Agetec, Inc.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

ACCEPTANCE OF CONTRACT TERMS
The following are terms of a legal agreement between you and AGETEC Inc., (hereinafter referred to as "AGETEC"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this Site is protected by law, including, but not limited to, United States Copyright and Trademark law and international treaties. This Site is controlled and operated by AGETEC from its offices within the United States. AGETEC makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content may be are illegal are prohibited by AGETEC. Those who choose to access this Site from other locations, hereby do so on at their own sole risk, and are fully responsible for compliance with applicable local laws and regulations.

USER RESTRICTIONS
The copyright in all material provided on this Site is held by AGETEC or by the controller of the copyright or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AGETEC or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only provided you do not modify, copy or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without AGETEC's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of AGETEC's proprietary rights in them.

TRADEMARKS
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of AGETEC and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. AGETEC aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including both AGETEC's and others, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. AGETEC prohibits use of the AGETEC logo as a "hot" link to any other web site unless establishment of such link is approved in advance by AGETEC in writing. A partial list of AGETEC Trademarks follows: AGETEC, AGETEC INC., the AGETEC logo, AGETEC INTERNATIONAL, AGETEC GERMANY, RUSHWARE, SOFTGOLD, GAME FX, PACIFIC COAST POWER & LIGHT, the PACIFIC COAST POWER & LIGHT logo, HEAVY IRON STUDIOS, the HEAVY IRON STUDIOS logo, SNOWBOARDING, CHAMPIONSHIP MOTOCROSS FEATURING RICKY CARMICHAEL, SLAP HAPPY, FELONY PURSUIT, ASHES 2 ASHES, GAME FX, and KOKOPELI DIGITAL STUDIOS.

DISCLAIMER OF WARRANTY
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, AGETEC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. AGETEC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AGETEC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF AGETEC OR A AGETEC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AGETEC and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. AGETEC may make changes to these materials, or to the products described therein, at any time without notice. AGETEC makes no commitment to update the materials.

POSTINGS
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by AGETEC for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

INDEMNIFICATIONS
You agree to indemnify, defend and hold AGETEC and its respective officers, directors, owners, agents, information providers and licensors (collectively, the "AGETEC Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys' fees) incurred by any AGETEC Party in connection with any use or alleged use of the chat rooms, bulletin boards, or other user forums by you. AGETEC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with AGETEC's defense of such claim.

GENERAL
You should be aware that when you are on AGETEC's Site, you could be directed to other sites that are beyond our control. There may be links to other sites from AGETEC that take you outside our service. We take no responsibility and assume no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. You shall not upload to, distribute through, or otherwise publish through this Site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

AGETEC may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the United States federal and California state courts located in the County of Santa Clara, California. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by AGETEC in the United States federal and California state courts located in the County of Santa Clara, California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of AGETEC's agents, licensors, licensees, successors, and assigns.