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Terms of Use

Terms of Use

Your use of the XAP Corporate Site is expressly conditioned on your acceptance of and agreement to the following Terms of Use Agreement (the "Agreement").

This Agreement sets forth the terms and conditions that apply to your use of the XAP Corporate Site. In addition, when using specific services, you agree to abide by any guidelines or rules posted in connection with such services, all of which are hereby incorporated by reference into this Agreement. If you do not agree with any part of this Agreement or with any posted guidelines or rules, or, you are not authorized to use the XAP Corporate Site, you must refrain from using this site.

The XAP Corporate Site reserves the right to modify this Agreement at any time. Your continued use of this site following the posting of any change to this Agreement means that you accept and agree to abide by the Agreement as so changed. If you do not comply with this Agreement at all times when using this site, XAP Corporation ("XAP", the owner and operator of the XAP Corporate Site) reserves the right to restrict or deny your access to this site.

The terms and condition of this Agreement shall apply regardless of the means by which you access the XAP Corporate Site including, but not limited to, through the URL address, electronic mail or links from other sites.

  1. XAP Trademarks

    XAP is a registered trademark of XAP Corporation. Reg. U.S. Pat. & TM Off. All other trademarks, product names, company names and logos appearing in the XAP Corporate Site are the property of their respective owners.

  2. XAP Copyrights

    All the XAP Corporate Site editorial content including, but not limited to, graphics, website design, text and the selection and arrangement thereof, and any software supporting this site are protected by Copyright © XAP Corporation. All Rights Reserved. XAP is a registered trademark of XAP Corporation. Reg. U.S. Pat. & TM Off. All Rights Reserved. Such editorial content is protected by United States copyright and international treaties and may not be copied without the express prior written permission of XAP, which reserves all rights including the right to deny a request to copy content found on XAP websites. Use of any of XAP's editorial content online for any purpose whatsoever without written permission from XAP is strictly prohibited.

    The editorial content of the XAP Corporate Site is available for informational and noncommercial uses offline only; provided, however, that permission is granted to copy electronically and print in hard copy portions of the XAP Corporate Site for the sole purpose of using this site as a resource. The editorial content shall not be modified in any way, and all copyright and other notices on any screen shall be retained. The HTML code and any other computer code used to generate this site are protected by copyright and any copying or adapting of such code is strictly prohibited.

  3. Disclaimer

    You may use this site and its contents only at your own and sole risk. XAP is providing this site and its contents on an "as is" and "as available" basis and makes no representations or warranties of any kind, whether express or implied, with respect to this site or its contents. XAP disclaims all representations and warranties regarding the XAP Corporate Site and its contents including, but not limited to, warranties of title, implied warranties of merchantability, fitness for a particular purpose and noninfringement, and any other implied warranties arising out of course of performance, dealing or trade usage. In addition, XAP does not represent or warrant that the information accessible via this site is accurate, complete, or current. Information is subject to change without notice. Further, XAP does not warrant that the functions presented on the XAP Corporate Site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful elements. You assume the entire cost of all necessary servicing, repair, or correction of your computer and associated equipment. No advice or information, whether written or otherwise, obtained by you through the XAP Corporate Site, any other website operated by XAP or any service accessed through any such website shall create any warranty not expressly stated in these Terms of Use.

    Applicable law in certain jurisdictions may not allow the exclusion of certain implied warranties, so some of the above limitations may not apply to you.

  4. Indemnification

    You agree to indemnify and hold harmless, and at XAP's request, defend XAP and its agents, employees, directors and officers (collectively the "Indemnitees") from and against any and all liabilities, losses, costs and expenses (including reasonable attorneys' fees and costs, hereinafter referred to as "Losses") incurred by such Indemnitees insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to your unauthorized or improper use of the XAP Corporate Site, your misrepresentation of any information provided through the XAP Corporate Site or your breach of this Agreement.

  5. Limitation of Liability

    Under no circumstances and in no event shall XAP and those providing information or content to the XAP Corporate Site, and their respective agents, employees, directors, officers and licensors (collectively "XAP Parties"), be liable, regardless of the cause or duration, for any errors, omissions or other defects in the information contained within the XAP Corporate Site, for any delay or interruption in the transmission thereof to you, for any malfunction of any service offered on the XAP Corporate Site, or for any claims or losses arising therefrom or occasioned thereby. Under no circumstances and in no event shall XAP Parties be liable for any direct, indirect, incidental, special consequential, punitive, or exemplary damages arising out of or relating to your use of, or inability to use, the XAP Corporate Site.

    Any dealings with advertisers on XAP sites or participation in promotions, including the delivery and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. XAP shall not be responsible or liable for any part of such dealings or promotions.

  6. Jurisdiction

    This website is operated by XAP from its facilities located within the State of California, United States of America. XAP makes no representation that content on the website is appropriate or available for use in locations outside the United States of America. Those who choose to access this site from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

    This Terms of Use Agreement shall be governed by and construed in accordance with the laws of the United States of America and the laws of the State of California applicable to transactions taking place wholly within said state. By using this site you hereby consent to the exclusive personal jurisdiction and venue of the Federal Courts of the State of California, United States of America or the State Courts located in California.