Terms of Use

ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING WWW.EXINDA.COM (THIS “SITE”). YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.

Exinda reserves the right to modify these Terms of Use without notice and any modifications are effective when they are posted here. If you are accessing this Site as a representative of an organization, these Terms of Use bind both you individually and the organization and references to “you” and “your” shall be construed to apply to you individually and the organization.

As a condition of your use of this Site, you will not use the Site or the information contained herein (the “Site Information”) for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Site in any manner that could damage, disable, overload or impair the operation of this Site or use by third parties.

Trademarks

No mention is made of rights with respect to other trademarks, service marks or trade names whether registered or not, which may attach to certain words or signs used herein. The absence of such mention, however, in no way implies that there is no protection of these marks, trade names, words or signs.

Please note that any product, process or technology described in this Site may be the subject of other Intellectual Property Rights reserved by Exinda or a third party. No right to use such Intellectual Property Right is granted hereunder.

Confidential Information

Certain restricted product information is available on this Site only to licensed customers of Exinda that are registered to receive information via passwords issued by Exinda. This restricted information is considered confidential and proprietary information of Exinda. If you are a registered customer or a representative of a registered customer, Exinda authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within your organization, and only for the intended purposes authorized by Exinda. You shall not transfer your password to unauthorized parties. You will immediately notify Exinda of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Site Information or area within this Site.

See Exinda’s Privacy Statement and Anti-Spam Policy relating to the collection and use of information through this Site.

Submissions

Any information or material you submit to this Site by any means will be treated as non-confidential and non-proprietary and may be used by Exinda for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Site will be used by Exinda in accordance with its Privacy Policy.

No Warranties; Limitation of Liability; Indemnity

THIS SITE AND ALL SITE INFORMATION IS PROVIDED “AS IS”. EXINDA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON -INFRINGEMENT OF INTELLECTUAL RIGHTS.

IN NO EVENT WILL EXINDA OR ITS MANAGERS AND/OR OFFICERS AND/OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY SITE INFORMATION.

You agree to release, defend, indemnify and hold Exinda harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Site or any Site Information.

Exinda makes no representations or promises to develop, provide or market any product or service discussed on this Site, and you shall not rely on the information provided or the prospect of availability of any product or service currently in development or currently anticipated to be made available in the future.

Linking

This Site may from time to time contain links to third-party Web sites. It may also be linked with other Web sites, either with or without the consent of Exinda. In either case, the linked (or linking) Web sites are not under the control of Exinda and Exinda is not responsible for the content of any linked Web site or any link contained in a linked Web site. Exinda reserves the right to terminate any link or linking program at any time. Exinda does not endorse companies, institutions, organizations, or products to which it links (or is linked). If you decide to access any of the third-party Web sites linked to this Site, or if you link to this Site from some other Web site, you do this entirely at your own risk. If you link to another Web site, you are leaving the Exinda Web site. Exinda is not responsible for the content of any off-site pages or any pages linked to this Site.

Export and Trade Controls

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Site or any Site Information provided on or pursuant to this Site except in full compliance with all United States, Canada, Australia, foreign and other applicable laws and regulations.

Severability

If any provision of these Terms of Use are found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Use.

Assignment

Exinda may assign its rights and duties under these Terms of Use to any party at any time without notice to its users.

Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Canada, without regard to the conflicts of laws principles thereof, and any dispute arising hereunder shall be resolved exclusively in the competent courts of Toronto, Ontario Canada.

Copyright

The contents of this Site are Copyright © 2010 Exinda Networks, Inc. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Exinda is prohibited except in accordance with the following Terms of Use. Exinda consents to you browsing these World Wide Web pages on your computer or printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by Exinda. Individual documents in our World Wide Web pages may be subject to additional terms indicated in those documents. The use of this Site and the content therein is permitted to private, non-commercial use. The use of press releases and other documents classified as public is permitted in public communications if the source of the information has been stated.