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Terms of Use

CONDITIONS OF USE AGREEMENT

YOUR USE OF THIS WEB SITE IS CONDITIONED ON YOUR AGREEMENT TO THE FOLLOWING TERMS, SO PLEASE READ THEM CAREFULLY AND DO NOT USE THIS WEB SITE UNLESS YOU AGREE TO EACH OF THEM.

This Web site (the "Site") is owned and operated by Metabyte, Inc. ("METABYTE") By accessing and using this Site, you, as an individual and on behalf of any business and/or other entities for whom you access and use this Site, (collectively referred to as the "User") agree to be bound by all of the terms, conditions and notices contained in this Conditions of Use Agreement (the "Agreement"). User understands and agrees that his or her use of the Site indicates assent and agreement to the terms and conditions stated herein. If User does not agree to all the terms, conditions, and notices contained in the Agreement, User may not use this Site or any information contained on this Site.

METABYTE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY FOR ANY PURPOSE OF ANY OF THE ELEMENTS OF THE SITE, CONTENT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO INFORMATION, DATA, DOCUMENTS, GRAPHICS AND SOFTWARE (the "SITE MATERIALS"). ALL SUCH SITE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE SITE MATERIALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. METABYTE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. USER (AND NOT METABYTE) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. METABYTE DOES NOT WARRANT THAT USE OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, METABYTE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT WILL METABYTE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND/OR LOST DATA ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR THE SITE MATERIALS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, BREACH OF STATUE AND/OR ANY OTHER LEGAL THEORIES OF LIABILITY, EVEN IF METABYTE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

USER ASSUMES ALL RISK, KNOWN AND UNKNOWN, INCIDENT TO HIS OR HER USE OF THIS SITE AND METABYTE WILL HAVE NO LIABILITY TO THE RECEIVING PARTY UNDER CONTRACT, TORT OR OTHER LAW OF ANY JURISDICTION ARISING OUT OF SUCH USE. IN NO EVENT WILL METABYTE BE LIABLE OR OBLIGATED IN ANY MANNER TO THE USER OR OTHERS FOR ANY AMOUNT IN EXCESS OF ONE DOLLAR ($1.00 U.S.), INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, AND ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE. THIS SECTION ALLOCATES THE RISKS BETWEEN THE PARTIES AND WILL BE EFFECTIVE NOTWITHSTANDING THE FAILURE OF PURPOSE OF ANY ESSENTIAL AND/OR OTHER REMEDIES HEREIN.

BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER.

All contents of this Site are subject to and protected by: Copyright © 2005 Metabyte, Inc. All rights reserved. This Site is for the User's personal, noncommercial use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any Site Materials, except that User may view the Site content in its present form and user may download on any single computer one (1) copy of the Site Materials for personal, noncommercial home use, provided User keeps intact all copyright and other proprietary notices. The use of Site Materials on any other Web site or networked computer environment is prohibited. User recognizes that unauthorized use of Site content may subject user to criminal liability under the Computer Fraud and Abuse Act.

If User sends creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Information"), the Information will be deemed, and will remain the sole property of METABYTE. None of the Information will be subject to any obligation of confidence on the part of METABYTE, and METABYTE will not be liable for any use or disclosure of any Information. Without limitation of the foregoing, METABYTE will exclusively own all now known or hereafter existing rights to the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. User will not send any Information to Metabyte in which he or she wishes to retain any rights whatsoever and/or with respect to which he or she wishes to receive any fixed, contingent and/or other payment, royalty or other value of any kind. METABYTE and its logo, service marks, trademarks, and/or trade dress are owned exclusively by METABYTE. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

This Agreement is governed by the laws of the State of California, U.S.A. without giving effect to any principles of conflicts of law. User consents to the exclusive jurisdiction and venue of courts in the County of Alameda, State of California, U.S.A. in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. Users who use this Site outside of California do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision will be deemed modified to delete any invalid portions and will, as so modified, remain a part of this Agreement and will not affect the validity and enforceability of the remaining provisions.

Prior to setting up a hypertext link to this Site, please contact METABYTE's Webmaster at webmaster@metabyte.com for permission. METABYTE's trademark and/or design or logo may not be utilized in the icon establishing a link without express permission from METABYTE. User may not incorporate in either a piecemeal or wholesale fashion, through the use of framing or any other method, the Site Materials into another Web site in any manner whatsoever.

If User clicks on a link on this Site, User will leave this Site. The linked sites are not under the control of METABYTE and METABYTE is not responsible for the contents of any linked site or any link contained in a linked site. METABYTE is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by METABYTE of the linked site(s). Any linking by User is at his or her own risk.

User understands that misuse or abuse of METABYTE's Site may result in User being denied access to METABYTE's Site. METABYTE reserves the right to deny User access to its Site for any reason. This Agreement is effective until terminated by either party. User may terminate this Agreement at any time by destroying all materials obtained from METABYTE's Site and all related documentation and all copies and installation thereof, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from METABYTE if in METABYTE's sole discretion User fails to comply with any term or provision of this Agreement. Upon termination, User must destroy all Site Materials and all copies thereof, whether made under the terms of this Agreement or otherwise.

METABYTE reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this Site following any such changes will constitute User's acceptance of such changes.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. This Agreement is the entire agreement of METABYTE and User with respect to all of the matters stated or referenced herein and may not be modified except by a written document executed by an officer of METABYTE and User. All rights not expressly granted herein are reserved by METABYTE.




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