Use of Site.xThink authorizes you to view and download the materials at this Web site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Use of Software.If you download software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. If a Software License Agreement does not accompany or is not provided with the Software and the Software is sample or beta code or is provided for evaluation purposes, then contact xThink for the applicable Software License Agreement; in all other cases, read the applicable Software License Agreement. You may not download or install the Software until you have read and accepted the terms of the applicable Software License Agreement.
User Contributions.Any information or material you transmit to this Site is considered non-confidential and non- proprietary ("Communications"). xThink has no obligations with respect to the Communications and xThink is free to copy, disclose, distribute, incorporate, translate and otherwise use the Communications and all data, images, sound, and text for any and all purposes. xThink may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to discussion groups, bulletin boards or other user forums, and the content of any such Communications. xThink, however, has no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Links To Other Web Sites.Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. xThink does not control and is not responsible for any of these sites or their content. Thus, xThink does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Disclaimer.THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS”. The contents of this Site could contain technical inaccuracies, typographical errors or out-of-date information. Information may be updated or changed at any time, without notice. Use of the information contained is therefore at your own risk. Limitation of Liability. xThink WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENTS OF THIS SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Applicable Laws.xThink administers this Site from its offices in Round Rock, Texas. xThink makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations, including, without limitation, U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws.
Use of Press Materials.If you are a news publication agency, xThink grants to you and you accept from xThink a limited, nonexclusive, world-wide license and right to copy, distribute, publish, modify, and display (collectively, "Use") Copyrightable Works (such as datasheets, images, press materials, white papers and FAQs) that xThink supplies to you through this Web site. A news publication agency is defined as an organization whose primary function is summarizing and analyzing news; published on a regular periodic basis and containing news articles of opinion, features, and advertising. All rights not expressly granted to you are reserved to xThink. Your right to use the Copyrightable Works is limited to Use in trade journals, newspapers, magazines, news publishing websites, and other publications maintained by news publication agencies.
Use Limitation. If you are an entity other than a news publication agency, you agree to notify xThink I in writing of:
- Name or description of the requested Copyrightable Work(s).
- Your intended use of the requested Copyrightable Work(s).
- Type and/or name of publication you intend to create.
- Any modifications or alterations you intend to make to the requested
Copyrightable Works.You agree not to use the Copyrightable Works without our prior written approval which may be given or withheld by xThink on a case by case basis. xThink will determine, (1) whether to grant you permission to use the requested Copyrightable Works; (2) whether to impose further limitations or restrictions on your use of such Copyrightable Works; and (3) whether any fees, costs, and/or royalties (collectively, "Fees") shall apply to delivery or Use of such Copyrightable Works. For example, if you intend to alter one of the Copyrightable Works (and create a derivative work therefrom), xThink may require that you submit your derivative work for our final approval before publishing such derivative work. xThink may also request that you supply us with a copy of your work for our review prior to supplying you with the requested Copyrightable Works. Finally, xThink may limit the geographic scope of your use (i.e., to the United States). xThink reserves the right to impose further limitations or restrictions that xThink feels are necessary on a case by case basis and you hereby agree to abide by such limitations or restrictions before using such Copyrightable Works."
General.xThink may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Trademarks.xThinkTM and MathJournalTM are trademarks or registered trademarks of xThink and may not be used without the prior written permission of xThink.
Revised August 2003
© 2003 xThink Corporation. All rights reserved. Product and company names listed are trademarks or trade names of their respective companies. Any rights not expressly granted herein are reserved.