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Legal Statement
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| I. General
A. Right to Alter Content
XiLinux Systems Inc. reserves the right to alter, improve, remove, or correct any of the products, services, programs, and prices described in this Web site, at any time, and without notice. This Web site may contain inaccuracies or typographical errors which, upon written notification, will be corrected by xiLinux Systems Inc., but for which xiLinux Systems Inc. is not liable as per the limitation of liability in Section III of this agreement.
B. Links to Third Party Sites
The xiLinux Systems Inc. Web site may be linked to other Web sites which are not under the control of and are not maintained by xiLinux Systems Inc.. xiLinux Systems Inc. is not responsible for the content of those sites. xiLinux Systems Inc. provides these links to its associates only as a convenience, and the inclusion of any link to such sites does not imply endorsement by xiLinux Systems Inc. of those sites or of their products and services and does not generate any representations, warranties, or guarantees as to those sites' products and services. xiLinux Systems Inc. reserves the right to terminate any link or any linking program at any time and without notice.
C. Integration
D. Choice of Law
Any action related to this Web site will be governed by Colorado law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
II. Disclaimer of Warranties
the materials on the xiLinux Systems Inc. web site are provided on an "as is" basis. All express or implied conditions, representations and warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. xiLinux Systems Inc. makes no representations, warranties, or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the materials contained on the web site. Any questions regarding the materials should be directed to the providers of such materials and not to xiLinux Systems Inc..
III. Limitation of Liability
XiLinux Systems Inc. shall not be liable for any damages arising out of or in connection with the use of or inability to use the xiLinux Systems Inc. web site. In no event shall xiLinux Systems Inc. be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach or in tort, even if xiLinux Systems Inc. has been previously advised of the possibility of such damage.
You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the web site and will not make a claim against xiLinux Systems Inc. for lost data, work delays or lost profits resulting from the use of the materials. You agree to hold xiLinux Systems Inc. harmless from, and you covenant not to sue xiLinux Systems Inc. for, any claims based on using the web site.
IV. Enforcement of Terms and Conditions
By accessing and using the xiLinux Systems Inc. web site, you agree that your access to and use of the xiLinux Systems Inc. web site is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of Colorado, United States of America.
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