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The following terms and conditions govern your use of this website (the "Site")
of EnQue Corporation ("EnQue"), and any services contained therein. Unless
otherwise noted, all information, text, articles, data, images, documents,
software or other materials (collectively hereinafter referred to as the
"Materials") contained on any page within this Site are copyrighted
by EnQue or a third party (hereinafter collectively referred to as the
"Copyright Holder").
1. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING,
WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND ENQUE MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO
THIS SITE OR ITS CONTENTS. ENQUE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. EnQue does not represent or warrant that the
information accessible via this Site is accurate, complete or current. This
Site could contain typographical errors or technical inaccuracies. EnQue
reserves the right to add to, change or delete its content or any part thereof
without notice. Any price or availability information is subject to change
without notice. Additionally, this Site may contain information provided by
third parties, which includes, without limitation, the Documents and Software.
EnQue makes no representation or warranty regarding the accuracy, truth,
quality, suitability or reliability of such information. EnQue is not
responsible for any errors, omissions, or inaccuracies contained in any
information provided by such third parties.
(C) LIMITATION ON LIABILITY. NEITHER ENQUE NOR ANY OF ITS MEMBERS,
DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION
CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF
ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF
LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND
CLAIMS OF THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR
EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST
ENQUE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST
PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE
CONTENTS THEREOF.
2. Links to Third Party Sites.
Any other web sites that are accessible via link on this Site are not under the
control of EnQue except those that EnQue has developed and manages. EnQue is
not responsible for the contents of any linked site or any link contained in a
linked site, or any changes or updates to the information contained in such
sites. EnQue provides the linked sites to you only as a convenience and the
inclusions of any such link on the Site does not imply EnQue's endorsement of
the site, the organization operating such site, nor any products or services of
that organization. Your linking to any off-site pages or other sites is
entirely at your own risk.
3. Export Restrictions.
You acknowledge and agree that the Materials are subject to the U.S. Export
Administration Laws and Regulations. Diversion of such Materials contrary to
U.S. law is prohibited. You agree that none of the Materials, nor any direct
product therefrom, is being or will be acquired for, shipped, transferred, or
reexported, directly or indirectly, to proscribed or embargoed countries or
their nationals, unless authorized by the U.S. Government. Proscribed countries
are set forth in the U.S. Export Administration Regulations. You agree to
comply strictly with all U.S. export laws and assume sole responsibility for
obtaining licenses to export or reexport as may be required.
4. References to Products or Services.
Information published by EnQue on the Site may contain references or cross
references to other products or services that are not announced or available in
your country. Such references do not imply that EnQue intends to announce such
products or services in your country. Please contact
Customer Service for information regarding the products and services
which may be available to you.
5. User Input.
Unless otherwise provided in the Terms and Conditions, any communication,
material or feedback with regard to contents on this Site transmitted by a user
of this Site via electronic mail or otherwise, including any data, questions,
or comments regarding the content of any Document or other information
contained on the Site, such information shall be deemed to be non-confidential
and EnQue shall have no obligation of any kind with respect to such information
and shall be free to reproduce, use, disclose and distribute the information to
others without limitation. Further, EnQue shall be free to use any ideas,
concepts, know-how or techniques contained in such information for any purpose
whatsoever including, without limitation, publication on the Site, or other
EnQue publications, and developing, manufacturing, and marketing products using
such information. EnQue shall have no obligation to compensate the contributor
of such information in any manner.
6. Governing Law.
Any action related to the Terms and Conditions will be governed by North
Carolina State law and controlling U.S. federal law. No choice of law rules of
any jurisdiction will apply.
7. Complete Agreement.
These Terms and Conditions represent the entire understanding relating to the
use of the Site and prevail over any prior or contemporaneous, conflicting or
additional, communications. EnQue can revise the Terms and Conditions at any
time without notice by updating this posting.
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