Our System
The first thing we get asked is 'How does this stuff work?' Well, just push the start button.
Actually, we have gone to great lengths to build our equipment using the best available technology, and make it the most reliable piece of equipment in your plant.
The second question people ask is 'How much does it cost?' Well, it's not cheap, and will require a significant capital investment. We can say it may produce the best Return on Investment of anything you've bought recently, and make your financial people less tense than visiting their in-laws in Montana.
For a small mill, for a single point installation, our equipment will run about $2.95M USD, for a medium size mill about $3.95M USD, and for a big mill about $4.95M USD, + freight. All components are ex:Works from point of manufacture to your plant. We install the equipment on your site with our own service crew, highly skilled and specially trained in their task. We do not supply equipment for installation by others, and if your work rules prohibit on site work by the equipment manufacturer, then unfortunately we will not be able to be of assistance. For a second point installation at the same time, which we will sometimes recommend, add 65% to the base price.
These are budgetary numbers, and prior to a final proposal we will visit your plant for ten days and mutually work out a detailed proposal, with cashflow and delivery commitments. This visit must be at client expense, prepaid, for time on site plus round trip travel from our US base in Austin, Texas. If a contract is finalized, proposal development costs will be fully credited.
We are able to work internationally, but we use the United States Dollar as all our economic units, as it is most widely used. In these periods of current economic uncertainty, we do however share your own concerns about the stability of a contract that may stretch many months, or a relationship that may stretch into years. Accordingly, we base our underlying value on the base price of one ounce of gold at $1,000USD, and will use a multiplier for final contract based on the ratio of the current price of gold, as listed on goldprice.org daily, and our contract base price. Today, for instance, gold is somewhat overvalued at $1,863.35 (or the USD is undervalued), so we would use a multiplier of 1.86335 for a commitment we would enter into today. This would be valid for the life of one contract, currently 14-16 weeks after receipt of order. We view this system as for our mutual protection, especially in view of the wide swings in economic value of almost any assets, and the wide disagreement among economists of many persuasions as to the most effective course of action in returning to some semblance of stability.
We continue to offer a matching contribution of up to 10% of the gross value of a supply contract, for client contributions to the Wounded Warrior Fund.
Please use our contact form to arrange a visit to your facility, or to find out more.
LICENSING-
ENGLISH
IMPORTANT: BY Engaging XSTechnology, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING XSTechnology AND THIRD PARTY TERMS:
A. XSTechnology LICENSE AGREEMENT
B. NOTICES FROM XSTechnology
C. XSTechnology TERMS AND CONDITIONS
D. XSTechnology FUTURE TERMS AND CONDITIONS, Most Recent Update
XSTechnology
XSTechnology LICENSE AGREEMENT
Single Use License
PLEASE READ THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE Engaging XSTechnology OR reviewing any sales literature or proposals ACCOMPANYING THIS LICENSE. BY reading or downloading this License, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, UNLESS YOU RETURN THE Works IN ACCORDANCE WITH XSTechnology'S RETURN POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT Read Further. Thank You. GoodBye.
IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE Works WITHIN THE RETURN PERIOD TO XSTechnology OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO XSTechnology's RETURN POLICY. NO RETURN of surrendered FUNDS, either Deposit or Purchase, is Permitted under any imaginable Circumstance. All services must be prepaid.
1. General. XSTechnology services, including but not limited to on- or off-site visits or consultations, films or photos, drawings or diagrams, solicitations or contracts, third-party research, equipment provision or installation, operating or maintenance instruction, inspections, or any other work, original or as may be updated or replaced by feature enhancements, updates or restorations provided by XSTechnology, in any form, are licensed, not sold, to you by XSTechnology for use only under the terms of this License. XSTechnology and its licensors retain ownership of work products of XSTechnology itself and reserve all rights not expressly granted to you.
XSTechnology, at its sole discretion, may make available future updates to any work product for your location. Updates, if any, may not necessarily include all existing software features, or new features that XSTechnology releases for other locations, yours or other clients.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the provided services of XSTechnology at a single location. Except as permitted in Section 2(b) below, this License does not allow the services to exist on more than one approved location at a time, and you may not distribute or make the services available over any information sharing network where it could be used by other potential clients of XSTechnology at the same time. This License does not grant you any rights to use services of XSTechnology and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use or sale by or to any others. Some of those rights are available under separate licenses from XSTechnology. Though unlikely. For more information on developing third party devices and accessories for the Works, please email [email protected]. For more information on developing software applications for the Works, please email [email protected].
(c) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the XSTechnology installation or any services provided by XSTechnology, or any part thereof . Any attempt to do so is a violation of the rights of XSTechnology and its licensors..
(e) You agree to use the XSTechnology equipment and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside.
3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the XSTechnology Works. You may, however, make a one-time permanent transfer of all of your license rights to the XSTechnology Works to another party in connection with the transfer of ownership of your plant. provided that: (a) the transfer must include your Works and all of the Works Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Works, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Works reads and agrees to accept the terms and conditions of this License.
4. Consent to Use of Data.
(a) Anonymous Diagnostic and Usage Data.You agree that XSTechnology and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your works, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the works, and to verify compliance with the terms of this License. XSTechnology may use this information, as long as it is collected anonymously in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. Services and Third Party Materials.
(e) You agree that the Services contain proprietary content, information and material that is owned by XSTechnology and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to patent and copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or XSTechnology. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that XSTechnology is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from XSTechnology if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the equipment. Sections 5, 6, 7, 8, 9, 12 and 13 of this License shall survive any such termination.
7. Disclaimer of Warranties.
7.1 If you are a customer who is a consumer (someone who uses the Works outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF XSTechnology SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE XSTechnology SOFTWARE AND SERVICES PERFORMED BY THE Works ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XSTechnology AND XSTechnology 'S LICENSORS (COLLECTIVELY REFERRED TO AS " XSTechnology " FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Works SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.4 XSTechnology DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE XSTechnology SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE XSTechnology equipment WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE XSTechnology WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE XSTechnology WILL BE CORRECTED, OR THAT THE XSTechnology Works WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
7.5 YOU FURTHER ACKNOWLEDGE THAT THE XSTechnology ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE XSTechnology COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XSTechnology OR AN XSTechnology AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE XSTechnology PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL XSTechnology BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE XSTechnology SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE XSTechnology, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF XSTechnology HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall XSTechnology's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (U.S.$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Mods. The XSTechnology contains functionality that allows it to accept modifications either issued from XSTechnology or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON SUITABILITY WHETHER ENDORSED BY XSTechnology OR A THIRD PARTY. YOUR USE OF SUITABILITY INFORMATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XSTechnology MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.
10. Export Control. You may not use or otherwise export or re-export the Works except as authorized by United States law and the laws of the jurisdiction(s) in which the Works was obtained. In particular, but without limitation, the Works may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Works, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Works for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
11. Government End Users. The XSTechnology Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the Country of Peru, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and XSTechnology relating to the works and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by XSTechnology. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
14. Third Party Acknowledgements. Portions of the works may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Works, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (<http://www.google.com/terms_of_service.html>) and to Google's Privacy Policy (http://www.google.com/privacypolicy.html <%22http>).
--------------------------------------------------------------
NOTICES FROM XSTechnology
If XSTechnology needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.
--------------------------------------------------------------
Terms and Conditions
Disclaimer - No Warranty
Because of the unavoidable danger associated with the use of the Works, neither the manufacturer nor installer make any warranty, either expressed or implied. The Works is sold with all its faults and without any warranty of fitness for any purpose. Manufacturer also disclaims any liability in tort for damages, direct or consequential, including personal injuries, resulting from a malfunction or from a defect in design, material, workmanship, or manufacturing whether caused by negligence on the part of the manufacturer or otherwise.
By using these Works, or allowing it to be used by others, the buyer waives any liability for personal injuries or other damages arising from such use.
Future Terms and Conditions
To Be Released Real Soon Now
Actually, we have gone to great lengths to build our equipment using the best available technology, and make it the most reliable piece of equipment in your plant.
The second question people ask is 'How much does it cost?' Well, it's not cheap, and will require a significant capital investment. We can say it may produce the best Return on Investment of anything you've bought recently, and make your financial people less tense than visiting their in-laws in Montana.
For a small mill, for a single point installation, our equipment will run about $2.95M USD, for a medium size mill about $3.95M USD, and for a big mill about $4.95M USD, + freight. All components are ex:Works from point of manufacture to your plant. We install the equipment on your site with our own service crew, highly skilled and specially trained in their task. We do not supply equipment for installation by others, and if your work rules prohibit on site work by the equipment manufacturer, then unfortunately we will not be able to be of assistance. For a second point installation at the same time, which we will sometimes recommend, add 65% to the base price.
These are budgetary numbers, and prior to a final proposal we will visit your plant for ten days and mutually work out a detailed proposal, with cashflow and delivery commitments. This visit must be at client expense, prepaid, for time on site plus round trip travel from our US base in Austin, Texas. If a contract is finalized, proposal development costs will be fully credited.
We are able to work internationally, but we use the United States Dollar as all our economic units, as it is most widely used. In these periods of current economic uncertainty, we do however share your own concerns about the stability of a contract that may stretch many months, or a relationship that may stretch into years. Accordingly, we base our underlying value on the base price of one ounce of gold at $1,000USD, and will use a multiplier for final contract based on the ratio of the current price of gold, as listed on goldprice.org daily, and our contract base price. Today, for instance, gold is somewhat overvalued at $1,863.35 (or the USD is undervalued), so we would use a multiplier of 1.86335 for a commitment we would enter into today. This would be valid for the life of one contract, currently 14-16 weeks after receipt of order. We view this system as for our mutual protection, especially in view of the wide swings in economic value of almost any assets, and the wide disagreement among economists of many persuasions as to the most effective course of action in returning to some semblance of stability.
We continue to offer a matching contribution of up to 10% of the gross value of a supply contract, for client contributions to the Wounded Warrior Fund.
Please use our contact form to arrange a visit to your facility, or to find out more.
LICENSING-
ENGLISH
IMPORTANT: BY Engaging XSTechnology, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING XSTechnology AND THIRD PARTY TERMS:
A. XSTechnology LICENSE AGREEMENT
B. NOTICES FROM XSTechnology
C. XSTechnology TERMS AND CONDITIONS
D. XSTechnology FUTURE TERMS AND CONDITIONS, Most Recent Update
XSTechnology
XSTechnology LICENSE AGREEMENT
Single Use License
PLEASE READ THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE Engaging XSTechnology OR reviewing any sales literature or proposals ACCOMPANYING THIS LICENSE. BY reading or downloading this License, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, UNLESS YOU RETURN THE Works IN ACCORDANCE WITH XSTechnology'S RETURN POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT Read Further. Thank You. GoodBye.
IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE Works WITHIN THE RETURN PERIOD TO XSTechnology OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO XSTechnology's RETURN POLICY. NO RETURN of surrendered FUNDS, either Deposit or Purchase, is Permitted under any imaginable Circumstance. All services must be prepaid.
1. General. XSTechnology services, including but not limited to on- or off-site visits or consultations, films or photos, drawings or diagrams, solicitations or contracts, third-party research, equipment provision or installation, operating or maintenance instruction, inspections, or any other work, original or as may be updated or replaced by feature enhancements, updates or restorations provided by XSTechnology, in any form, are licensed, not sold, to you by XSTechnology for use only under the terms of this License. XSTechnology and its licensors retain ownership of work products of XSTechnology itself and reserve all rights not expressly granted to you.
XSTechnology, at its sole discretion, may make available future updates to any work product for your location. Updates, if any, may not necessarily include all existing software features, or new features that XSTechnology releases for other locations, yours or other clients.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the provided services of XSTechnology at a single location. Except as permitted in Section 2(b) below, this License does not allow the services to exist on more than one approved location at a time, and you may not distribute or make the services available over any information sharing network where it could be used by other potential clients of XSTechnology at the same time. This License does not grant you any rights to use services of XSTechnology and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use or sale by or to any others. Some of those rights are available under separate licenses from XSTechnology. Though unlikely. For more information on developing third party devices and accessories for the Works, please email [email protected]. For more information on developing software applications for the Works, please email [email protected].
(c) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the XSTechnology installation or any services provided by XSTechnology, or any part thereof . Any attempt to do so is a violation of the rights of XSTechnology and its licensors..
(e) You agree to use the XSTechnology equipment and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside.
3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the XSTechnology Works. You may, however, make a one-time permanent transfer of all of your license rights to the XSTechnology Works to another party in connection with the transfer of ownership of your plant. provided that: (a) the transfer must include your Works and all of the Works Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Works, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Works reads and agrees to accept the terms and conditions of this License.
4. Consent to Use of Data.
(a) Anonymous Diagnostic and Usage Data.You agree that XSTechnology and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your works, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the works, and to verify compliance with the terms of this License. XSTechnology may use this information, as long as it is collected anonymously in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. Services and Third Party Materials.
(e) You agree that the Services contain proprietary content, information and material that is owned by XSTechnology and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to patent and copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or XSTechnology. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that XSTechnology is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from XSTechnology if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the equipment. Sections 5, 6, 7, 8, 9, 12 and 13 of this License shall survive any such termination.
7. Disclaimer of Warranties.
7.1 If you are a customer who is a consumer (someone who uses the Works outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF XSTechnology SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE XSTechnology SOFTWARE AND SERVICES PERFORMED BY THE Works ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XSTechnology AND XSTechnology 'S LICENSORS (COLLECTIVELY REFERRED TO AS " XSTechnology " FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Works SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.4 XSTechnology DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE XSTechnology SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE XSTechnology equipment WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE XSTechnology WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE XSTechnology WILL BE CORRECTED, OR THAT THE XSTechnology Works WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
7.5 YOU FURTHER ACKNOWLEDGE THAT THE XSTechnology ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE XSTechnology COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XSTechnology OR AN XSTechnology AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE XSTechnology PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL XSTechnology BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE XSTechnology SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE XSTechnology, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF XSTechnology HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall XSTechnology's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (U.S.$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Mods. The XSTechnology contains functionality that allows it to accept modifications either issued from XSTechnology or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON SUITABILITY WHETHER ENDORSED BY XSTechnology OR A THIRD PARTY. YOUR USE OF SUITABILITY INFORMATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XSTechnology MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.
10. Export Control. You may not use or otherwise export or re-export the Works except as authorized by United States law and the laws of the jurisdiction(s) in which the Works was obtained. In particular, but without limitation, the Works may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Works, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Works for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
11. Government End Users. The XSTechnology Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the Country of Peru, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and XSTechnology relating to the works and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by XSTechnology. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
14. Third Party Acknowledgements. Portions of the works may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Works, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (<http://www.google.com/terms_of_service.html>) and to Google's Privacy Policy (http://www.google.com/privacypolicy.html <%22http>).
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NOTICES FROM XSTechnology
If XSTechnology needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.
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Terms and Conditions
Disclaimer - No Warranty
Because of the unavoidable danger associated with the use of the Works, neither the manufacturer nor installer make any warranty, either expressed or implied. The Works is sold with all its faults and without any warranty of fitness for any purpose. Manufacturer also disclaims any liability in tort for damages, direct or consequential, including personal injuries, resulting from a malfunction or from a defect in design, material, workmanship, or manufacturing whether caused by negligence on the part of the manufacturer or otherwise.
By using these Works, or allowing it to be used by others, the buyer waives any liability for personal injuries or other damages arising from such use.
Future Terms and Conditions
To Be Released Real Soon Now