BITLOGIX® Terms of Use - United States

Bitlogix Software LLC ("Bitlogix") maintains this website as a convenience to our customers. By accessing, browsing and/or using this website, you acknowledge that you have read, understood, and agree to be bound by the following terms of use and to comply with all applicable laws and regulations. If you do not agree to these terms, you should not review information or obtain goods or products from this site.

General
The content, information, graphics, design, compilation, products, software, services and all other matters related to this web site ("Materials") are protected by law, including, but not limited to, U.S. copyright law and international treaties. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These terms of use shall be treated as though they were performed in Cross Roads, Texas. Any claim relating to, and the use of, this website and the Materials contained herein, are governed by the laws of the state of Texas, without regard to conflict of law principles and by accessing the Materials you submit to the personal jurisdiction of the State and Federal Courts located in Denton County, Texas, USA. The invalidity or unenforceability of any provision of these terms of use will not affect the validity or enforceability of any other provision of these terms of use. Bitlogix reserves the right to modify or to terminate your use of our site without notice if you fail to comply with any term of these terms of use as we may determine in our sole discretion. Upon termination, you must destroy all Materials and any copies obtained from this website. Your right to use the web site is not transferable. Any password or right given to you to obtain Materials is not transferable. Except as set forth the "Use of Software and Data" Section below, these terms of use contain our entire understanding relating to the use of this website and supersede any prior written or oral agreement or understandings between us with respect to this website, and cannot be changed or terminated except in writing by an authorized representative of Bitlogix.

Nothing on this website is intended to be, nor should be construed as an offer to sell or market securities. When evaluating our Company for any purpose you should take into account that our business and future prospects are subject to significant risks and uncertainties which include, without limitation risks associated with our limited operating history, a general downturn in economic conditions, adverse changes in IT spending trends, failure to expand our customer base, the length and complexity of Bitlogix's sales cycle, changes in the needs and priorities of customers and potential customers, reduced market acceptance of our products and services, the impact of increased competition, failure to manage technological change, dependence on product enhancements, the market acceptance of our new products and web services architecture and strategy, our ability to increase the size and productivity of our direct sales force, our ability to manage costs, our ability to provide a return on investment to our customers, and other risk factors. We caution you not to place undue reliance upon any contents of this website. We cannot guarantee any future operating results, activity, performance or achievement.

Modification
Bitlogix reserves the right in its sole discretion to modify or delete any Material appearing on the website or to terminate this website without notice. Bitlogix may in the future alter or add to these Terms of Use, but cannot guarantee that you will receive notice. Accordingly, you agree to check this part of our site from time to time to see if there has been a change.

Copy and Use Restrictions
This website is owned and operated by Bitlogix, which owns or licenses, or has the right to display, all the Material provided on this web site. Except as stated herein, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Bitlogix or the copyright, trademark and/or servicemark owner. Permission is granted to display, copy, distribute and download the Materials for personal, non-commercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials. Any unauthorized use of any Material contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not use the Materials for conducting unwanted solicitations or communications via e-mail, electronic link, or otherwise, or for disseminating any information that is unlawful, pornographic, libelous.

Use of Software and Data
Any software or code downloaded by you from this website, including, without limitation, any files, images incorporated in or generated by the software, code and data accompanying the software (collectively, the "Software") is licensed to you under terms of Bitlogix's standard license agreement or the specific Terms of Use (whether supplied by Bitlogix or a third party) applicable to any of the Materials (the "License Agreement"). Your rights to use the Software are expressly limited to the terms set forth in the License Agreement or Terms of Use. Access to or downloading of the Software does not in any way transfer title to the Software, or any intellectual property rights contained therein, to you.

Disclaimers
UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS ARE FURNISHED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. BITLOGIX MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU REGARDING THE MATERIALS. BITLOGIX SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. BITLOGIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS WEBSITE OR ANY WEB SITES LINKED TO THIS WEB SITE. IN NO EVENT WILL BITLOGIX BE LIABLE FOR ANY INDIRECT DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, LOSS OF PROPERTY, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE SERVICES PROVIDED, OR THE USE OR INABILITY TO USE ANY OF THE MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF BITLOGIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF BITLOGIX WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS WEB SITE. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification
You hereby agree to indemnify and hold Bitlogix harmless for any and all costs, damages, expenses, liabilities or obligations (including defense costs and attorneys fees) that it may incur as a result of claims asserted against it by any third party that directly or indirectly arise or otherwise relate to your access to and use of the Materials, including without limitation your failure to comply with the terms of this Agreement or any License Agreement.

Export Controls
The Materials may be subject to United States government export restrictions. You understand that none of the Materials or any underlying technology or direct product thereof may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan, (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders, U.S. Treasury Department's list of Specially Designated Nationals or any other U.S. government denied or embargoed party list or (iii) otherwise in violation of any restrictions, laws or regulations of any United States or foreign agency or authority.

U.S Government Restricted Rights
The Materials on thisweb site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations, including, but not limited to, the restrictions provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

Links to Third Party Sites
Bitlogix may provide links to third-party sites. Bitlogix does not control the linked sites and Bitlogix is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Bitlogix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bitlogix of the site. If you decide to leave our website and access these third-party sites, you do so at your own risk.

Copyright & Trademark
The Materials contain copyrighted, trademarked, and/or service marked animations, photographs, images, videos, text, music and sounds. Nothing on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Materials, without the prior written permission of the copyright, trademark and/or service mark owner. Bitlogix will enforce its intellectual property rights to the fullest extent of the law. The name of Bitlogix or the Bitlogix logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this website, without prior written permission. Bitlogix prohibits use of the logo as an electronic link to any Bitlogix site unless establishment of such a link is approved in advanced by Bitlogix in writing.



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