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> Terms & Usage
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PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

Welcome to the Spitfire Technology, Inc. ("Spitfire Technology") web site (the "Site"). Please review the following terms and conditions concerning your use of the Site. By accessing, using or downloading any materials from the Site, you agree to follow and be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use this Site.

RIGHT TO USE THE SITE
Spitfire Technology hereby grants you permission to display, copy and download the materials on this Site (the "Materials") provided that: (a) you make only one copy of the Materials for your personal, non-commercial internal use only unless specifically licensed to do otherwise by Spitfire Technology in writing; (b) you do not remove any copyright notice or other proprietary notices from the Materials; (c) you do not transfer the Materials on this Site to another person; and (d) you do not modify the Materials in any way. In addition, you may not "mirror" any Materials on any other server without Spitfire Technology's prior express written permission. Furthermore, you agree to prevent any other unauthorized copying of the Materials. If you breach any of these terms and conditions of use, your permission to use the Site will automatically terminate and you must immediately destroy or delete any downloaded or printed Materials.

OWNERSHIP OF MATERIALS
All Material provided on this Site are provided by either Spitfire Technology or its third party suppliers, authors, developers and vendors ("Third Party Providers"). The Materials on this Site are copyrighted and are protected by worldwide copyright laws and treaty provisions. Except as expressly provided herein, you may not copy, adapt, modify, display, perform, or otherwise use the Materials (including use of these Materials on any other web site or networked computer environment) without the prior written permission of Spitfire Technology and/or its Third Party Providers. Any unauthorized use of any of the Materials on the Site may violate copyright, trademark and other similar laws.

LINKS TO THIRD PARTY WEB SITES
The Site has links to web sites that are not controlled by Spitfire Technology. Spitfire Technology is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Spitfire Technology is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Spitfire Technology of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature. Please note that generally when you link to another web site from our Site your web browser will create or spawn a new window containing the linked content.

DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY Spitfire Technology, THE MATERIALS ON THE SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR NON-COMMERCIAL USE ONLY, AND Spitfire Technology HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR 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. Spitfire Technology MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE SITE. Spitfire Technology DOES NOT UNDERTAKE ANY OBLIGATION TO CORRECT OR UPDATE ANY MATERIAL ON THIS SITE.

LIMITATION OF LIABILITY
Spitfire Technology SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL Spitfire Technology BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SITE, EVEN IF Spitfire Technology HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD Spitfire Technology HARMLESS FROM, AND YOU COVENANT NOT TO SUE Spitfire Technology FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE SITE.

APPLICABLE LAWS
This Site is controlled by Spitfire Technology from its offices within the United States of America. Spitfire Technology makes no representation that the Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations.

Any action related to the Materials or the terms herein shall be governed by California law and controlling U.S. federal law.

INTELLECTUAL PROPERTY NOTICES
Certain components of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Spitfire Technology.

Spitfire Technology, the Spitfire Technology logo, and/or other Spitfire Technology products referenced herein are trademarks of Spitfire Technology, Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. You may not use, and nothing contained on this Site grants by implication, waiver or otherwise, any right to use any trademark displayed on the Site without the written permission of Spitfire Technology or the respective owner.

Copyright 2003 Spitfire Technology, Inc. All rights reserved.

GENERAL
Spitfire Technology and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Site at any time without notice. Spitfire Technology may periodically make changes to the Site.

This Site may contain forward-looking statements that are subject to risks, uncertainties and other factors that could cause actual results to differ materially from those referred to in the forward-looking statements. Please refer to the "Risk Factors" section in the Investor Relations segment of this Site

Spitfire Technology 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. Any rights not expressly granted herein are reserved by Spitfire Technology.

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© 2004 - Spitfire Technology, LLC -- Terms and Usage