TERMS OF USE

LEGAL TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEBSITE. THIS WEBSITE AND THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

Use of Site
 

The materials contained on this website (such materials, include, but are not limited to, the design, layout, artwork and other elements of the website and any text, audio, video, logo, information, data, software, documentation, services or any other materials contained on the website) are owned by Kernel System and are protected by copyright and trademark law, international treaties, and other intellectual property rights. You may view, download, print, and copy materials on this website for your own personal, informational, non-commercial use, provided that (i) you do not modify the materials, (ii) any copies that you may make must be marked "Copyright � 2008 Kernel System, Inc. All rights reserved." and (iii) you retain all copyright and proprietary notices originally contained in the materials on any copies. You may not use, reproduce, display, post, transmit, or distribute any materials contained on this website for any commercial purpose. Nothing herein shall be construed as granting any license or right to use this website or any materials contained on this website except as expressly provided herein.

Use of Software
 

This website may provide Kernel System software for download. If you download software from this website, use of such software is subject to the license terms in the software license that accompanies the software and you may not download or install the software until you have read and accepted the terms of the software license agreement. Such software is Kernel System's proprietary information and nothing herein shall be construed as granting any rights to the software except as expressly provided in the software license that accompanies the software. Software available on this website is subject to United States export controls and may not be downloaded or otherwise transferred outside the United States without compliance with all applicable export and import laws.

Third-Party Links
 

This website may provide links to third-party websites. Any such links are provided solely as a convenience to you. Kernel System has no control over these websites or their content and does not assume any responsibility or liability for these websites. Kernel System does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this website, you do so at your own risk.

Third-Party Materials
 

This website may contain materials, including software, submitted by third-parties. Any such materials are provided solely as a convenience to you. Kernel System has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall Kernel System be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.

Trademarks
 

Kernel System and the Kernel System logo are registered trademarks or trademarks of Kernel System, Inc. in the United States and other countries. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting any license or right to use Kernel System's name, logos, trademarks or other intellectual property except as expressly provided herein.

User Submissions
 

Any material, information, or communication you transmit or post to this website will be treated as non-confidential. Kernel System is free to use and distribute such communications with no restrictions.

Privacy
 

We respect your privacy and have taken specific steps to protect it. Please see our [Privacy Policy] for a description of our privacy practices. The terms of our Privacy Policy are incorporated into these Terms and Conditions by reference and constitute part of the agreement between you and Kernel System, Inc..

Warranty
 

The materials contained on this website are provided on an "as-is" basis and Kernel System makes no representations or warranties as to the suitability, accuracy, timeliness, completeness, or reliability of the materials. Nor does Kernel System make any representations or warranties that access to this website or materials contain on this website is uninterrupted or error-free. Kernel System makes no representations or warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You use this website and any materials contained on this website at your own risk.

Limitation of Liability
 

In no event shall Kernel System be liable for any indirect, special, incidental, consequential, or punitive damages, including, without limitation, malfunctions, delays, loss of data, interruption of service or loss of business, profit, or anticipatory profits, arising out of the use, inability to use, or results of use of this website or any websites linked to this website, or the materials or information contained on all such websites, whether based on warranty, contract, or tort, even if Kernel System has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose or any limited remedy of any kind.

Jurisdiction
 

Kernel System operates this website from its offices within the United States of America. Kernel System makes no representations that the materials on this website are appropriate or available for use outside the United States. If you choose to access this website from outside the United States you do so at your own risk and are responsible for compliance with all local laws. You may not use this website in violation of United States export laws and regulations. This agreement and use of this website shall be governed by the laws of California, without giving effect to its conflicts-of-laws provisions, and all users of this website submit to the exclusive personal jurisdiction and venue of the Federal and State courts of California with respect to any matters related to use of this website or to these Terms and Conditions.