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The following terms and conditions govern your use of
this website (the "Site") of EnQue Corporation ("EnQue"), and any
services contained therein. Unless otherwise noted, all information,
text, articles, data, images, documents, software or other materials
(collectively hereinafter referred to as the "Materials") contained
on any page within this Site are copyrighted by EnQue or a third party
(hereinafter collectively referred to as the "Copyright Holder").
1. Copyrighted Information.
No portion of this Site may be reproduced in any form,
electronic or otherwise, for any purpose,
without prior written permission of EnQue. To the extent that
EnQue is not the copyright owner of some portions of the Site,
EnQue has received permission to include such material in the Site.
Such material belongs to the original copyright owner, and may not be
used for any purpose whatsoever without the prior permission of such owner. This
includes all web sites referenced at the Site that have been developed
by EnQue.
The links on the Site are provided for the use and convenience
of EnQue members and visitors to the site. EnQue has no interest in,
responsibility for, or control over any linked site other than those
developed by EnQue. EnQue makes no promises or
warranties of any kind, express or implied, including those of
merchantability and fitness for a particular purpose, as to the content of
a linked site. In no event shall EnQue be liable for any
damages resulting from use of these links even if EnQue has
been informed of the possibility thereof. EnQue does not endorse,
warrant or guarantee the products or services described or offered at
these other Internet web sites.
2. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE,
INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS,"
AND ENQUE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. ENQUE
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. EnQue does not represent or
warrant that the information accessible via this Site is accurate,
complete or current. This Site could contain typographical errors or
technical inaccuracies. EnQue reserves the right to add to, change or
delete its content or any part thereof without notice. Any price or
availability information is subject to change without notice.
Additionally, this Site may contain information provided by third
parties, which includes, without limitation, the Documents and
Software. EnQue makes no representation or warranty regarding the
accuracy, truth, quality, suitability or reliability of such
information. EnQue is not responsible for any errors, omissions, or
inaccuracies contained in any information provided by such third
parties.
(C) LIMITATION ON LIABILITY. NEITHER ENQUE NOR ANY OF ITS
MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE
LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THIS SITE OR ANY INFORMATION CONTAINED HEREIN, WHICH INCLUDES,
WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY
THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO
PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP
OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL
NOT MAKE ANY CLAIM AGAINST ENQUE FOR LOST DATA, RE-RUN TIME,
INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE
USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS.
COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE
MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS
THEREOF.
3. Links to Third Party Sites.
Any other web sites that are accessible via link on this Site
are not under the control of EnQue except those that EnQue has developed
and manages. EnQue is not responsible for the contents of any linked
site or any link contained in a linked site, or any changes or updates
to the information contained in such sites. EnQue provides the linked
sites to you only as a convenience and the inclusions of any such link
on the Site does not imply EnQue's endorsement of the site, the
organization operating such site, nor any products or services of that
organization. Your linking to any off-site pages or other sites is
entirely at your own risk.
4. Export Restrictions.
You acknowledge and agree that the Materials are subject to the U.S.
Export Administration Laws and Regulations. Diversion of such
Materials contrary to U.S. law is prohibited. You agree that none of
the Materials, nor any direct product therefrom, is being or will be
acquired for, shipped, transferred, or reexported, directly or
indirectly, to proscribed or embargoed countries or their nationals,
unless authorized by the U.S. Government. Proscribed countries are
set forth in the U.S. Export Administration Regulations. You agree
to comply strictly with all U.S. export laws and assume sole
responsibility for obtaining licenses to export or reexport as may
be required.
5. References to Products or Services.
Information published by EnQue on the Site
may contain references or cross references to other products or
services that are not announced or available in your country. Such
references do not imply that EnQue intends to announce such products
or services in your country. Please contact Customer Service for
information regarding the products and services which may be
available to you.
6. User Input.
Unless otherwise
provided in the Terms and Conditions, any communication, material or
feedback with regard to contents on this Site transmitted by a user
of this Site via electronic mail or otherwise, including any data,
questions, or comments regarding the content of any Document or
other information contained on the Site, such information shall be
deemed to be non-confidential and EnQue shall have no obligation of
any kind with respect to such information and shall be free to
reproduce, use, disclose and distribute the information to others
without limitation. Further, EnQue shall be free to use any
ideas, concepts, know-how or techniques contained in such
information for any purpose whatsoever including, without
limitation, publication on the Site, or other EnQue publications, and
developing, manufacturing, and marketing products using such
information. EnQue shall have no obligation to compensate the
contributor of such information in any manner.
7. Governing Law.
Any action related to the Terms and Conditions will be governed by North Carolina
State law and controlling U.S. federal law. No choice of law rules
of any jurisdiction will apply.
8. Complete Agreement.
These Terms and Conditions represent the entire understanding relating to
the use of the Site and prevail over any prior or contemporaneous,
conflicting or additional, communications. EnQue can revise the Terms
and Conditions at any time without notice by updating this
posting.
9. Trademarks.
"ENQUE" is a registered trademark of EnQue Corporation. All other products, company
names or other marks appearing on this Site are the trademarks of their
respective owners. Nothing contained in the Site should be construed
as granting, by implication, estoppel, or otherwise, any license or right
to use any trademark displayed on the Site without prior written permission of
EnQue or other trademark owners.
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