HyBlue Web Site Terms of Use Agreement

Acceptance of Terms
HyBlue, Inc. ("HyBlue") make this website (the "Site"), including all information, documents, content, materials, and software (the "Materials") available on the Site, available to you for your use subject to the terms and conditions set forth in this agreement ("Terms of Use"). By accessing, browsing, and/or using the Site, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations, including all applicable export and re-export control laws and regulations. HyBlue reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site. If you do not agree to the Terms of Use, do not use the Site.

Use of Information
Except as otherwise indicated on this Site, you are permitted to view, print, copy and download Materials on this Site subject to the following terms and conditions:

• (i) any copy of Materials or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original; (ii) the Materials may not be modified in any way; and (iii) HyBlue reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from HyBlue.
  
  
• Materials specified above do not include the layout or design of this Site. Elements of this Site are protected by trademark or other laws and may not be imitated or reproduced in whole or in part.
  
  
• Materials specified above do not include logos, graphics, sounds, product demonstration files, product executables, or images on this Site, which may be reproduced or distributed only when expressly permitted by HyBlue.
  
  

Access to the Site
HyBlue may alter, suspend, or discontinue this Site or any of the Materials at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. If you do not abide by the provisions of the Terms of Use, HyBlue may immediately deactivate or delete your user account and/or prohibit access to the Site from the offending domain and/or network address and/or bar any further access to the Materials, and/or the Site. HyBlue shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site.

By using the Site, you agree to indemnify, hold harmless, and defend HyBlue from and against any claims, actions, damages or liabilities, including reasonable attorney fees, resulting from your breach of the Terms of Use, or your access to, use, misuse of this Site or any information or Materials provided on this Site.

Use of Software
The software and accompanying documentation available to download from this Site are the copyrighted work of HyBlue. Use of the software is governed by the terms of the end user license agreement, which accompanies such software. If no license agreement accompanies the download, the terms of the license, which accompanies the original product being updated, will govern. You will not be able to use, download, or install any software unless you agree the terms of such end user license agreement.

Third Party Web Sites
HyBlue's site may provide links to third-party web sites, which are not under the control of HyBlue. HyBlue makes no representations about third-party web sites. HyBlue is not responsible for the reliability of any data, opinions, advice, or statements made on third party sites. HyBlue provides these links merely as a convenience. The inclusion of such links does not necessarily imply that HyBlue endorses, recommends, or accepts any responsibility for the content of such sites. HyBlue shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of a third party web site or any information or materials received from a third party web site.

Submisssion
HyBlue may, but is not obligated to, review or monitor areas on its Site where users may transmit or post communications, including bulletin boards, chat rooms, and user forums. HyBlue is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and user forums.

You are prohibited from posting or transmitting to or from this web site any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, HyBlue will have no liability related to the content of any such communications.

DISCLAIMER OF WARRANTIES
ALL MATERIALS PROVIDED ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HYBLUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, BUT WITHOUT LIMITATION, HYBLUE DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (iii) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HYBLUE BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION OR MATERIALS CONTAINED ON THIS SITE, EVEN IF HYBLUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL HYBLUE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION OR MATERIALS CONTAINED ON THIS SITE EXCEED $1.

No Additional Rights
You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest in and to the Site, Materials and any services related thereto, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of HyBlue, its suppliers and/or its licensors. Except as specifically set out in the Terms of Use, you are not authorized to use HyBlue's name or any of its trademarks or those of its suppliers and/or its licensors in any manner whatsoever, absent prior written approval from HyBlue.

International Users
The Site can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply the HyBlue intends to announce such products, services or programs in your country. HyBlue makes no representation that Materials on this Site are appropriate or available for use in locations outside of Canada and the United States and access to the Materials from territories where they are prohibited is illegal. If you choose to access this Site from outside Canada or the United States , you do so on your own initiative and are responsible for compliance with local laws.

Export of Information
The United States Export Controls laws prohibit the export of certain technical data and software to certain countries. It is your responsibility to comply with all applicable international, national, state, regional, and local laws, and regulations, including any applicable import and use restrictions.

Miscellaneous
These terms are governed by the laws of the state of Washington , without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in King Country in the state of Washington . If any provision of these Terms 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 these Terms, which shall remain in full force and effect. Except as expressly agreed by HyBlue and you, these Terms constitute the entire Agreement between you and HyBlue with respect to the subject matter and use of the Site.

Trademarks

The word 'HyBlue', the HyBlue logo and the 'Powered By HyBlue' logo are registered trademarks of HyBlue, Inc. We like our name and logos so any infringement or unauthorized use will be prosecuted.

If you are an authorized partner of HyBlue, you may use the 'Powered By HyBlue' logo provided that the logo is used in its entirety, the ® (registered) symbol accompanies the logo, and ownership is attributed to HyBlue, Inc.

All other trademarks and registered trademarks are the property of their respective owners.

Copyright

All materials on this website are © 2004, 2005 and 2006 HyBlue, Inc. except third-party materials which are used by permission and are the sole property of their respective owners. All Rights Reserved except where expressly noted.

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