Xelaration - Software Engineering and Robotics
Legal

Legal Notice

Terms of Use

Xelaration Software Corporation ("Xelaration") makes information available on this Web site (this "Site"), subject to the following Terms of Use ("Terms"). By accessing this Site, you agree to these Terms. If you do not agree to all of these Terms, do not use this Site. Xelaration reserves the right to change these Terms at any time without notice. Xelaration reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved by Xelaration. These Terms represent the entire understanding relating to the use of this Site and supersede any prior or contemporaneous, conflicting or additional communications.

Copyright

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.

Copyright Notice

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:

  • (a) The documents may be used solely for informational, personal, non-commercial purposes; (b) any copy of the documents or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original; (c) the documents may not be modified in any way; and (d) Xelaration reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from Xelaration.
  • Documents specified above do not include the layout or design of this Site. Elements of this Site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part.
  • Documents specified above do not include logos, graphics, sounds or images on this Site, which may be reproduced or distributed only when expressly permitted by Xelaration.

Member Account

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.

Content Policy: We do not screen communications in advance and are not responsible for screening or monitoring material posted by Users. If notified by a User of communications that allegedly do not conform to these terms of use, we may investigate the allegation and determine in our sole discretion whether to remove, block or disable access to the communication. We also reserve the right, but do not undertake the affirmative obligation, to do so on our own initiative if we discover any such communications. We have no liability or responsibility to Users for performance or nonperformance of such activities. Furthermore, we reserve the right to terminate the access rights of Users and prevent their further access to the newsgroups and chat room facilities for violating our terms of use or any applicable law, and reserve the right to remove communications that, in our sole discretion, are abusive, harassing, disruptive, infringing, obscene, lewd, lascivious, excessively violent, illegal or otherwise objectionable.

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:

  • May link to, but not replicate, content contained in this Site;
  • Must not create a frames or border environment or browser around content contained in this Site;
  • Must not present misleading or false information about Xelaration's services or products;
  • Must not misrepresent Xelaration's relationship with the linker;
  • Must not imply that Xelaration is endorsing or sponsoring the linker or the linker's services or products;
  • Must not use Xelaration's logos or trade dress without prior written permission from Xelaration;
  • Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
  • Must not contain materials that would violate any laws;
  • Must agree that the link may be removed at any time upon Xelaration's request pursuant to Xelaration's reserved rights to rescind its consent to allow the link.

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.

General

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

The terms of use set forth in these Legal Notices and any claims relating thereto shall be governed and construed in accordance with the laws of Canada, without giving effect to the conflict of laws provisions thereof or of any other jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Canada, with respect to any claims arising out of or relating to the terms of use set forth in these Legal Notices or your use of this Site.

International Use

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.

Registrant Removal

In the event that we determine, in our sole discretion, that you have breached any of our terms of use, or have otherwise demonstrated conduct inappropriate for our community, we reserve the right to, with or without notice, (a) delete any or all content provided by you or your agent(s) to this Site; (b) terminate your access to this Site; (c) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (d) take any other action which we, in our sole discretion, deem to be appropriate.