Welcome to the xAssets Web site (the "Site"). Through the Site, you have access to content, documents, materials, information, software, products and services (collectively "Content") such as developer tools, software downloads, communication forums and product information. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on the Site ("Terms of Use") and our Privacy Policy. xAssets and/or its affiliated companies ("We" or "xAssets") may revise the Terms of Use and Privacy Policy at any time without notice to you.
Some areas of the Site may have additional rules, guidelines or terms of use posted. If there is a conflict between the Terms of Use and the rules, guidelines or terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
1. Use of Web Site Documents
You may download, view, copy and print documents, including graphics incorporated in the documents, that xAssets publishes on the Site ("Documents") such as white papers, press releases, datasheets and FAQs subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents or other Content from the Site in whole or in part without the express authorization of xAssets.
2. Use of Software
Any software and accompanying documentation you download or access through the Site ("Software") is the copyrighted work of xAssets and/or a third party software provider. Use of the Software is subject to the terms of a software license agreement that accompanies or is included with the Software. Your use, reproduction or redistribution of the Software is prohibited except as expressly provided for in the software license agreement. All rights, title and interest not expressly granted are reserved. Except where expressly provided otherwise, all Software is provided on an "as is" basis, and xAssets expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board, news group, blog, wiki, letter to xAssets, its webmaster or employees, e-mail function, or other service in connection with which you can upload, email, post, publish or otherwise transmit Content. You agree not to upload, email, post, publish, distribute or otherwise transmit through a Forum any Content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not upload, email, post, publish, distribute or otherwise transmit any Content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by xAssets, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting Content to any Forum or submitting any Content to xAssets, you automatically grant (or warrant that the owner of such rights has expressly granted) xAssets a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable right and license to use, reproduce, modify, adapt, publish, transmit and distribute such Content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the Content have been waived.
xAssets has no obligation to monitor Forums or participate in Forums. However, xAssets reserves the right to review Forum Content and remove any Content at its sole discretion.
4. Passwords and Security
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You may not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify xAssets immediately of any unauthorized use of your password(s) or account(s).
xAssets is concerned about the protection of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. For more information, please see xAssets's Privacy Policy.
5. No Unlawful or Prohibited Use
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site. You may not access or use the Site in any manner that could damage, disable, overburden, or impair any xAssets accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Site or any xAssets accounts, computer systems or networks. You may not interfere or attempt to interfere with the proper working of the Site or any xAssets accounts, computer systems or networks. You may not use any robot, spider, scraper or other automated means to access the Site or any xAssets accounts, computer systems or networks without xAssets's express written permission.
6. Termination of Use
You agree that xAssets may, in its sole discretion, at any time terminate your access to the Site, including Forums, and any account(s) you may have in connection with the Site. Access to the Site and activity on the Site may be monitored by xAssets.
7. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to Content from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that xAssets is not responsible for the availability of, and Content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that xAssets is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that xAssets is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that xAssets is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
8. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. xAssets EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. xAssets MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. xAssets SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES.
xAssets RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
9. Limitation of Liability
IN NO EVENT SHALL xAssets BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE.
10. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 8 AND 9, DO NOT APPLY.
11. Indemnity
You agree to defend, indemnify and hold harmless xAssets, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of your access to or use of the Site or Content on the Site, your uploading, emailing, posting, publishing or otherwise transmitting Content to any Forum or submitting any Content to xAssets, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site, or your violation of any rights of another.
12. Privacy Policy
xAssets is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see xAssets's Privacy Policy.
13. Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
14. Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the Content provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of xAssets in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of xAssets outside the U.S. Neither the services of xAssets nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by English law. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a court in England. You and xAssets agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
16. Copyright/Trademark Information
Copyright © 2001-2008, xAssets. All rights reserved.
xAssets is a registered trademark of xAssets and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners.
17. Contact Information
If you have any questions regarding these Terms of Use, please contact xAssets at support@xAssets.com. If you have any other questions, contact information is available at the Contact xAssets page on the Site.