Terms of Use

This Terms of Use Agreement ("Agreement") governs your access and use of the NetEffect, Inc. ("NetEffect") Web Site located at www.neteffect.com (the "Site"). By accessing, browsing, and using this Site, you agree that you have read, understood, and accept this Agreement. Please read it very carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Site.

Use of this Site

You may only use this Site for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using or enjoying the Site. The Site may contain links to other Internet sites and third-party resources. NetEffect is not responsible for either the availability of these outside resources or their content. NetEffect may, but is not obligated to, monitor your use of the Site. As part of your use of the Site, you may provide registration information to NetEffect. You warrant that all such registration information is accurate and truthful, and you agree to update such information as necessary. You may also be asked to choose or be assigned a user name and password. You are responsible for maintaining the confidentiality of such information.

Intellectual Property

The content of this Site is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Site solely for your own personal, non-commercial use, provided that none of the content is modified and all of NetEffect's legal legends are retained. You may not "mirror" any content contained within this Site without the express prior written consent of NetEffect. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of NetEffect or the appropriate copyright owner. "NetEffect" and its related logo are trademarks or registered trademarks of NetEffect and may not be used in any manner that violates applicable trademark law. NetEffect does not grant you any licenses, express or implied, to the intellectual property of NetEffect or its licensors except as expressly stated in this Agreement.

Transmission of Content

Any material, information or ideas that you transmit to or post to or through this Site by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by NetEffect for any purpose whatsoever. You are prohibited from posting or transmitting to or through this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, or any other material that is illegal or could give rise to legal liability under applicable law.

International Use

This Site is controlled and operated by NetEffect from within the United States. NetEffect makes no representations that materials contained within the Site are appropriate or available for use in other locations, and access to the Site from locations where such activity is illegal is prohibited. Those who choose to use the Site from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

U.S. Government Restricted Rights

The content of this Site is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.

Limitation of Liability

THE SITE IS PROVIDED "AS IS" AND NETEFFECT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. UNDER NO CIRCUMSTANCES SHALL NETEFFECT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED THEREIN, EVEN IF NETEFFECT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.

Modifications

This Agreement may be modified by NetEffect at any time by updating and posting a new version on the Site. By using the Site, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.

Procedure for Making Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act (17 USC � 512), NetEffect is registered with the US Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to the Service Provider's Designated Agent. The Designated Agent: NetEffect, Inc. Attn: Legal Department; 9211 Waterford Centre Blvd, Austin, TX 78758.

Term and Termination

This Agreement is effective as of the date of your first access or use of the Site, and shall remain in effect for the duration of your access or use. This Agreement shall automatically terminate upon your breach of the Agreement.

Governing Law

This Agreement and your use of the site shall be governed by the laws of the state of Texas, without regard to principles of conflict of laws.

General

The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.

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