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Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ARWEST SITE
Your access to and use of the web sites and pages provided by ArWest Communications Corp. is subject to the following terms and conditions that may be updated by us from time to time without notice to you. In consideration of your use of the ArWest site, or any individual or entity on whose behalf a you access or use the ArWest site, you accept, without limitation or qualification, the following terms and conditions and agree to be bound by the ArWest Privacy Policy.

Please read these terms carefully and often as they are subject to change.

1. Description of Site and Restrictions on Use. ArWest currently provides users with access to online resources, including information regarding ArWest products, support services and a system for purchasing ArWest products. You understand and agree that the ArWest site is provided "as is." Except as expressly provided, ArWest does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. ArWest maintains the ArWest site for your personal information and education. Please feel free to browse the ArWest site. You may print or download material owned by ArWest displayed on the ArWest site for noncommercial, informational, personal use only, provided you retain all copyright and other proprietary notices contained on the materials. Materials include text, graphical images, pictures, diagrams and video materials. You may not publicly display, sell, rent, decompile, reverse engineer, disassemble, distribute, broadcast, transmit, modify, reuse, repost, use, or create derivative works based on the content of the ArWest site in whole or in part for any purpose, without written permission from ArWest in each instance. To access some portions of the ArWest site you may be required to complete a Registration form.

2. Links. Some links on the ArWest site may permit you to leave the ArWest site and access information provided on other sites not under the control of ArWest. ArWest has not reviewed any or all of the sites linked to the ArWest site and is not responsible for the content of any linked site or any other sites linked to the ArWest site. Your linking to the ArWest site, or other sites is at your own risk. ArWest shall not be liable for any loss or damage of any sort incurred as the resort of any such dealings or the result of the presence of such advertisers on the ArWest site. ArWest provides links to you as a convenience and does not imply the recommendation or endorsement of the linked information or company. We welcome links to the ArWest site. You are free to establish a hypertext link to the ArWest site so long as the link and use of the link does not state or imply any sponsorship, endorsement or affiliation of you or your site by ArWest. Without the prior written permission of ArWest, you may not frame any of the content of the ArWest site, or incorporate into another web site or other service the intellectual property of ArWest or any of its licensors.

3. User Conduct. You are prohibited from violating or attempting to violate the security of the ArWest site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the ArWest site, overloading, "flooding," "spamming," "mailbombing" or "crashing," (d) sending unsolicited e-mail, spamming or to transmitting chain letters, junk email or bulk communications, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, including pretending to be someone else or spoofing their identity. Violations of system or network security may result in civil or criminal liability. ArWest will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. ArWest reserves the right to block, filter or delete unsolicited email.

4. International Use. Software and other materials from the ArWest site may also be subject to export controls of the United States and/or such other country whose export restriction may apply. Export Control laws prohibit the export of certain technical data and software to certain territories such as Libya, Cuba, North Korea, Syria, Iran or Iraq. No software or other materials from the ArWest site may be downloaded or exported to any such countries, companies and/or individuals that may be subject to such export restrictions or proscribed by the United States Export Administration Regulations without first complying with the licensing requirements of such regulations. ArWest does not authorize the downloading or exportation of any software or technical data from the ArWest site to any jurisdiction prohibited by the Export Laws.

5. U.S. Government Restricted Rights. The information on the ArWest site is provided with "REStrICTED RIGHTS." Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR 52.227-14 and DFAR 252.227.-7013 et seq. or its successor. Use of the information by the U.S. Government constitutes acknowledgement of ArWest's proprietary rights in the information.

6. Copyright Information. The ArWest site and their contents are protected by copyright, author rights and/or other intellectual property rights which are the property of ArWest or third parties. You should assume that everything you see or read on the ArWest site is copyright protected unless otherwise noted, and may not be used except as provided in these terms and conditions, without the written permission of ArWest. ArWest neither warrants nor represents that your use of materials displayed on the ArWest site will not infringe rights of third parties not owned by or affiliated with ArWest.

7. Trademark Information. The following trademarks, logos, and service marks displayed on the ArWest site are registered and common law trademarks of ArWest and others:

Company, Brands, and Products:
AW100	AlphaWave
AW200	AWLaunch
AW400	AWate
AW215
AW415
AW135	AW100Tx
AW225	AW200Tx
AW435BT	AW400Tx
AW901	AW900Tx
AW2400	AW2400Tx

Outside Names:

Windows95

Windows98

Windows2000

WindowsXP

Windows

CELinux

Other products or company names mentioned in the ArWest site may be the trademarks or registered trademarks of their respective owners. Nothing contained on the ArWest site should be construed as granting, by implication, or otherwise, any license or right to use any trademarks on products, in advertising or publicity, or for any other purpose without the written permission of ArWest r such third party that may own the trademarks. Your use of the trademarks, or any other content on the ArWest site, except as provided in these terms and conditions, is strictly prohibited. You are also advised that ArWest ill aggressively enforce its intellectual property rights to the fullest extent of the law.

8. Use of Images. Images of people or places displayed on the ArWest site are either the property of, or used with permission by, ArWest. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

9. Use of Material by ArWest. Any suggestions, feedback, communication or similar information you transmit to the ArWest site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as non-confidential and nonproprietary. Such information shall be deemed to be provided without any restrictions on use such that ArWest or its affiliates shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. Furthermore, ArWest is free to use any ideas, concepts, know-how, or techniques contained in such feedback, suggestions or communication and the like for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information. Through your usage of the ArWest site, you may submit and/or ArWest may gather certain limited information about you and your web site usage subject to the ArWest Privacy Policy.

10. Disclaimer. ArWest strives to provide you with accurate information. Nevertheless, ArWest makes no warranties or representations as to the ArWest site or their accuracy. The information and materials provided on the ArWest site may include technical inaccuracies, typographical errors or software "bugs." Some information is dated and may not be accurate at a later date. We do not warrant the accuracy or completeness of the information, text, graphics, links or other items on the ArWest site. We may make changes to the performance or pricing of the products described on the ArWest site at any time without notice and we do not commit to updating or continuing to provide information on any subject or product. ArWest reserves the right to refuse to accept or to cancel orders placed for products or services listed at an incorrect price, due to typographical or other error, whether or not the order has been confirmed or your credit card has been charged.

11. Disclaimer of Warranties. Your use of and browsing in the ArWest site are at your risk. You understand and agree that ArWest assumes no responsibility for the timeliness, deletion or incorrect delivery of any communications. ARWEST, ANY OF ITS AFFILIATES, ITS AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF ARWESTHAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONtrACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. ArWest also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the ArWest site or your downloading of any materials, data, text, images, video, or audio from the ArWest site.

12. Termination. ArWest reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ArWest site and any licenses granted through the site (or any part thereof) with or without notice for any reason or no reason whatsoever. You agree that ArWest shall not be liable to you or any third party for any modification, suspension or discontinuance of the ArWest site.

13. General Information. This constitutes the entire agreement between you and ArWest regarding use of the ArWest site, superseding any prior agreement between you and ArWest regarding use of the ArWest site. You may also be subject to additional terms and conditions that may apply when you purchase products or services. ArWest may at any time revise these terms and conditions by updating this posting. The failure of ArWest to exercise or enforce any right shall not constitute a waiver of such right. The ArWest site is controlled and operated by ArWest from its offices within the United States of America. ArWest makes no representation that materials in the ArWest site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the ArWest site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The internal substantive laws of the State of California shall govern any claim relating to the ArWest site or information provided on the ArWest site.

Copyright Information
The ArWest site and its contents are protected by copyright, author rights and/or other intellectual property rights which are the property of ArWest or third parties. You should assume that everything you see or read on the ArWest site is copyright protected unless otherwise noted, and may not be used except as provided in these terms and conditions, without the written permission of ArWest. ArWest neither warrants nor represents that your use of materials displayed on the ArWest site will not infringe rights of third parties not owned by or affiliated with ArWest.

Effective date: September 2, 2004