Attention: please read these terms carefully before
accessing this site. Using this site and/or downloading any
software made available through xp-smoker.com (referred to
as "This Website" or "The Site") indicates
that you accept these terms.
This website is provided
for your personal use. Please read the following terms of
use (“Terms of Use”) carefully before using this
Website. All users of this Website agree that access to and
use of this Website is subject to the following Terms of
Use and other applicable law. If you do not agree to these
Terms of Use, please do not use this Website.
Use
of Website and Website Material
This Website is provided for your personal noncommercial
use. You may not copy material from this Website for commercial
use. You may copy material in limited quantities from this
Website for your personal noncommercial use provided that
our copyright notice is affixed to the copied material. We
reserve the right to terminate, at any time, your permission
to make personal copies of material from this Website.
You are prohibited from
using this Website to post or transmit any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, profane material, any material that infringes
on any copyright, trademark or other proprietary right or
any material that could constitute or encourage unlawful
conduct. We may, from time to time, monitor or review material
transmitted or posted using this Website and reserve the
right to delete any material we deem inappropriate. This
Website is under no obligation to do so and assumes no responsibility
or liability arising from any material transmitted or posted
using this Website.
Downloading
Software
All software and accompanying documentation made available
for download from this web site is the copyrighted work of
their original software research and development companies
("Original Software Companies"). Software and documentation
ownership is retained by original software companies. Ownership
is not transferred to you; rather, you are granted a limited
license to use the original software companies software and
documentation. Your use of original software companies software
or documentation is subject to the terms of the applicable
license agreement. By installing and using any original software
companies' software, you agree to be bound to the terms and
conditions of the End User License Agreement contained within
that software. For more details please refer to original
software companies' Terms of Use pages.
Ownership
of Intellectual Property
All material on this website is copyrighted, either by us
or third party providers. Notwithstanding any other term
or condition in this agreement, We retains ownership to the
copyright in this Website and all material from this Website
unless otherwise indicated.
We own the trademarks,
service marks, and trade dress (”Trademarks”)
displayed on this Website. Nothing on this Website should
be construed as a license to use the Trademarks. Your use
of the Trademarks displayed on this Website is strictly prohibited.
Other product and company names mentioned in this Website
may be the trademarks of their respective owners.
Disclaimer
Your use of this Website and material from this Website is
at your own risk.
This Website strives
to provide accurate and up-to-date material; however, we
make no warranties or representations as to the accuracy
or timeliness of the material provided on this Website. We
assume no liability or responsibility for any errors or omissions
on this Website.
Neither this Website, any of its agents, nor any other party
involved in creating, producing, or delivering this Website
is liable for any direct, incidental, consequential, indirect,
or punitive damages arising out of your access to, or use
of, this Website or any material from this Website. Without
limiting the foregoing, this Website and the material provided
on this Website are provided “AS IS” WITHOUT
WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some
jurisdictions may not allow the exclusion of implied warranties,
so this statement may not apply to you.
This Website assumes
no liability or responsibility for any damage to you, your
computer, or other property, due to your access to, use of,
or downloading of this Website or any materials provided
on this Website.
Indemnification
You agree to indemnify, defend, and hold harmless this Website,
its subsidiaries, officers, directors, employees, and agents
from and against all losses, expenses, damages and costs,
including reasonable attorneys’ fees, related to
or resulting from any violation of these Terms of Use or
use of the Website by you or any other person accessing
the Website using your Internet account.
Links
We have not reviewed any or all of the websites linked to
this Website and are not responsible for any websites linked
to this Website. Your linking to any websites from this
Website is at your own risk. By linking to a website or
permitting a link to this Website, we do not endorse the
website operator or the content of the linked website.
United
States Only
Software and other materials from this Website may be subject
to export controls imposed by the United States and may not
be downloaded or otherwise exported to a) any country to
which the United States has embargoed goods or services,
b) anyone on the United States Treasury Department’s
list of Specially Designated Nationals or the U.S. Commerce
Department’s Table of Deny Orders. This Website prohibits
your downloading or exporting of software or other material
from this Website in violation of U.S. Export Laws and the
laws of your resident country. By downloading software or
other material from this Website, you represent and warrant
that you are able to do so in full compliance with the laws
of the United States and your resident country.
Severed
Provisions and Entire Agreement
If any provision of this agreement is unenforceable, that
provision shall be deemed severed from this agreement and
shall not affect the validity and enforceability of the remaining
provisions.
This is the entire agreement
between the parties relating to the subject matter.
