Clairvoyante

Clairvoyante Website Terms of Use 6/01/07

By your use of the Clairvoyante website (this “Site”) you agree to comply with all conditions and terms, including notices (“Terms”), of this Site. Clairvoyante may change these Terms at any time without notice and your use is subject to the changes. If you do not agree with or accept all of these Terms, do not use this Site.

Rights of Use to Information, Software and Documentation

Use or reproduction of the content or materials for any purpose not expressly permitted is prohibited. The materials on this Site are copyrighted and protected by worldwide copyright laws, treaty provisions, trademarks, trade dress and other proprietary rights laws. You may download one copy of the information, software and/or documents found on this Site ("Materials") on a single computer for your informational, personal, non-commercial internal use only unless specifically licensed to do otherwise by Clairvoyante in writing. Clairvoyante reserves the right to revoke such authorization at any time, and upon notice from Clairvoyante any such use shall be discontinued immediately. The Materials may not be modified in any way and any copy of the Materials or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original. You may not disassemble, reverse engineer or decompile the Materials or any part thereof. You may not distribute the Materials to any third party at any time nor may the Materials be rented, bartered, hypothecated or in any other way made available. Except for the rights of use and other rights expressly granted herein, no other rights are granted to you nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

Hyperlinks

The Site may contain hyperlinks to the web pages or websites of third parties. Clairvoyante is not liable for the contents of such web pages. Clairvoyante does not make representations about or endorse such web pages or their contents as its own. Clairvoyante is not responsible for the contents and information given thereon and does not control the information on such web pages. The User assumes full responsibility for the use of such web pages and any risk resultant of such use.

Liability for defects of title or quality

The Site may display information containing specifications or descriptions concerning the technical possibilities of products which may not be available in certain cases (e.g. due to product changes). At the time of purchase the required performance of the product shall therefore be mutually agreed in each case.

Availability Liability, Viruses

At any time Clairvoyante may discontinue the operation of the Site in full or in part. Due to the nature of the internet and computer systems, Clairvoyante cannot be held liable for the continuous availability of the Site. Although Clairvoyante makes every endeavor to keep the Site free from viruses, Clairvoyante cannot make any guarantee that it is virus-free. You shall, for your own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. CLAIRVOYANTE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. CLAIRVOYANTE DOES NOT WARRANT THAT THE CONTENT OF THIS SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

CLAIRVOYANTE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF CLAIRVOYANTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Export Control Laws

Software available on this Site is subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial and Prohibition Orders.

By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

The information on export control laws provided herein is not necessarily complete. For more information on export control laws, please refer to 15 C.F.R. §§736, 738, 744, 746, or telephone the United States Commerce Department, Bureau of Export Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.

U.S. Government Restricted Rights

Any software which is downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities, is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Clairvoyante, Inc., 1601 South De Anza Blvd., Suite 215, Cupertino, CA 94014 USA.

Applicable Laws

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this Site shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Clairvoyante makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. Clairvoyante reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved by Clairvoyante. Clairvoyante reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice. These Terms represent the entire understanding relating to the use of this Site and supersede any prior or contemporaneous, conflicting or additional communications.