Legal Terms
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Terms of Use
1. Acceptance of Terms of Use for this Website
Welcome to XGI Technology Inc. (XGI) website. Please read these terms of use carefully before using the website. The terms of use for our website also include our Privacy Policy and other supplemental terms and conditions outlined elsewhere on the website (collectively, the "Terms of Use" ). By using this website you indicate your acceptance of these Terms of Use. If you do not accept there Terms of Use, then please do not use this website.

2. Use of the Website
Unless otherwise noted, all information, text, articles, data, images, demo programs, documents, software or any other materials (collectively, "Materials" ) contained on any page within this website are owned by XGI or third parties (collectively, "Holders" ) and are protected by copyright and trademark laws, international treaties, and other intellectual property rights. All rights and titles of the Materials at all times remain with the Holders. Nothing herein shall be construed as granting any license or right to use this website or any Materials except as expressly provided herein.

You may view, download, print and copy Materials on this website solely for your own personal, informational, noncommercial use, or to place an order with XGI or to purchase XGI products, provided that (i) you do not modify the Materials, (ii) any copies that you may make must be marked "Copyright ©2003 XGI Technology, Inc. All rights reserved" and (iii) you retain all copyright and proprietary notices originally contained in the Materials on any copies. You may not use, copy, reproduce, display, post, publish, transmit, distribute, license, or create derivative works from, transfer, or sell any Materials obtained from this website for any other purposes without prior written consent of XGI.

As a condition of your use of this website, you may not use this website on the purpose that is unlawful or prohibited by these Terms of Use, and may not use the website in any manner that could damage, disable, overburden or impair any of our severs, or the networks connected to our severs or website, or interfere with any other party's use of our website. You may not attempt to gain unauthorized access to our website, other accounts, computer systems or networks connected to any our servers or website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Materials through any means not intentionally made available to you.

3. Notice Specific to the Use of Software
Any software that is made available to download from our website is the copyrighted work of XGI and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. Production or redistribution of the software is prohibited except as provided for in the applicable License Agreement.

4. Trademarks
© 2003 XGI Technology, Inc., XGI, the XGI logo, Volari, and Volari Duo are trademarks of XGI Technology, Inc., and are registered in Taiwan, the United States and other countries. BitFluent, BroadBahn, Cipher, ColorAmp, ControlDeck, Intelli-Vision, Reactor, and Trushader are trademarks of XGI Technology, Inc. All other trademarks shown on our website are properties of their respective owners. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise any license or right to use any trademarks displayed on this website without prior written consent of XGI or other trademarks owners.

5. Privacy Policy and Supplemental Terms
Our Privacy Policy and Supplemental Terms form a part of the Terms of Use. They also contain additional and different terms, including without limitation regarding the collection, use and sharing of personal information provided in connection with the use of this website. Please read them carefully before using such services.

6. User Input
XGI does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to XGI will be deemed NOT to be confidential. By sending XGI any information or material, you grant XGI an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that XGI is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, any personal identifying information we may collect from you are subject to the treatments as provided in our Privacy Policy.

7. Disclaimer and Limitation on Liability
(1)DISCLAIMER. THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. XGI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XGI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

(2)LIMITATION ON LIABILITIES. IN NO EVENT SHALL XGI OR ANY OF ITS DIRECTORS, OFFICERS, EMPOLYEES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF XGI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE OR ANY OTHER THIRD-PARTY WEBSITES TO THE EXTENT PERMITTED BY APPLICABLE LAWS.

8. Third Party Links
In order to provide increased value of our visitors, this website may contain links to other websites on the internet that are owned and operated by third parties ( "Third-Party Websites" ) which are not a part of this website. Links to Third-Party Websites are provided solely as a convenience to you. If you use these links, you will leave this website. XGI has not reviewed all of these Third-Party Websites and does not control and is not responsible for any of these Third-Party Websites or their content. XGI does not endorse or make any representations or warranties about them.

9. Indemnification
You agree to defend, indemnify, and hold harmless XGI, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from the breach of this Terms of Use, including without limitation the Privacy Policy and Supplemental Terms, or any unlawful use of this website, by you or any other person accessing this website using your internet account.

10. Website Changes
Materials on this website may be changed or updated by XGI without notice. XGI may also make improvements and/or changes in the products, product specifications and/ or programs described in this website at any time without notice. All the Materials contained herein do not and will not form any binding obligation of XGI.

11. Complete Agreement; Modification of the Terms of Use
The Terms of Use represent the entire understanding relating to the use of our website and prevail over any prior or contemporaneous, conflicting or additional communications. XGI reserves the right to change the Term of Use under which this website is offered by posting the revised Terms of Use on the website. You are responsible for regularly reviewing these Terms of Use. Any use of this website after such posting shall be deemed to constitute acceptance of the revised Terms of Use by you.

12. Terms and Termination
These Terms of Use are applicable to you upon your using our website. You agree that XGI may terminate this agreement at any time. Upon termination, you agree to cease all use of this website. Without limiting the foregoing, XGI shall have the right to immediately terminate your access and use of the website, or any portion of the website, in the event of any conduct by you or through your account which XGI, in its sole discretion, considers to be unacceptable, or in the event of any breach of the Terms of Use or in violation of the laws and regulations by you. The provisions of Section 3, 4, 6, 7, 8, 9, 12 and13 shall survive any termination of this agreement.

13. Governing Law and Jurisdiction
Your use of this website shall be governed in all respects by the laws of the Republic of China without regard to the conflict of law provision. You agree that the exclusive jurisdiction over any legal proceeding directly or indirectly arising out of or relating to the use of this website shall be the Taipei District Court of the Republic of China.
 
 
 
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