Please read these terms of use (the “Terms”) carefully before using the websites of Xtravirt Ltd. The websites, Materials and Services are referred to in these terms collectively as the “Xtravirt Websites”. By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree with these Terms, please do not use these websites. Additional terms and conditions for accessing the support forums are located here.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
Xtravirt reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Xtravirt Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please check this page regularly to ensure you are familiar with the current version.
These Terms, together with any additional terms to which you agree when using particular elements of the Xtravirt websites, constitute the entire and exclusive and final statement of the agreement between you and Xtravirt with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Xtravirt with respect to such subject matter. These Terms and the relationship between you and Xtravirt shall be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
General Use Provisions
All materials provided on this website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (”Materials”), are provided either by Xtravirt or by third party manufacturers, authors, developers and vendors (”Third Party Providers”) and are the copyrighted work of Xtravirt and/or its Third Party Providers. Except as stated herein, none of the Materials 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 other means, without the prior express written permission of Xtravirt. Also, you may not “mirror” any Materials contained on this website on any other server without Xtravirt’s prior express written permission.
Except where expressly provided otherwise by Xtravirt, nothing on this website shall be construed to confer any license offer for license or sale under any of Xtravirt’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Xtravirt and as such, Xtravirt makes no warranty with respect to its contents. Xtravirt does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Xtravirt.
Xtravirt hereby grants you permission to display, copy, distribute and download Xtravirt’s Materials on this website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on Xtravirt Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Links to Third Party Sites
Links on the Xtravirt Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Xtravirt Websites. Xtravirt does not endorse or make any representations about such third party websites, and Xtravirt is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Xtravirt does not control those websites, and Xtravirt is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
Copyright
Except where otherwise specified, the contents of the Xtravirt Websites are copyright (c) 2007-, Xtravirt Ltd., Riverbridge House, Guildford Road, Leatherhead, Surrey, United Kingdom. All rights reserved. The contents of the Xtravirt Websites are subject to protection under UK and foreign copyright laws. You may not copy or distribute any portion of the Xtravirt Websites, except as necessary to view the Xtravirt Websites.
Trademarks
Xtravirt reserves all rights to its trademarks, service marks and logos, which are counted among their most valuable corporate assets, and therefore Xtravirt will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Xtravirt trademarks or which are likely to cause confusion with Xtravirt trademarks.
No employee or other representative of Xtravirt is authorized to grant permission to use Xtravirt or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to Xtravirt trademarks by an Xtravirt employee in the absence of a formal written agreement cannot be relied upon.
Software Restrictions
Any software that may be made available to download from this website (”Software”) is the copyrighted work of Xtravirt, and is protected by the applicable copyright, patent or other intellectual property rights of either Xtravirt or the third party licensor.
Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (”License Agreement”). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, XTRAVIRT HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.
Submissions
Except where expressly provided otherwise by Xtravirt, all comments, feedback, information or materials submitted to Xtravirt through or in association with this Web Site (”Submissions”) shall be considered non-confidential and Xtravirt’s property. By providing such Submissions to Xtravirt, you agree to assign to Xtravirt, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Xtravirt shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Xtravirt, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
Disclaimers
Information on the Xtravirt Websites is not promised or guaranteed to be correct, current or complete, and the Xtravirt Websites may contain technical inaccuracies or typographical errors. Xtravirt assumes no responsibility (and expressly disclaims responsibility) for updating the Xtravirt Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Xtravirt Websites. Xtravirt provides no assurances that any reported problems will be resolved by Xtravirt, even if Xtravirt elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE XTRAVIRT WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. XTRAVIRT EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XTRAVIRT MAKES NO WARRANTY THAT THE XTRAVIRT WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE XTRAVIRT WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Indemnification
You agree to indemnify, defend and hold harmless Xtravirt, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Xtravirt Websites or violation of these Terms. Xtravirt reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Xtravirt’s defense of such claim, and in no event may you agree to any settlement affecting Xtravirt without Xtravirt’s written consent.
Limitation of Liability
IN NO EVENT WILL XTRAVIRT BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF GBP£100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE XTRAVIRT WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF XTRAVIRT HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Xtravirt may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Xtravirt’s liability shall be the minimum permitted under such applicable law.
