Terms of Use

Please read these Terms carefully before using this website. By using this website you have accepted these Terms of Use. If you do not accept these Terms of Use, do not use the website.

Xiotech Corporation ("XIO") may modify all or any part of these Terms of Use from time to time without notice to you, you should check back often so you are aware of your current rights and responsibilities. Your continued use of this website after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this website.

Trademarks

The trademarks, logos and service marks ("Marks") displayed on this website are the property of Xiotech Corporation, XIO or other third parties. You are not permitted to use these Marks without the prior written consent of XIO or such third party which may own the Mark.

Copyrights

Xiotech Corporation or XIO either owns the intellectual property rights in the HTML, text, images audio, video, software or other content (collectively, “Materials”) that is made available on this website, or has obtained the permission of the owner of the intellectual property to make it available on this website. The website and Materials, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the website or Materials may violate such laws and the Terms of Use.

Except as expressly provided herein, XIO and its suppliers do not grant any express or implied rights to use the Materials. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the website, Materials, any portions of the website, Materials, or the selection and arrangement of the website and Materials, except as expressly authorized herein.

XIO strictly prohibits the redistribution or copying of any part of this website or content on this website without written permission from XIO. XIO authorizes you to display on your computer, download and print pages from this website provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, and (c) you do not redistribute or copy the information to any other media.

XIO and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement section of this Terms of Use.

Software Use

Any software including code, programs, tools, utilities, files and otherwise accompanying documentation (collectively "Software") that is made available to you to download from this website is the copyrighted work of XIO and/or third parties. Your use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software ("License Agreement"). You will not install any Software that is accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement.

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Absent a license agreement that accompanies the Software, use of the Software will be governed by the Terms of Use. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Submission of Ideas and Materials

Please do not send or post your unsolicited ideas or materials including creative artwork, samples, demos or other works to XIO, the website, or anyone at XIO if there is an expectation of confidentiality or propriety to those ideas or materials. Any unsolicited ideas or materials, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to XIO via this website shall not be considered as accepted by XIO, nor deemed confidential or proprietary information. The sole purpose of this policy is to avoid potential misunderstandings or disputes when XIO products or marketing strategies might seem similar to ideas submitted to XIO.

For all of your ideas and materials that you post or otherwise submit to the website, including (a) comments, (b) feedback, (c) bug reports, (d) examples or (e) product suggestions, you grant XIO and the users of this website an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such ideas and materials, with or without having your name attached to such User Materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that XIO is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.

You are solely and entirely responsible for all of your ideas and materials that you post or otherwise submit via the website. You shall assume all risks associated with the use of your ideas and materials including any reliance on the accuracy, completeness or usefulness of your ideas and materials. XIO does not guarantee the accuracy, integrity or quality of your ideas and materials. You acknowledge and agree that XIO shall not be liable for any failure to store your ideas and materials on the website at any time

Linking

This website contains links to other websites and resources and is provided for convenience only. XIO has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by XIO of the website or their entities, products or services. XIO has no control of the linked websites and you therefore acknowledge and agree that XIO is not responsible for the contents of any linked website, any link contained in a linked website or any changes or updates to a linked web site. You further acknowledge and agree that XIO is not responsible for any form of transmission (e.g. webcasting) received from any linked website.

Rules of Conduct

Your use of this website is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. XIO reserves the right to seek damages from any such person to the fullest extent permitted by law.

In addition, you agree not to post or transmit through this website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on this website that restricts or inhibits any other user from using or enjoying this website by "hacking", "cracking", "spoofing", or defacing any portions of this website.

You may not post or transmit through this website advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with XIO and/or this website; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents. You may not harvest or collect information about website visitors without their express written consent.

Username

Access to this website may require you register and to choose a user name and a password. You agree (i) to provide XIO with accurate, complete and up to date information; (ii) to update your information to keep it accurate, current and complete; (iii) comply with these Terms of Use. Failure to provide accurate information constitutes a breach of this agreement, which may result in immediate termination of your right to access this website.

You may not select a user name that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. XIO reserves the right to reject any user name in our sole discretion.

You agree not to sell or transfer your use of or access to this website or permit anyone else whose account was suspended or terminated to use this website through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify XIO of any unauthorized use of your account or any other breach of security. XIO will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.

Monitoring

XIO has the right, but not the obligation, to monitor the content of this website, to determine compliance with these Terms of Use and any other operating rules established by XIO. XIO has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this website that we find to be in violation of these Terms of Use or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree, that XIO does not have any liability for any action or inaction with respect to any conduct, communication or posting on this website.

Rights in Content

By displaying, publishing and making available for download and use by others any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials ("Content") you give XIO a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the web site. You agree that this license includes a right for XIO to make such Content available to other companies, organizations or individuals with whom XIO has relationships for the provision of services, and to use such Content in connection with the provision of those services. You understand that XIO may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit XIO to take these actions. You confirm and warrant to XIO that you have all the rights, power and authority necessary to grant the above license.

Global Availability

XIO controls this site from its Eden Prairie, Minnesota, USA offices; other XIO sites may be administered and operated from various locations inside and outside the United States. If you use this website from other locations you are responsible for compliance with applicable local laws. XIO makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact certain products and services may not be available worldwide.

Export Control

By using this website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. XIO makes no claim that content contained on this website is appropriate or may be downloaded outside the United States. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Indemnification

Any person or corporation submitting content to this website agrees to defend, indemnify and hold XIO and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of such submitted content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by XIO prior to publishing on the website.

Disclaimer

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. XIO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT. XIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XIO DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE OR ANY CONTENT.

XIO MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.

INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY XIO AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, XIO IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF XIO HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; ( c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

Privacy

See the XIO website privacy policy located at http://xiostorage.com/privacy/.

Jurisdiction

This agreement and all claims relating to the relationship between the parties are governed by the Federal laws and the laws of the State of Minnesota, U.S.A. without regard to choice of law provisions.

If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

Notice and Procedure for Making Claims of Copyright Infringement

To file a notice of infringement with us, please provide the following information to the XIO-designated copyright agent listed below:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed.
2. A description of the material that you claim is infringing the copyrighted work listed in item #1.
3. An address, telephone number, and an email address where the alleged infringing party can contact you.
4. The following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. Your electronic or physical signature.

To file a counter notification with us, please provide the following information to the XIO-designated copyright agent listed below:

1. A description of the material that XIO has removed or to which XIO has disabled access.
2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Minneapolis, Minnesota if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
3. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
4. Your electronic or physical signature.

XIO's Designated Agent for Notice of claims of copyright infringement can be reached as follows:

By mail:

Legal Department – Copyright Infringement Claims

XIO Storage

Xiotech Corporation

9950 Federal Drive, Suite 100

Colorado Springs, CO 80921

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the website or on sites linked to from the website. All other inquiries directed to the Designated Agent will not be responded to.

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April 8, 2009