Web Site Terms of Use

Acceptance of Terms

Please read these terms carefully before using this internet site. These terms and conditions may have changed since your last visit to this site. Using this site indicates that you accept these terms. If you do not accept these terms, do not use this site.

Xcitex Inc., of Cambridge, Massachusetts, U.S.A., maintains this site as a service to our customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

Restrictions on use of Materials, Software and other Products

All materials contained on the Xcitex web site are the copyrighted property of Xcitex Inc. All trademarks, service marks, trade names, and trade dress are proprietary to Xcitex Inc. No material from the Xcitex web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial use only, provided that (1) you keep intact all copyright and other proprietary notices, (2) you make no modifications to the materials, (3) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (4) you do not download quantities of materials to a database that can be used to avoid future downloads from the Xcitex web site. The use of any Xcitex material on any other web site or computer environment is prohibited.

In the event you download software from the Xcitex web site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us for your personal, noncommercial use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

Any software that is made available to download from the Services ("Software") is the copyrighted work of Xcitex. 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"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Description of Services

Through its network of Web properties, Xcitex provides you with access to a variety of resources, including download areas and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms of Use Agreement.

Personal and Non-Commercial Use Limitations

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

Privacy and Protection of Personal Information

See the Privacy Policy disclosures relating to the collection and use of your information.

Notice Specific to Documents Available on this Web Site

Permission to use Documents is granted, provided that (1) both the copyright notice and this permission notice appear, (2) use of such Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the xcitex.com web site or any other Xcitex design. Elements of the Xcitex web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Xcitex Web site may be copied or retransmitted unless expressly permitted by Xcitex.

Notices regarding software, documents and services available on this web site

IN NO EVENT SHALL XCITEX AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Xcitex server, or the network(s) connected to any Xcitex server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Xcitex server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Xcitex reserves the right at all times to disclose any information as Xcitex deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Xcitex's sole discretion.

Enforcement of the Terms of Use Statement

If you have questions regarding this statement, you should first contact Xcitex Inc. by e-mail.

Links to Third Party Sites

THE LINKS IN THIS SITE WILL LET YOU LEAVE XCITEX'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF XCITEX AND XCITEX IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. XCITEX IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. XCITEX IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY XCITEX OF THE SITE.

Copyright Notice

Any rights not expressly granted herein are reserved.