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Xstra Terms of Use

Acceptance of Terms

The following are terms of a legal agreement between you and Xstra Corporation ("Xstra"). By accessing, browsing and/or using this web site located at www.xstra.eu, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including EU export and re-export control laws and regulations. If you do not agree to these terms, do not use this Xstra Site. In using the Xstra Site, you represent and warrant that you are at least 18 years of age and have any and all permissions necessary to enter into and be bound by this agreement.

Use Restrictions

The material provided on this Xstra Site is protected by law, including, but not limited to, European Union copyright law and international treaties. The copyright in all material provided on this Xstra Site is held by Xstra or by its respective manufacturers, authors, developers and vendors (the "Third Party Providers"). Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Xstra or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Xstra Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Xstra's permission, "mirror" any material contained on this Xstra Site on any other server. You acknowledge that nothing on this Xstra Site shall be construed as conferring any license to you from Xstra, its subsidiaries, or affiliates or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise, and agree that you have sole responsibility for obtaining such licenses by separate written agreement. Any unauthorized use of any material contained on this Xstra Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download from the Xstra Site (the "Software") is the copyrighted work of Xstra, its subsidiaries, affiliates, or suppliers. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN "AS-IS" AND "WHERE-IS" BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.

Xstra Privacy Policy

Your use of the Xstra Site is subject to Xstra's privacy policy. For information on Xstra's privacy practices, we refer to Xstra privacy policy. If you are a non-EU user of the Xstra Site, your use of the Xstra Site may be subject to additional policies or restrictions including those relating to privacy which are expressly incorporated into this agreement with you.

Submission of Unsolicited Ideas

It is Xstra standard corporate practice that confidential or proprietary information from you not be submitted through this Xstra Site or by email. If you transmit such information in contravention of Xstra standard corporate practice, any material, information or idea you transmit to Xstra by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Xstra or its affiliates without compensation to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, unless otherwise agreed in writing by an authorized Xstra representative.

Submission of Personal Information

All personal data information provided to Xstra through this Xstra Site or by email, such as product registration information or information necessary to complete purchases of Xstra's products, will be handled in accordance with Xstra's Privacy Policy.

Access from Outside the European Union.

This Xstra Site is controlled and operated by Xstra from its offices within the European Union. Xstra makes no representation that materials in the Xstra Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Xstra Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use this Xstra Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that the content of the Xstra Site or other materials available through this Xstra Site (the "Materials") may be subject to the EU Export Administration Laws and Regulations, as well as export laws of other countries, and that diversion of such Materials contrary to EU law or the law of other applicable countries is prohibited. You agree that none of the Materials, nor any direct product, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the European Union (or other relevant government) for such purposes. You agree to comply strictly with all export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Links to Third-Party Sites and Co-Branded Sites

The Xstra Site may contain links to third-party sites, however, please be aware that Xstra is not responsible for and cannot control these other sites. The Xstra Site may also contain links to co-branded web sites that are maintained by third parties by agreement with Xstra. Xstra makes no representations whatsoever about any other web site which you may access through the Xstra Site. When you access a non-Xstra web site, even one that may contain the Xstra logo, please understand that it is independent from Xstra, and that Xstra may have no control over the content on that Web site. In addition, a link to a non-Xstra web site does not mean that Xstra endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XSTRA SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL XSTRA BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF XSTRA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST XSTRA FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD XSTRA ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE XSTRA, OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS, FOR, ANY CLAIMS RELATED TO THE XSTRA SITE.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Disclaimer

ALL INFORMATION IS PROVIDED BY XSTRA ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. XSTRA PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.

Copyright Policy

Xstra respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Xstra's Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. a description of where the material that you claim is infringing is located on the Xstra Site, including the URL;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Xstra's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail:

Xstra Digital Storage B.V.

Max Havelaardreef 182

NL-4906BD Oosterhout

The Netherlands

Attn: Management

Choice of Law

Any claim relating to, and the use of, this Xstra Site and the materials contained herein is governed by the laws of The Netherlands without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Breda, The Netherlands, for the resolution any and all disputes arising out of or relating to your use of the Xstra Site. You further agree and covenant not to bring suit in any other jurisdiction.

Revisions

Xstra may at any time revise these Terms of Use by updating this posting. By using this Xstra Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Use to which you are bound.