The materials on this Site are copyrighted and protected by worldwide copyright laws and treaty provisions. You may download one copy of the information ("Materials") found on this Site on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by Xelaration in writing. Except as otherwise provided in this paragraph, no portion of this Site may be distributed or reproduced by any means, or in any form, without Xelaration's prior written permission.
Except where otherwise specified, the contents of this Site are Copyright © Xelaration Storage Corporation. All rights reserved.
Use of Software
The software and accompanying documentation available for download from this Site are the copyrighted work of Xelaration and or third parties. Use of the software is governed by the terms of the end-user license agreement which accompanies such software. If no license agreement accompanies the download, the terms of the license agreement which accompanied the original product being updated will govern. Such software is made available for download solely for use by end-users according to such end-user license agreement. You will not be able or permitted to use, download or install any software unless you agree to the terms of such end-user license agreement.
Use of Site Materials and Information
Except as otherwise indicated on this Site, you may view, print, copy, and distribute documents (but not software) on this Site subject to the following terms and conditions:
If any Xelaration Services require you to open an account, you agree to provide accurate, current and complete information in the Registration form. You will also choose a password and user name. If you provide any information in the Registration form that is false, inaccurate, out of date or incomplete, or a password or user name that contains any inappropriate, profane, defamatory, obscene, or indecent terms, Xelaration may suspend your account and refuse to provide you with any Xelaration Services. You are entirely responsible for any and all activities that occur under your account.
Chat Rooms and Newsgroups
Use of Chat Rooms: As a chat room or newsgroup user ("User"), you are responsible for your own communications and for the consequences of posting those communications. We do not represent or guarantee the truthfulness, accuracy or reliability of any material posted by Users or endorse any opinions expressed by Users. You acknowledge and understand that any reliance on materials posted by other Users will be at your own risk.
In consideration of being allowed to use the chat room or newsgroup services provided by us on this Site, you agree, represent and warrant that you will not: (a) use the services for any purpose in violation of local, state or national laws of any country; (b) post, store or transmit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner; (c) post, store or transmit material that reveals trade secrets, unless you own them or have the permission of the trade secret owner; (d) post, store or transmit material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (e) post, store or transmit material that is obscene, lewd, lascivious, excessively violent, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; (f) post, store or transmit sexually-explicit images; (g) post, store or transmit child pornography; (h) post, store or transmit advertisements or solicitations of business; (i) post, store or transmit chain letters or information relating to pyramid schemes; or (j) impersonate another person or User.
Please remember that any information that is disclosed in the newsgroups and chat room facilities becomes public information. By posting communications, you grant: (a) to us: royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, translate, distribute, perform and display those communications alone or as part of other works in any form, media, or technology, whether now known or hereafter developed; and (b) to other Users: the right to access, view, store and reproduce the communications for personal use.
Submissions, Comments and Feedback
Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information ("Feedback") that you provide to us shall not be regarded as confidential. We have no obligation of any kind with respect to any Feedback. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, we shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.
Linking to Site
Xelaration permits anyone to link to this Site subject to the linker's compliance with the terms and conditions set forth below. A site that links to this Site:
Links to Other Sites
This Site provides links to third-party Web sites, which are not under the control of Xelaration. We make no representations about any other Web site, that you may access through this one. When you access a non-Xelaration Web site please understand that it is independent from us, and that we have no control over the content on that Web site. In addition, a link to a non-Xelaration Web site does not mean that we endorse or accept any responsibility for the content, or the use, of such Web site.
Viruses and Destructive Code
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
Third-party Products and Services
This Site mentions third-party products and services for informational purposes. Xelaration makes no recommendations or endorsements about any third-party products and services. References to third-party services and products are provided by Xelaration "as is", without warranty of any kind, either express or implied.
Disclaimer, Limitation of Liability and Indemnification
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND XELARATION, THE SOFTWARE, DOCUMENTS, FILES AND INFORMATION CONTAINED ON THIS SITE ARE PROVIDED "AS IS", AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED.
XELARATION MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON THIS SITE. ANY QUESTIONS REGARDING THE INFORMATION SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH INFORMATION CONTAINED ON THIS SITE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.
IN NO EVENT WILL XELARATION BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, RELIANCE ON ANY OF THE MATERIALS PRESENTED ON THIS SITE, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, LOSS OF OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHER ECONOMIC ADVANTAGE, EVEN IF XELARATION EXPRESSLY ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD XELARATION HARMLESS FROM, AND YOU COVENANT NOT TO SUE XELARATION FOR, ANY CLAIMS THAT MAY BE ASSERTED, ARISING OUT OF, RELATING TO, OR BASED ON USING THIS SITE OR ANY OF THE SERVICES PROVIDED ON OR MADE ACCESSIBLE BY THIS SITE.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, XELARATION MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
Products and Services Availability
This Site can be accessed from countries around the world and may contain references to Xelaration services, programs, and products that have not been announced in such country. These references do not imply that Xelaration intends to announce such services, programs, or products in such country.
Governing Law and Forum
Xelaration controls and operates this Site from its headquarters located in Canada. We make no representation that this Site or its contents are appropriate and available for use in other locations and accessing them from territories where their content is illegal is prohibited. You may not use or export the contents of this Site in violation of Canada export laws and regulations. If you use this Site from other countries, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of such countries.
Export Control Laws
Software available on this Site is subject to Canadian export controls.