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Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Celletra Ltd. ("Celletra") reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates.

1. COPYRIGHTS AND RESTRICTIONS

This site is controlled and operated by Celletra. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by Celletra or by other parties that have licensed their material to Celletra. Material from this web site or from any other web site owned, operated, licensed or controlled by Celletra ("Celletra's Web Sites") may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Celletra's prior written consent.

2. TRADEMARKS

The trademarks and logos displayed on this site are the property of Celletra or third parties. You are not permitted to use any of these trademarks without the prior written or electronic consent of Celletra or the third party owner. Celletra, XMS, XMS-Gateway, XMS-PostScript and XMS-Locality are all trademarks of Celletra Ltd.

3. PRIVACY/SECURITY

a. Celletra is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to its sites. However, certain non-personal information of visitors is recorded by the standard operation of Celletra's servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor, the type of operating system in use by the visitor and the domain name of the visitor's Internet service provider. By having this information, web pages optimized for a particular visitor's computer is automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to Celletra only when voluntarily submitted. Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters is retained by Celletra and not sold or otherwise transferred outside the company. This information is used to better understand visitors' use of our sites and to support transactions made on the sites. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving corporate information or being notified of product releases and updates. Each e-mail newsletter always contains instruction on how to discontinue receipt of the newsletter.
b. The Celletra web site may place a "cookie" in the browser files of an Celletra user's computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable Celletra to relate a user's use of a Celletra site to information that the user has specifically and knowingly provided. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, telephone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. To the extent that any of our sites accessible through Celletra has additional practices, these practices will be explained at that site.
c. Users understand that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. Celletra makes no warranties of any kind, express, implied, or statutory concerning the data or information available through the network.

4. LINKED SITES

At certain places on this site, live 'links' to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by individuals, institutions, or organizations independent of Celletra. Accordingly, Celletra does not endorse, approve, certify, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficiency, timeliness, or correct sequencing of information located at such addresses. Use of any information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficiency and timeliness. Reference herein to any specific commercial product, process, or service by trade name, trade mark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by Celletra.

5. DISCLAIMER

The materials on Celletra's Web Site are provided "as is" and without warranties of any kind either expresses or implied. To the fullest extent permissible pursuant to applicable law, Celletra disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Celletra does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Celletra's Web Sites or the server that makes them available are free of viruses or other harmful components. Celletra does not warrant or make any representations regarding the use or the results of the use of the materials on Celletra's Web Site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Celletra) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read on Celletra's Web Site is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Developer forums, or other forums conducted on this site ("Forums") are not necessarily those of Celletra or its affiliated or related entities or content providers and Celletra makes no representations or warranties regarding that information or those opinions. Furthermore, neither Celletra nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in Celletra's Web Site.

6. SUBMISSIONS

a. You agree to grant to Celletra a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the site (such as bulletin boards, forums and newsgroups) or by e-mail all means and in any media now known or hereafter developed. When you submit material to Celletra's Web Site, you agree that Celletra has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
b. Celletra is not responsible for any material posted on our Forums. You shall not submit or otherwise publish through such Forums any content which: i. libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; ii. Infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trade marks; iii. Violates any law; iv. Advocates illegal activity; or v. advertises or otherwise solicits funds or is a solicitation for goods or services; (collectively "Non-Approved Material").
c. You agree to indemnify Celletra and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable lawyer's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.

7. E-MAIL AND POSTINGS RECEIVED

Do not post any threatening or libelous e-mails or material on this site that would be considered a violation of any law. Celletra will fully co-operate with any law enforcement authorities or court order requesting or directing Celletra to disclose the identity of anyone posting any such e-mails or materials.

8. DOWNLOADED SOFTWARE SUBJECT TO LICENSE TERMS

Any software that is made available to download from this site is the copyrighted work of Celletra and/or its affiliates or suppliers. Use of the software is governed by the terms of the License Agreement which accompanies or is included in the software. A user cannot install any software unless such user first agrees to the terms of the License Agreement.

9. JURISDICTIONAL ISSUES

a. This site is controlled and operated by Celletra. Celletra makes no representation that materials on the website are appropriate or available for use in locations outside of the United States. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
b. This agreement shall be governed by, construed and enforced in accordance with the laws of the United States, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or Celletra bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the courts in the United States, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed separate from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Celletra.

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