NEWS ROOM | OUR COMMITMENT
    AMEX SYMB: XNN

   

Terms of Service

Your Agreement with Us: This agreement (“Agreement” or “TOS”) sets forth the terms that apply to your use of this web site (“Site”) and the information, data, text, software, music, audio, photographs, graphics, video, messages or other materials (“Content”), and the software and other services available on the Site (“Services”). Please read this Agreement carefully. You will be subject to the terms of this Agreement if you access or use this Site or register for or use any of the Services. If you do not agree to these terms, you should not access or use this Site or register for or use the Services. Please pay particular attention to the HYPERLINK \l "JuryTrialWaiver" Jury Trial Waiver and HYPERLINK \l "YourPrivacySecurity" Your Privacy/Security provisions of this Agreement. Also, please report any violations of the TOS to us at Xenonics Holdings, Inc., 2236 Rutherford Road, Suite 123, Carlsbad, CA 92008, Attn: Legal Affairs, fax (760) 929-7570. As used in this Agreement, the terms “we” and “us” refer to Xenonics Holdings, Inc.

Your Uploaded Content: By uploading Content to the Site or otherwise Submitting (as defined below) any Content to us, you automatically grant (or represent and warrant to us that the owners of such rights have expressly granted) to us a perpetual, world-wide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, sublicense, translate, create derivative works of and distribute such Content worldwide by means of the Site and Services. The foregoing license does not grant us any ownership of such Content. In addition, you represent and warrant to us that: (a) you have the right to grant to us the foregoing license and that all rights of publicity and privacy and all so-called moral rights in such Content have been waived; (b) that each member of the band or act that created such Content has explicitly consented to your uploading and Submitting the Content and using the band or act’s name; (c) that we will owe no residuals, royalties or other fees in connection with making such Content available on the Site; (d) that such Content does not and will not violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory, obscene, or otherwise unlawful material; and (e) that you are at least eighteen years old. You understand that the technical processing and transmission of your Content may involve transmission over various networks and technical and format changes to conform and adapt to requirements of the Service.

Copyright Infringement: If you believe that anything on this Site infringes your rights under copyright, or that your intellectual property rights have been otherwise violated, please contact our Copyright Agent at Xenonics Holdings, Inc., 2236 Rutherford Road, Suite 123, Carlsbad, CA 92008, Attn: Legal Affairs, fax (760) 929-7570, and provide the following information: a description of the work or other intellectual property that you claim has been infringed; the location (URL or other description) of the infringing material on our Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury of the laws of the State of California and of the United States, that the above information in your notice to us is accurate and that you are (or are authorized to act on behalf of) the copyright or intellectual property owner. Your notice to us must contain your physical signature or a legally-binding electronic signature.

Internet Access: In order to use the Site and Services, you must at your own expense obtain access to the Internet, pay any service fees and telephone or other telecommunications charges (including but not limited to long-distance charges and wireless charges) associated with such access, and provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

Providing Information to Us: Some Services may require that you provide us with information about yourself (e.g., your name, home address, telephone number, e-mail address, and credit card number). If you choose to use such Services, you agree that all such information you provide will be accurate. You agree to notify us if there is a change in any of the information you provide. You represent that you are eighteen years of age or older. Persons under eighteen are not authorized to use this Site or register for any Service.

Using the Services: You may need to provide us with your User ID and Password in order to gain access to certain Services. You will receive each after the registration process is completed. You agree not to disclose your Password to others, and to notify us immediately if you believe its confidentiality has been compromised. You agree to log off your account at the end of each session, so that no one else can gain access to the Services through your account. We reserve the right to log off accounts that are inactive for an extended period of time. You are responsible for all use made of your account. You may not allow others to access or use the Services without our prior written consent.

We may change, add or delete some or all of the Services available at this Site without prior notice. Certain Services may be subject to limitations that are not expressly stated in this Agreement (e.g., the maximum size, number, content and duration of storage of the e-mail messages and postings maintained in our system; limitations on access; the duration that records are maintained; the timeliness of information provided by the Services). Please check the other portions of this Site for additional details. Any added services shall be subject to this Agreement unless explicitly stated otherwise. Some Services depend on the availability of third party networks and services. We assume no responsibility if this Site or a Service becomes unavailable for any reason or fails to meet your requirements, or if any Service provides inaccurate or untimely information.

Your Compliance with Laws and Site Guidelines: You agree to comply with all laws, rules and regulations that apply to your use of this Site and the Services. You also agree that you and any person with access to your account or password will not, directly or indirectly, in connection with or using the Site or Services:

• Violate or breach this Agreement, violate any law, rule or regulation, or encourage any third party to do so or use the Site or Services in a manner that leads to a government complaint or investigation;

• Abuse, harass, stalk, defame, impersonate, invade the privacy of, infringe the rights of (including intellectual property, trade secret, publicity, privacy, business, contractual and fiduciary rights) any third party or collect or store personal data about any third party;

• Harm minors in any way;

• Interfere with the functioning or any other person’s enjoyment of the Site, any Service, or any other Web site or any computer, computer software, computer network, telecommunications facility, server, computer database, Web site or Newsgroup, the Internet, the Web, the Service, or any other system or service owned or controlled by us or any third party (each of which is termed a “System”);

• Sell, use, transmit, create, upload, submit, develop, distribute, publish or display (“Submit”) any Content: that we believe is abusive, libelous, obscene, hateful, harmful, threatening, harassing, offensive, illegal, obscene, vulgar, defamatory, offensive, dangerous, tortious, invasive of another's privacy or infringing of another’s copyrights, rights of privacy or publicity or other rights, or otherwise inappropriate, or that constitutes or includes “junk mail,” “spam,” “pyramid schemes,” get rich quick or sexual solicitations, chain letters or any unsolicited or unauthorized advertising; that violates this Agreement; or that is or contains, accesses or activates any computer virus, worm, spyware, malware, spam, spim, Trojan Horse or other computer code that intentionally manifests contaminating, destructive, harmful, unexpected, unknown or undesired properties (each of which is termed a “Virus”);

• Send unsolicited e-mail messages (including, without limitation, commercial advertising and informational announcements) to more than five (5) e-mail addresses within a short period of time, if such messages could reasonably be expected or do in fact provoke complaints; send unsolicited mass e-mail messages (e.g., to ten (10) or more e-mail addresses); send five (5) or more essentially identical messages to newsgroups, forums, e-mail mailing lists or similar groups or lists; send numerous unsolicited e-mail with requests for charitable contributions, petitions for signatures, or invitations to participate in a chain mail; or post messages, articles and other information on any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list which are substantially off-topic;

• Attempt to, or actually, breach the security of or test the firewalls or the vulnerability of, or interfere with or disrupt or interfere with any third party’s use of, the Site, Service or any System or access an account that does not belong to you or send mass amounts of data or messages (“mail bombs”) to any person or System, with the purpose or effect of impeding the functionality of, or disabling, the recipient System; or

• Forge e-mail headers or other identifiers, impersonate another person or entity, or disguise any user name or the source or quantity of e-mail or other transmissions; use any Service as a mail drop for responses by others, or otherwise use the Site to facilitate activities by others that violate the intent of this Agreement; or relay e-mail without authority through any third-party system.

• Impersonate others, including one of our employees or representatives as well as other users.

Termination or Suspension of Use or Account: We may, with or without notice, terminate or suspend your use of this Site and the Services, and/or your account, if you (or any person with access to your account or password) directly or indirectly violate this Agreement. In addition, violation of this Agreement could result in civil or criminal liability. You agree to comply with the rules of the Systems that you access or use in conjunction with this Site and/or the Services. We reserve the right, but shall have no obligation, to reject, move, or delete Content that we, in our sole discretion, believe violates this Agreement, or contains Content, including Viruses, that may interfere with the operation of the Site. Each site user is solely responsible for the content of his or her messages and uploaded Content. We assume no obligation for the actions of any user who violates these guidelines. We may, but have no obligation to, monitor, and/or retain copies indefinitely of, uploaded Content, message boards, chat rooms or other forums or review Content, or messages posted at such locations, to confirm their compliance with these guidelines. We shall have the right, but not the obligation, to disclose Content to any third party if required by law or if we believe reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect our rights, property, or personal safety, or those of third parties.

Your Privacy/Security: Although we have taken reasonable and appropriate measures to protect your personal information, we cannot and do not guarantee that the personal information you provide will not be intercepted or accessed by others. Please see our HYPERLINK "http:///" Privacy Policy for details regarding the manner in which we collect and use information about you, maintain the confidentiality of your personally identifiable information, and use technology and procedures to maintain security at this Site and for our Services. Your access or use of this Site constitutes your agreement to the terms and conditions of our Privacy Policy, and our use of information gathered about you in accordance with that policy. Our Privacy Policy may be revised from time to time. We may notify you of the changes by mail, email, or by posting a modified Privacy Policy on our Site. Your continued use of the Site or any Service following such notification or posting will constitute your acceptance of the revised Privacy Policy. Accordingly, please check the Site regularly for revisions to the Privacy Policy. Web sites linked to this Site may publish separate privacy and security policies in connection with your use of their sites and services. Please refer to their rules whenever you leave this Site.

You agree to: notify us immediately if you become aware of any unauthorized use of your account, any breach in the confidentiality of your account records, or any breach or attempted breach of security involving the Site or any of the Services; cooperate with law enforcement agencies investigating any unlawful behavior involving your account, the Site, or any of the Services; avoid accessing or attempting to access the non-public areas of this Site or any other user’s password-protected information; and maintain the security of your computer and the confidentiality of any passwords and security codes related to the Services.

Uploaded Content, Linked Sites and Advertisements: From the Site, you may be able to access uploaded Content on the Site and on Web sites and other Systems provided or operated by third parties. Unless we tell you otherwise in writing, we do not operate or control any such Content or any of the information, products or services on such linked Web sites. You acknowledge and agree that: (i) you access such Content and linked sites at your own risk; (ii) we make no representation or warranty, and assume no responsibility for, Content on our Web site and any linked site or the actions or omissions of its/their owners, operators or providers; (iii) we make no endorsement of, and assume no responsibility for, Content uploaded to our Web site or goods or services offered on or advertising on or by any other Web site; (iv) by using the Site and Services, you may be exposed to Content that is offensive, indecent or objectionable; and (v) although we may have a contractual or other relationship with the operators of a linked Web site or the providers of Content, we will not be responsible for the content, accuracy, integrity, availability, timeliness or operation of their Web site or Content. You agree to hold us harmless in connection with all of the foregoing.

Fees and Taxes: If the Site specifies that fees are applicable to your use of Services, then you agree to pay the fees we establish from time to time in connection with the Services. You may cancel your account at any time. We will not refund or pro-rate fees for cancellation in mid month. In the event of any fee increase, you may terminate your account prior to the date the increase becomes effective if you do not wish to pay the increased fee. You will be solely responsible for any federal, state or local sales, use, value added or other tax, tariff, duty or assessment levied or imposed arising out of or related to any of the transactions contemplated under this Agreement or on the Site (excluding taxes based upon our net income). You will pay directly, or reimburse us for, the amount of such sales, use, value added or other tax, tariff, duty or assessment that we are at any time obligated to pay or collect.

Disclaimer of Warranties: THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR SERVICE PROVIDERS MAKE ANY GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THE SITE, CONTENT, ANY SYSTEM, THE SERVICES, THEIR AVAILABILITY OR FUNCTIONALITY OR USE, THE GOODS OR SERVICES ADVERTISED BY THIRD PARTIES VIA THIS SITE OR LINKED SITES, OR THE SUBJECT MATTER OF THIS AGREEMENT. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. WE ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THIS SITE, FOR VIRUSES, OR FOR INFORMATION PROVIDED BY OR ACTIONS OR OMISSIONS OF THIRD PARTIES. WE DO NOT WARRANT ANY CONTENT AVAILABLE AT OR THROUGH THE SITE, AND NO SUCH CONTENT SHALL BEAR OR CREATE ANY WARRANTY BY US. THIS IS AN AGREEMENT FOR THE PROVISION OF SERVICES. YOU AND WE DISCLAIM ANY APPLICABILITY OF THE UNIFORM COMMERCIAL CODE OR UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. Some jurisdictions may not permit the exclusion of limited warranties. This disclaimer will not apply to the extent that a warranty is incapable of exclusion, restriction or modification under applicable law.

Limitation of Liability: You may not be able to access our Site or the Services for a number of reasons, such as, but not limited to: causes beyond our reasonable control; natural catastrophes; governmental actions or omissions; laws or regulations; terrorism; labor strikes or difficulties; Viruses created by third parties; communication system breakdowns; hardware or software failures; our inability to confirm your identity or your authority to act; changes that we make in our user access requirements; our inability to procure the supplies or materials needed to support this Site or the Services; or our inability to access third party networks, systems and services that we need to communicate with you or provide the Services. We assume no responsibility if this Site or any Service cannot be provided, contains errors, or is delayed due to any of these events, or due to an incorrect e-mail address or other contact information provided by you. The information and services provided by the Site or Services are not intended for investing, trading or business purposes, and do not constitute investment advice, or legal, medical or other professional advice. We have no liability for any loss or damage you suffer as a result of relying on the Site, Services or any Content provided by either. You assume the entire risk of use of, and all risks as to the quality and performance of, the Site, Services and any Content provided by either. We make no representation that the operation of the Site or Services will be uninterrupted, timely, secure or error-free. Our aggregate liability to you in connection with this Agreement, the Site and the Services during any twelve (12) month period will not exceed the greater of one hundred dollars ($100) or the amount of fees we collect from you in connection with the Service(s) in question for the twelve (12) months preceding the cause giving rise to your claim. You agree to notify us promptly in writing at Xenonics Holdings, Inc., 2236 Rutherford Road, Suite 123, Carlsbad, CA 92008, Attn: Legal Affairs, fax (760) 438-1184, of any circumstance you believe may form the basis for a claim against us in connection with the Site, the Services or this Agreement.

WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SIMILAR DAMAGES, WHETHER OR NOT THEY ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING CLAIMS FOR LOSS OF GOODWILL, LOST PROFITS, LOST DATA OR CONTENT, LOST USE OF MONEY OR PRODUCTS, STOPPAGE OF WORK, IMPAIRMENT OF ASSETS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE. Certain jurisdictions may limit our ability to disclaim responsibility for these damages and limit our liability. This disclaimer and limitation of liability will not apply to the extent that a liability is incapable of exclusion, restriction or modification under applicable law. You acknowledge and agree that the fees (if any) imposed in connection with the Services have been set in reliance upon the disclaimers and limitations on liability set forth in this Agreement and your agreement to notify us promptly of any problem.

Third Party Content: We may receive, process, and make available to you Content that we receive from you and others. In this regard, we are merely a passive conduit for such Content, although we reserve the right to block or remove any Content that we believe violates this Agreement. We assume no responsibility for determining the accuracy, reliability, timeliness, ownership, legality, appropriateness or completeness of any information that you or others provide to us, nor for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity on the Site. We will not have a duty to interpret or evaluate any Content transmitted to us or through our Site or Services, except to the limited extent, if any, set forth in this Agreement. We will not be required (by means of any security procedure or otherwise) to detect errors or illegality in the transmission or content of any Content we receive from you or third parties. We will not have a duty to notify you about any inaccuracy, unreliability, ownership, incompleteness or other problem that may be associated with third party Content on our Site, even if we have reason to know of its existence. Use of any Content you obtain from our Site is at your own risk.

Purchases: The Site or Services may permit you to purchase goods and services from various third-party online or offline merchants, retailers, vendors, suppliers, services, or individuals (collectively, “Merchants”). The Web pages from which you conduct such transactions may bear our logos, names, trademarks or service marks, or brand identity. Nonetheless, we have no responsibility for any of your transactions with any such Merchants, and make no guarantees, representations or warranties regarding any of them. We shall not be responsible for any loss or damage you or anyone else incurs as a result of such transactions or Merchants.

User Communications and Personalization Settings: The Site and Services may permit you to send or receive communications (such as email, chat, newsgroups and the like) and to store Content and personalized settings for various options. We are not responsible for any delay, deletion, alteration, misdelivery or failure to deliver or store any such communications, Content and settings.

Indemnification: You agree to indemnify, defend and hold us, our affiliates, parents and subsidiaries, our advertisers, the vendors that assist us in providing Services, and our respective directors, officers, employees and agents harmless from and against any and all claims, actions, proceedings, liability, damages and costs (including attorney’s fees) (collectively “Claim”) related to or arising out of: (i) your use of this Site or any of the Services; (ii) Content you Submit; (iii) your use of Content made available through this Site by third parties; (iv) your breach of any representation, warranty or other provision of this Agreement; or (v) or your violation of any law or the rights of a third party. This paragraph will survive the termination or expiration of this Agreement. You agree to cooperate fully in the defense or settlement of any such claim and not to settle any Claim without our express written consent. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Our Intellectual Property: You acknowledge and agree that the software and Content used by us in the operation of this Site and provision of the Services, and the copyright, patent, trademark, trade secret and all other rights in and to the technology, software, Content, designs, graphics, and trademarks included by us in this Site and as part of the Services (collectively, the “Intellectual Property”), are proprietary to us and our licensors. As such, you will not gain any ownership or other right, title or interest in or to such Intellectual Property by reason of this Agreement or otherwise. You may use, reproduce, duplicate, copy and distribute the Content found at the Site or provided by the Services only for your personal, noncommercial use. You may not distribute, use, reproduce, duplicate, copy, publish, sell, or otherwise transfer (a) any portion or element of the Services or the Intellectual Property (b) use of the Site, Services or Intellectual Property, or (c) access to the Site, Services or Intellectual Property. You may not (d) create derivative works of any portion or element of the Site, Services or Intellectual Property, without our express written consent in each instance; (e) reverse engineer, modify, decompile or disassemble any of the Intellectual Property; (f) deactivate or disable any password protection or other protection, security or reliability technology we incorporate in the Site or the Services; (g) modify or erase any copyright, trademark, instruction or other notice we place at the Site; (h) engage in the practice known as “screen-scraping” or otherwise attempt to, or actually, obtain copies of Content provided at the site or a list of our Content or Site users, or use computer programs (sometimes known as “scrapers,” “spiders,” “robots” or “bots”) to systematically access and download data; (i) access the Services by any means other than via the Site; (j) frame the Site, or any Intellectual Property; or (k) use any circumvention tools, meta tags or any other “hidden text” utilizing our name, trademark, URL, product name or other Intellectual Property. You agree to comply with the terms of any license agreement we make available to you with any software.

We reserve the right to revoke your use of the Site, the Services and your account if you violate any of the provisions of this Section.

Jury Trial Waiver: YOU AND WE WAIVE ANY RIGHT YOU OR WE MAY HAVE TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM, DISPUTE OR LITIGATION THAT ARISES BETWEEN US IN CONNECTION WITH THIS AGREEMENT, THE SITE OR THE SERVICES. You understand that you are giving up state and federal constitutional rights to a trial before a jury. This does not affect your or our right to a trial before a judge.

Time for Bringing Actions: Any claim or proceeding by you to enforce the terms of this Agreement or to recover for any loss related to this Agreement, the Site or any Service must be commenced within one (1) year from the date that the event giving rise to the claim, action or proceeding first occurs.

Termination: You or we may terminate this Agreement at any time without cause. We may immediately terminate or suspend your use of the Site and/or any Services and/or revoke your account if we have reason to believe that you or any user of your account is in violation of this Agreement of any of the user guidelines set forth above or if you fail to pays fees when due. Following any termination or expiration, you will have no further right to access or use the Site or any Service, but the terms of this Agreement will continue to apply to any obligations incurred or arising prior to its termination.
The following sections shall survive any termination of the Agreement: Your Compliance with Laws and Site Guidelines; Disclaimer of Warranties; Limitation of Liability; Indemnification; Our Intellectual Property; Time for Bringing Actions; Termination; and Miscellaneous.

Miscellaneous

Amendments to Agreement. We may add to, delete from, or change the terms of this Agreement from time to time. We may notify you of the changes by mail, email, or by posting a modified Agreement on our Site. Your continued use of the Site or any Service following such notification or posting will constitute your acceptance of the revised Agreement. Accordingly, please check the Site regularly for revisions to this Agreement. No obligation or warranty enforceable against us shall be created by any oral statement by any of our employees or agents nor by any email from any of our employees or agents addressed specifically to you (as opposed to a general email from us explicitly notifying you and other users of an change in this Agreement). You may not amend this Agreement.

Modifications to Site and Service. We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site, Services, or any part thereof, with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Service.

California Law. The validity, construction, interpretation and legal effect of this Agreement will be governed by the laws of the State of California, without reference to its conflict of law provisions. This Agreement is deemed accepted, executed and performed in California. We make no representation that the Content in this Site is appropriate or available for use in all locations. You agree to comply with any laws that apply to your access and use of this Site or the Services, including laws particular to your locality, state or country.

Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and us with respect to the subject matter.

No Third Party Rights; Assignment. This Agreement is for the benefit of the parties and our third party Content, software and service providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf. No other person has any rights under this Agreement. You may not allow others to access or use the Services without our prior written consent. You may not sell, assign or transfer your rights or obligations under this Agreement without our prior written consent. We may sell, assign or transfer our rights or obligations under this Agreement to any party at any time without notice.

Notices. You may send notices to us at Xenonics Holdings, Inc., 2236 Rutherford Road, Suite 123, Carlsbad, CA 92008, Attn: Legal Affairs, tel. fax (760) 438-1184. We may send notices to you at your postal or e-mail address, or by posting a message to you, or to users generally, at our Site.

Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will continue in effect.

Waiver. Any waiver of the provisions of this Agreement must be in writing to be valid. No waiver will occur as a result of a usage of trade, custom or practice or of the course of conduct between the parties. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Relationship of the Parties. This Agreement does not create any partnership, joint venture or agency relationship, or any fiduciary or confidential relationship between us and you.

Force Majeure. We are not liable for any delay in or failure of performance by us caused by any occurrence beyond the reasonable control of such party including acts of God, natural causes, earthquake, flood, fire, events of force majeure, power or service outages, hardware, software, equipment, system, mechanical or telecommunications failures or errors, acts, omissions or failures of third parties, criminal acts, acts of so-called hackers or crackers, Viruses, denial of service attacks, strikes, riots, labor disturbances, civil unrest, war and governmental restrictions.

U.S. Government Restricted Rights. The Site and Services are provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government of any component of the Service is subject to restrictions as set forth in subdivision subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement, as applicable. The contractor/manufacturer of this Software is Xenonics Holdings, Inc., 2236 Rutherford Road, Suite 123, Carlsbad, CA 92008.

PLEASE PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

 

Back to Top >

 

PDF LIBRARY | PRIVACY POLICY | TERMS & CONDITIONS | WARRANTY REGISTRATION

GSA dod emall

          Copyright © 2008 Xenonics Holdings, Inc.