Legal

Welcome to the NetXen website. Please review the following terms and conditions concerning your use of the website. By accessing, using or downloading any information and/or materials from the website, you agree to follow and be bound by these terms and conditions (the "Terms"). If you do not agree with these terms, please do not use this website. This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

NetXen hereby authorizes you to copy material published by NetXen on the public portions of this website for use within your organization solely for non-commercial, personal and informational use. You agree not to copy or post on any networked computer, broadcast in any media, or use for commercial gain any materials or modify any materials from this website in any way. You agree to expressly identify NetXen as the copyright holder for any material or information that you copy from this website. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed materials.

Nothing contained in this website will be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of NetXen or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any NetXen copyright. Any product, process, or technology in this website may be the subject of other intellectual property rights reserved by NetXen and is not licensed hereunder.

This website may be changed or updated without notice. NetXen may also make improvements and/or changes in the products, services and/or the programs described in this website at any time without notice. The information and materials on this website does not represent a commitment on the part of NetXen in the future. NetXen reserves any rights not expressly granted in this website.

Data Security
Any feedback, information or materials submitted to NetXen through or in association with this website ("Submissions") shall be considered confidential by NetXen. NetXen is committed to ensuring the protection of individual user information. We have implemented security measures to protect individual user information collected on our website. However, the Internet is an open system and we cannot and do not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted.

Links to Third-Party Sites
This website contains links to websites owned and/or controlled by parties other than NetXen. NetXen does not endorse or accept any responsibility for the use or content of any other website, which you may access through this one. NetXen is providing these links to you only as a convenience. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses and other items of a destructive nature.

Warranties and Disclaimers
THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE MAY BE OUT OF DATE OR INCLUDE OMMISSIONS AND/OR TECHNICAL INACCURACIES OR OTHER ERRORS. ALL INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NetXen HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS INFORMATION AND MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability
IN NO EVENT WILL NetXen BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED IN IT, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, BUSINESS INTERRUPTION, LOSS OF USE OF PROGRAMS, COMPUTERS OR OTHER DATA ON YOUR COMPUTERS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO HOLD NetXen HARMLESS FROM AND NOT TO SUE NetXen FOR ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEBSITE.

Governing Law and Jurisdiction
All matters relating to your access to, or use of, this website shall be governed by U.S. federal law and/or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, this website shall be instituted in a state or federal court. You and NetXen agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. You may not access, download, use or export any materials, information, software, products or services contained on this website in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

Trademark Information
NetXen, the NetXen logo, Agile Datacenter, and Intelligent NIC^® are trademarks of NetXen, Inc. All other company and product names mentioned are the trademarks or registered trademarks of their respective companies.
© Copyright 2006, NetXen, Inc.

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