Welcome to the website (the "website") of Xunis.
On this website, Xunis makes available to you a wide range of information,
products, files, text, graphics, publications, content, tools, and
services.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By accessing and using this website in any way, including, without
limitation, browsing the website, using any information, using any
content, using any services, downloading any materials, and/or placing
an order for products or services, you agree to and are bound by
the terms of use described in this document ("Terms of Use").
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED
IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The
Terms of Use are entered into by and between Xunis and you. If you
are using the website on behalf of your employer, you represent
that you are authorized to accept these Terms of Use on your employer's
behalf.
Xunis reserves the right, at Xunis's sole discretion, to change,
modify, update, add, or remove portions of the Terms of Use at any
time without notice to you. Please check these Terms of Use for
changes. Your continued use of this website following the posting
of changes to the Terms of Use will mean you accept those changes.
Use of Materials Limitations All materials contained in the website
are the copyrighted property of Xunis, its subsidiaries, affiliated
companies and/or third-party licensors. All trademarks, service
marks, and trade names are proprietary to Xunis, or its subsidiaries
or affiliated companies and/or third-part licensors. Unless otherwise
specified, the materials and services on this website are for your
personal and non-commercial use, and you may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software,
products or services obtained from the website without the written
permission from Xunis. Advertisements and Promotions Xunis may run
advertisements and promotions from third parties on the website.
The manner, mode and extent of advertising by Xunis is subject to
change. Your correspondence or business dealings with, or participation
in promotions of, advertisers other than Xunis found on or through
the website, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser.
Xunis is not responsible or liable for any loss or damage of any
kind incurred as the result of any such dealings or as the result
of the presence of such non-Xunis advertisers on the website.
Disclaimers and Other Notices on the User of the Website EXCEPT
AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION,
MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS"
WITHOUT WARRANTY OF ANY KIND AND XUNIS HEREBY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, XUNIS DISCLAIMS
ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN
NO EVENT SHALL XUNIS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE
OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING
THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE,
MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS
AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. XUNIS ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY
FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS,
PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE. XUNIS MAY
MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS,
PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS
AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME
AND WITHOUT NOTICE. THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE
DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES
TO XUNIS PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED
OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT
XUNIS INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN
YOUR COUNTRY. CONSULT YOUR LOCAL XUNIS BUSINESS CONTACT FOR INFORMATION
REGARDING THE PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE
TO YOU. THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE
NOT UNDER THE CONTROL OF XUNIS AND XUNIS IS NOT RESPONSIBLE FOR
THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED
SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. XUNIS IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY
LINKED SITE. XUNIS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT XUNIS ENDORSES
OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY
SITES.
General Information The Terms of Use constitute the entire agreement
between you and Xunis and govern your use of the website, superseding
any prior agreements between you and Xunis on the subject matter
(including, but not limited to, any prior versions of the Terms
of Use). Notwithstanding the prior provision, to the extent, and
only to the extent, that any terms set forth in this Terms of Use
expressly contradicts any terms of a prior written agreement between
you and Xunis in effect as of the date of your use of the website
and specifically regarding your use of the website ("Executed
Agreement"), such contradictory terms set forth in the Executed
Agreement shall govern. You also may be subject to additional terms
and conditions that may apply when you use other Xunis services,
third-party content or third-party software. You must not assign
or otherwise transfer the Terms of Use nor any right granted hereunder.
California law and controlling U.S. federal law govern any action
related to the Terms of Use, without regard to the principles of
choice of law. The parties specifically disclaim the U.N. Convention
on Contracts for the International Sale of Goods. Xunis controls
and operates this website from its headquarters in various locations
in the United States of America and makes no representation that
this website is appropriate or available for use in other locations.
If you use this website from other locations, you are responsible
for compliance with applicable local laws including but not limited
to the export and import regulations of other countries. You acknowledge
and agree that material on this website is subject to the U.S. Export
Administration Laws and Regulations. Diversion of such material
contrary to U.S. law is prohibited. You agree that none of the material
on this website, nor any direct product therefrom, is being or will
be acquired for, shipped, transferred, or re-exported, directly
or indirectly, to proscribed or embargoed countries or their nationals,
nor be used for nuclear activities, chemical biological weapons,
or missile projects unless authorized by the U.S. Government. Proscribed
countries are set forth in the U.S. Export Administration Regulations.
Countries subject to U.S. embargo are: Cuba, Iran, Libya, North
Korea, Syria, and Sudan. This list is subject to change without
further notice from Xunis, and you must comply with the list as
it exists in fact. You certify that you are not on the U.S. Department
of Commerce's Denied Persons List or affiliated lists or on the
U.S. Department of Treasury's Specially Designated Nationals List.
You agree to comply strictly with all U.S. export laws and assume
sole responsibility for obtaining licenses to export or re-export
as may be required. The failure of Xunis to exercise or enforce
any right or provision of the Terms of Use does not constitute a
waiver of such right or provision. If a court of competent jurisdiction
finds any provision of the Terms of Use to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the Terms of Use remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the website or the
Terms of Use must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section titles
in the Terms of Use are for convenience only and have no legal or
contractual effect.
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