
DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA
ARISING OUT
OF THE USE OR INABILITY TO USE THIS
SITE OR ANY XCELERA PRODUCT, DAMAGES RESULTING FROM USE
OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF XCELERA
OR ITS
SUPPLIERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
6. Disclosure; Forward-Looking
Statements. Some of the information on this Web Site may
contain projections or
other forward-looking
statements regarding
future
events or the future financial performance of the Company.
In some cases
you can identify forward-looking statements by terminology
-- for instance, including
without limitation, words such as "may", "will", "plan", "anticipate", "believe", "expect", "hope", "should", "estimate",
and "predict" generally indicate forward-looking
statements. We wish to caution you that these statements
are only predictions and that actual events
or results may differ materially. There are many important
factors that could cause the actual results to differ
materially from those contained in our projections
or forward-looking statements, including, among others,
potential fluctuations in quarterly results, dependence
on new product development; rapid technological
and market change, acquisition strategy, manufacturing
risks, risks associated with Internet infrastructure,
volatility of stock price, financial risk management,
and future growth subject to risks.
7. Links to Third
Party Sites. This Web Site may contain
links to third party sites. Access to any other Internet
site linked
to this
Web Site
is at the
user's own risk and Xcelera is not responsible for
the accuracy or reliability of any
information, data, opinions, advice or statements made
on these sites. The linked sites are not under the
control of
Xcelera
and Xcelera
is not responsible
for
the content of any linked site or any link contained
in a linked site. Xcelera reserves the right to terminate
any
link or linking
program
at any time.
Xcelera provides these links merely as a convenience
and
the inclusion of such links
does not imply an endorsement.
|