Access to and use of all services, products, and materials published or otherwise accessible through XML
Global Technologies, Inc. ("XML Global") and its web site(s) having the second level domain XMLGLOBAL.COM
(the "Site"), including, but not limited to, all web pages, links, and content making up the site, and all
search services, specialty services, and other services available from the Site (the "Services") are subject
to the following notices, terms, and conditions. In addition, when using particular XML Global services,
any posted notices, terms and conditions applicable to such services are hereby incorporated by reference.
By using any of the Services or any of the Site, acceptance of the notices, terms and conditions is
indicated. XML Global may change these notices, terms, and conditions from time to time without notice.
In order to use the Services and the Site, access must be obtained either directly or through devices that access
web-based content, and any service fees associated with such access must be paid. All equipment necessary to
access the Services including computer, modem and other devices must also be provided by the user.
1. COPYRIGHT, TRADE-MARKS AND OTHER INTELLECTUAL PROPERTY.
Except where specifically indicated otherwise, all references on the Site to "XML Global", "XML Global",
"XML Global Technologies", and "XML Global Technologies" are references to XML Global Technologies, Inc., a
Colorado corporation having offices in the United States at 701 Dexter Avenue, Suite 420, Seattle, Washington,
98109 and offices in Canada at 1818 Cornwall Avenue, Suite 9,Vancouver, British Columbia V6J 1C7.
All content included on this Site, including, but not limited to, text, photographs, images, illustrations,
video clips, audio clips, multimedia files, graphics, logos, icons, software and other materials
(collectively, the "Content") is owned or controlled by XML Global or the party credited as the provider
of the content as the case may be.
This Site and all Content is Copyright © 1999-2002 XML Global Technologies, Inc. or, where indicated,
copyright its suppliers or licensors. All rights are reserved unless expressly indicated otherwise.
The Site, the Content and all materials published or otherwise accessible through XML Global or this Site are
protected as a collective work and/or compilation pursuant to copyright laws, international conventions and
other applicable intellectual property laws. Any reproduction, modification, publication, transmission,
transfer, sale, distribution, performance, display or exploitation of any of the Content or the Services,
whether in whole or in part, without the express written permission of XML Global, is strictly prohibited.
XMLGLOBAL, GOXML, LECART, CART NETWORK, EXPRESSXCHG, XCHG, XOSP, XHML, XOP, XML COMMERCEPRO, XQI, XSLT, CONVERT2XML,
and other logos, designs, trade names and trade-marks used on the Site are trade-marks of XML Global or, where
identified, its licensors. No right or license is granted by XML Global to use any trade-marks, logos, designs or
trade names used on this Site. No trade-marks used on this Site and owned or controlled by XML Global may be
displayed or used in any manner without express written consent from XML Global.
GoXML™ Transform is covered by US Patent No. 6,418,400
2. USE OF THE SITE.
This Site may not, in whole or in part, be reproduced, modified, transmitted, transferred, sold, distributed, displayed
or otherwise exploited, except to the extent expressly permitted herein. XML Global and its affiliates reserve the right
to refuse service, terminate accounts, and/or cancel orders in its discretion. Any software that is made available to
download from this Site is owned or controlled by XML Global and is protected by copyright laws and international treaty
provisions (the "Software"). Use of the Software is governed by the terms of the end-user license agreement, if any, which
accompanies or is included with the Software ("License Agreement"). Any Software that is accompanied by or includes a
License Agreement may not be installed or used unless the terms of the License Agreement are agreed to. For any Software
not accompanied by a license agreement, XML Global grants a personal, non-transferable, indivisible and non-exclusive
license to use the Software on a single computer provided that all copyright and proprietary notices are respected. Any
reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible. The Software is warranted, if at all, only
according to the terms of the License Agreement. The Software, and any accompanying documentation and/or technical
information, is subject to applicable export control laws and regulations of Canada.
3. NO LICENSE GRANTED.
Except as expressly provided in Section 2 above, nothing on this Site shall be construed as conferring any license or
other rights under the intellectual property or other proprietary rights of XML Global, its affiliates or any third party.
4. MODIFICATIONS TO SERVICE, CONTENT, OR SITE.
XML Global reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently,
any or all of the Services, the Content, or Site with or without notice. XML Global will not be liable to you or any
third party for any modification, suspension or discontinuance of any Services, any Content, or of this Site.
When registering to use any of the Services, you agree to provide true, accurate and complete information, as
prompted by the Service's registration form, and to update this information to keep it true, accurate and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or XML Global has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete, XML Global may suspend or
terminate your use of the Services. Any information that you provide to XML Global is subject to the terms of our
6. ACCOUNT INFORMATION AND PASSWORD SECURITY.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible
for all activities regarding your password and account whether or not authorized by you. You agree to log off
of the Services at the end of each session and to immediately notify XML Global of any unauthorized use of your
password or account or any other breach of security. XML Global cannot and will not be liable to you or to any
third party for any loss or damage arising from your failure to comply with the terms of this paragraph.
7. DISCLAIMER OF WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS.
THIS SITE, THE SERVICES, AND THE INFORMATION, SOFTWARE, PRODUCTS, RELATED GRAPHICS AND OTHER CONTENT INCLUDED
IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" BASIS AND ARE SUBJECT TO CHANGE AT
ANY TIME WITHOUT NOTICE TO YOU. XML Global MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR AGREEMENTS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF ANY OF THE SERVICES OR THE CONTENT CONTAINED
ON THIS SITE FOR ANY PURPOSE. EXCEPT TO THE EXTENT EXPRESSLY SET OUT ON THIS LEGAL INFORMATION PAGE, XML Global
HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, I
NCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOMER TRADE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
This Site may contain links to other web sites for your convenience. These third party web sites are not under the
control of XML Global and, as such, XML Global disclaims any responsibility for such third party web sites or their
content. Unless expressly stated by XML Global, no recommendation or endorsement is made by XML Global of any products,
services or web sites of any third parties and XML Global does not make any determination whether any such products,
services or web sites may be either necessary or appropriate for your use or the use of others.
8. LIMITATION OF LIABILITY.
IN NO EVENT SHALL XML Global, ITS SUBSIDIARIES, ITS AFFILIATES, OR ANY OF ITS CONTENT PROVIDERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR OTHER INTANGIBLES ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF ANY SERVICE, ANY OF
THE CONTENT OR THIS WEB SITE, EVEN IF XML Global HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES
AND WHETHER OR NOT SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
9. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT
APPLY TO YOU OR MAY NOT APPLY TO YOU TO THE EXTENT INDICATED.
10. CONFIDENTIALITY WARNING.
its systems. Nevertheless, it should be noted that the Internet is not a secure medium and privacy cannot be
guaranteed. As a result, information transmitted to XML Global is done at your own risk and XML Global will
not be responsible for any damages you may suffer as a result of transmitting confidential information to XML
Global or from its online products or services.
11. UNSOLICITED IDEA SUBMISSION POLICY.
XML Global or any of its affiliates do not accept or consider unsolicited ideas, including ideas for new
advertising campaigns, new promotions, new products or technologies, processes, materials, marketing
plans or new product names. Do not send any such ideas or original creative artwork, samples, demos, or
other works to XML Global. The sole purpose of this policy is to avoid potential misunderstandings or
disputes when XML Global's products or marketing strategies might seem similar to ideas submitted to XML
Global. If, despite our request that you not send us your ideas and materials, you still send them, please
understand that XML Global makes no assurances that your ideas and materials will be treated as confidential
12. APPLICABLE LAW.
XML Global reserves the right to make changes to this Site and these disclaimers, terms, conditions, and
notices at any time.
This agreement constitutes the entire agreement between you and XML Global with respect to this Site,
the Content, and the Services, and this agreement supersedes all previous communications, representations,
warranties, understandings, and agreements, whether electronic, oral or written, between you and XML Global.
This site is controlled by XML Global in the Province of British Columbia, Canada. As such, the laws
applicable in the Province of British Columbia and where applicable, Canada, will govern these disclaimers,
terms, conditions, and notices, without giving effect to any principles of conflicts of laws. You hereby
consent and submit to the non-exclusive jurisdiction of the courts of the Province of British Columbia in any
action or proceeding instituted under or related to this agreement. You agree not to commence any action or
proceeding except in Vancouver, Canada. Use of this Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without limitation this paragraph.
XML Global's performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of XML Global's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of this Site or information provided
to or gathered by XML Global with respect to such use. If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will
be limited and enforced to the full extent possible by law.
14. ALL RIGHTS RESERVED.
Any rights not expressly granted herein are reserved