Terms and Conditions of Use
The following Terms and Conditions of Use govern your use of this website and the materials accessible on or from the website. Please read them carefully before using this website. If you do not agree with these Terms and Conditions of Use, please do not use this website. As long as you comply with these Terms and Conditions of Use, Entone grants you a non-exclusive, non-transferable, limited right to enter, display, and use this website. You agree not to interrupt or attempt to interrupt the operation of this website in any way.
All materials on this website, including but not limited to audio, images, software, text, white papers, manuals, data sheets, product descriptions, FAQs, press releases and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws.
You may not use the Content except as specified herein. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Except as expressly granted in these Terms and Conditions of Use, Entone and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. You may download, copy or use such Content only for your personal use at home, and you may not distribute, exchange, modify, sell or transmit any Content for any business, commercial or public purpose. If you download, copy or use any Content from this website, you may not remove any copyright or trademark notices or other notices from such Content.
Disclaimer of Warranties and Damages; Limitation of Liability YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS WEBSITE, ENTONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE WEBSITE; OR (2) THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THIS WEBSITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ENTONE'S NEGLIGENCE, SHALL ENTONE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS ON THIS WEBSITE, EVEN IF ENTONE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ENTONE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
You agree to indemnify, defend, and hold Entone and all of its agents, directors, employees, information providers, licensors and licensees, officers, and affiliates (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will fully cooperate as reasonably required in Entone's defense of any claim. Entone reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Entone.
These Terms and Conditions of Use and any additional terms posted on this website together constitute the entire agreement between Entone and you with respect to your use of this website. Entone may revise these Terms and Conditions of Use at any time. Entone may change the programs or products mentioned on this website at any time without notice. If Entone makes a request to you to stop using and/or to promptly return or destroy any copies of the materials provided on this website, you will comply immediately with this request and will confirm in writing to Entone within ten (10) days that you have done so. Any cause of action you may have with respect to your use of this website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America, without reference to its conflicts of law rules. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Santa Clara County, California, U.S.A. for all claims arising out of or relating to these Terms and Conditions of Use.
Export of any material from this website (including any Content) outside of the United States is subject to all U.S. export control laws and you agree to abide by such laws. All materials and software downloaded from this website are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19 and use of the materials by the government constitutes acknowledgment of Entone's proprietary rights in such materials.
This website may contain links to other Internet sites on the World Wide Web. Entone provides such links for your convenience only, and is not responsible for the content of any website linked to or from this website. Links from this website to any other website do not mean that Entone approves of, endorses, or recommends that website. Entone disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
© 2007, Entone, Inc.