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This page states the terms and conditions (“Terms and Conditions”)
under which MagRabbit, Inc., a Texas corporation (the “Company”)
permits you to use this web site ("Web Site"). Please
read this page carefully. If you do not accept the Terms and Conditions
stated here, do not use the Web Site. Company may revise these Terms
and Conditions at any time by updating this posting. You should
visit this page periodically to review the Terms and Conditions,
because they are binding on you.
1. Use of Material. The Company authorizes you to view and download
a single copy of the material on this web site ("Web Site")
solely for your personal, noncommercial use. Special rules may apply
to the use of certain software and other items that may be provided
on the Web Site. Any such special rules are listed as legal notices
on this Web Site and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and
other material ("Material"), are protected by copyright
under both United States and foreign laws. Unauthorized use of the
Material may violate copyright, trademark, and other laws. You must
retain all copyright and other proprietary notices contained in
the original Material on any copy you make of the Material. You
may not sell or modify the Material or reproduce, display, publicly
perform, distribute, or otherwise use the Material in any way for
any public or commercial purpose. The use of the Material on any
other web site or in a networked computer environment for any purpose
is prohibited. If you violate any of these Terms and Conditions,
your permission to use the Material automatically terminates and
you must immediately destroy any copies you have made of the Material.
2. Company's Liability. The Material may contain inaccuracies or
typographical errors. Company makes no representations about the
accuracy, reliability, completeness, or timeliness of the Material
or about the results to be obtained from using the Web Site and
the Material. The use the Web Site and the Material is at your own
risk. Changes are periodically made to the Web Site and may be made
at any time. COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE
ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR
THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE
AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING
THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’
RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY
AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE
TEXT, GRAPHICS, AND LINKS.
3. Disclaimer of Consequential Damages. IN NO EVENT SHALL COMPANY,
ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY
TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Copyright and Trademark Notices. All contents of the Web Site
are Copyright © 2002 MagRabbit, Inc. and/or its suppliers.
All rights reserved. The running rabbit logo and the distinctively
written "magrabbit" (with the stylized letter "b"
that looks like a rabbit's ear) are trademarks or registered trademarks
of the Company. Other product and company names mentioned on the
Web Site may be the trademarks of their respective owners.
5. Links to Other Sites. The Web Site contains links to third party
web sites. These links are provided solely as a convenience to you
and not as an endorsement by Company of the contents on such third-party
web sites. The Company is not responsible for the content of linked
third-party sites and does not make any representations regarding
the content or accuracy of materials on such third party web sites.
If you decide to access linked third-party web sites, you do so
at your own risk.
6. Limitation of Liability. Unless otherwise expressly agreed by
the Company in a written agreement between you and the Company,
the aggregate liability for Company to you for all claims arising
from the use of the Materials (including software) is limited to
an aggregate amount of $100.
7. Indemnity. You agree to defend, indemnify, and hold harmless
the Company, its officers, directors, employees and agents, from
and against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from
your use of the Material (including software) or your breach of
the terms of this Agreement. The Company shall provide notice to
you promptly of any such claim, suit, or proceeding and shall assist
you, at your expense, in defending any such claim, suit or proceeding.
8. Export Control. The United States controls the export of products
and information. You agree to comply with such restrictions and
not to export or re-export the Materials (including software) to
countries or persons prohibited under the export control laws. By
downloading the Materials (including software), you are agreeing
that you are not in a country where such export is prohibited or
are a person or entity to which such export is prohibited. You are
responsible for compliance with the laws of your local jurisdiction
regarding the import, export, or re-export of the Product.
9. User Information. The Company may use the information it obtains
relating to you, including your IP address, name, mailing address,
email address and use of the Web Site, for its internal business
and marketing purposes and may disclose the information to third
parties for such purposes.
10. General. This Web Site is based in Austin, Texas. The Company
makes no claims the Materials are appropriate or may be downloaded
outside of the United States. Access to the Materials (including
software) may not be legal by certain persons or in certain countries.
If you access the Web Site from outside of the United States, you
do so at your own risk and are responsible for compliance with the
laws of your jurisdiction. This Agreement is governed by the internal
substantive laws of the State of Texas, without respect to its conflict
of laws principles. If any provision of this Agreement is found
to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and
effect. No waiver of any term of this Agreement shall be deemed
a further or continuing waiver of such term or any other term. Except
as expressly provided in a particular legal notice or material on
particular Web pages, this Agreement constitutes the entire Agreement
between you and the Company with respect to the use of Web Site.
Any changes to this Agreement must be made in writing, signed by
an authorized representative of the Company.
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