Xena Business Terms

EULA

You can download our End User License Agreement (EULA) here: EULA


GENERAL TERMS AND CONDITIONS (US)

of Xena Networks Inc for the delivery of goods and services

If, in connection with the sale of certain Xena Networks Inc (“Xena Networks”) products and/or services, Xena Networks provided to you (“Buyer”) a written sales acknowledgement that references these Terms and Conditions (an “Acknowledgement”), all references herein to the “quotation” shall be interpreted as references to that Acknowledgement for purposes of that sale. If Buyer and Xena Networks have signed a written agreement regarding the sale of the products and services specified in the quotation (collectively, the “Products”), that agreement shall govern the sale of the Products and these Terms and Conditions shall not apply. In the absence of such an agreement, these Terms and Conditions shall govern the sale of the Products.

1. ACCEPTANCE – The quotation provided by Xena Networks for sale of any Xena Networks Product, these General Terms and Conditions of Sale, and the Xena 12-Month Warranty Agreement accompanying any Products (the “Warranty”) are collectively referred to herein as the “Agreement”. The Agreement shall prevail over terms and conditions contained in any purchase order, confirmation or other writing submitted by Buyer to Xena Networks. “Acceptance” by Buyer shall occur immediately upon the receipt of any Xena Networks Product. Acceptance by Buyer is limited to the terms of this Agreement. This offer may be revoked by Xena Networks at any time prior to Acceptance by Buyer.

2. PRICES – Prices for the Products are as set forth in the attached quotation. All prices are exclusive of all federal, state, municipal or other government excise, sales, use, occupational or like taxes or duties, tariffs, fees or charges (“Tax(es)”) now in force or enacted in the future. All Taxes shall be payable by Buyer, unless Buyer presents Xena Networks with a proper certificate of exemption from such Tax. Should Xena Networks be required to pay any such Tax at the time of sale or thereafter, Buyer shall promptly reimburse Xena Networks therefore. Unless otherwise stated, all amounts set forth in the Agreement, and on Xena Networks’ corresponding invoices, are in U.S. currency.

3. PAYMENT; SECURITY – Buyer shall pay: one hundred percent (100%) of the purchase price of each Product, due and payable within 30 days from invoice date. All payments to Xena Networks shall be in U.S. dollars, free of any restrictions or withholdings. Buyer shall have no right to withhold any amount due Xena Networks under this Agreement because of a claim Buyer may have against Xena Networks. When, in Xena Network sole opinion, Buyer’s financial condition or previous payment record so warrants, or the available financial information to Xena Networks regarding Buyer is limited, Xena Networks reserves the right to change the credit terms at any time. Xena Networks reserves the right to require payment in advance by wire transfer, confirmed irrevocable letter of credit or such other means as are acceptable to Xena Networks. Buyer hereby grants and Xena Networks reserves a purchase money security interest in each Product purchased hereunder, and in any proceeds thereof, for all Buyer’s obligations hereunder until the total purchase price is paid. Xena Networks reserves all rights granted to a secured creditor under the Uniform Commercial Code. Upon request by Xena Networks, Buyer shall sign any document required to perfect such security interest. Late payments shall bear interest at the lower of either the maximum legal rate of interest or one and one half percent (1-1/2%) per month on the amounts outstanding.

4. DELIVERY – Shipments of Products are subject to Xena Networks availability. Xena Networks shall use reasonable efforts to meet any scheduled delivery date(s), but will not be liable for failure to meet such dates and reserves the right to make partial deliveries. If Buyer is unable to receive Products at time of delivery, Xena Networks at its sole option may deliver such Products to storage. All costs incurred by Xena Networks for transportation, storage and insurance of such Products shall be borne by Buyer. Xena Networks shall invoice such partial deliveries separately and Buyer shall pay such invoices when due (within 30 days from invoice date), without regard to later deliveries. Buyer will provide Xena Networks with shipping instructions on its order and if it fails to do so, Xena Networks will determine the carrier and means of transportation and will ship the Product FOB shipping point.

5. RESCHEDULING; CANCELLATION – No rescheduling is permitted for deliveries due within 30 days. For deliveries due 31 days or more, Buyer may reschedule delivery with prior written notice to Xena Networks. Any such reschedule request must be sent to Xena Networks no later than 30 days prior to the scheduled delivery date. No cancellation is permitted for deliveries due within 90 days. For deliveries due 91 days or more, Buyer may cancel delivery with prior written notice to Xena Networks. Any such reschedule request must be sent to Xena Networks no later than 90 days prior to the scheduled delivery date. All Products specifically manufactured for Buyer or not normally stocked by Xena Networks are non-cancelable and non-returnable.

6. TITLE; TRANSPORTATION; RISK OF LOSS – Products are shipped FOB origin. Buyer shall pay all shipping, transportation, rigging, licensing, importation and insurance costs from factory. Products shall be packed for shipment and storage in accordance with standard commercial practices. Risk of loss for the Products shall pass from Xena Networks to Buyer at the Xena Networks shipping point and Buyer will be solely responsible for filing claims relating to any loss or damaged goods.

7. EXPORT COMPLIANCE – For international shipments. Xena Networks is responsible for obtaining licenses, and preparing and submitting all required documentation in connection with exporting the Products. Buyer certifies that it will not export or re-export the Products or any technical data furnished by or on behalf of Seller hereunder unless it complies fully with all applicable federal, state and local laws, regulations and ordinances.

8. DEFAULT – Buyer’s failure to perform its obligations under this Agreement, including, but not limited to, failure to make any payment when due for any Product, or the filing of any voluntary or involuntary petition under the Bankruptcy Code by or against Buyer, insolvency of Buyer, assignment by Buyer for the benefit of creditors, or liquidation of Buyer’s business, shall constitute a default under this Agreement and shall afford Xena Networks all remedies of a secured party under the Danish Commercial Code. In the event of default, Xena Networks may, with or without demand or notice to Buyer, declare the entire unpaid amounts under this Agreement immediately due and payable, enter the premises where any Products are located and remove them and sell any or all Products as permitted under applicable law. In addition to any other remedies at law or in equity which Xena Networks may have in the event of default, Xena Networks may refuse: (a) to provide maintenance, service, or parts on any Products under any applicable warranty, service or maintenance agreements relating to any Products then in effect between the parties, or (b) to make any further shipments of Products under any agreement between the parties.

9. LIMITATION OF REMEDIES AND LIABILITIES – THE REMEDIES PROVIDED HEREIN ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL Xena Networks BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, PRODUCTION OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF SALE OR THE USE OR PERFORMANCE OF ANY PRODUCTS, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF Xena Networks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL EXTENT OF Xena Network LIABILITY FOR DAMAGES OF ANY NATURE TO BUYER, REGARDLESS OF FORM OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE SPECIFIC PRODUCT ON WHICH LIABILITY IS BASED.

10. Special Applications. The Products are not designed and are not warranted to be suitable for use in applications involving the risk of personal injury or death or the destruction of property, medical life support devices, or similar applications (“Special Applications”). Use of any Xena Networks product in a Special Application without the express written approval of Xena Networks is prohibited and Xena Networks SHALL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH SUCH USE. Buyer assumes any and all risks associated with the use of the Products in Special Applications and shall indemnify, defend, and hold Xena Networks harmless from any third-party claims arising out of or related to the use of the Products in any such Special Applications.

11. CONFIDENTIAL INFORMATION – Any documentation or data supplied by Xena Networks to Buyer and marked “confidential” are proprietary and confidential to Xena Networks. Xena Networks retains for itself all proprietary rights to all designs, engineering details, and other data pertaining to any Product sold. Buyer agrees to use commercially reasonable efforts to maintain the confidentiality of any proprietary documentation, data, or price quotes (whether marked “confidential” or not) supplied to it and not to disclose or use such documentation, data, or price quotes in any manner inconsistent with the purpose for which it was disclosed. Buyer hereby grants Xena Networks a nonexclusive, limited license to use, copy, modify or otherwise utilize any materials or intellectual property provided by Buyer to Xena Networks for purposes of fulfilling Xena Network obligations herein.

12. SOFTWARE SUPPORT AGREEMENT – Included with every HW purchase, is a 36-month enrollment in Xena’s Software Maintenance Agreement for the corresponding HW module. The Software Maintenance Agreement provides access to all software and product upgrades for the HW module, and are made available via Xena’s web site. Before the end of the 36-months, the Buyer can purchase additional enrollment into the Software Maintenance Agreement for continuing software updates and product upgrades.

13. WARRANTY AND SUPPORT – All Xena hardware and software media is warranted against defects in materials and workmanship for a period of 12 months from the date of shipment, according to the terms and limitations set forth in the Warranty Agreement. A copy of the warranty agreement can be found at http://xenanetworks.com/html/warranty.html

14. MISCELLANEOUS – (a) CONTROLLING LAW: This Agreement shall be governed by Danish law without regard to conflicts of laws provisions. The parties hereby agree that any dispute relating to the Products shall be subject to the exclusive jurisdiction of the federal courts located in Denmark. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. (b) ASSIGNMENT: This Agreement may not be assigned by operation of law or otherwise by Buyer without Xena Network prior written consent and any assignment in violation of this section shall be void. (c) SUBSTITUTIONS; MODIFICATIONS: Xena Networks shall have the right to make substitutions of Products, provided that such substitutions do not materially detract from the overall Product performance. Xena Networks reserves the right at any time to make changes to Products without liability or obligation to implement such change to any Product manufactured prior thereto. Buyer shall be liable for costs of Buyer-requested changes made by Xena Networks. (d) COMPLIANCE WITH LAWS: Unless otherwise agreed in writing, Buyer assumes all responsibility for obtaining any required export authorization. Buyer shall not export or re-export technical data or Products in violation of Danish Export Administration Regulations or similar laws or any applicable export control laws or regulations. (e) SEVERABILITY: Any provision of this Agreement held invalid shall be deemed severable from all other provisions of the Agreement. (f) WAIVER: No waiver of any provision of this contract shall be effective unless made in writing. Xena Network failure to enforce any term of this Agreement shall not be deemed a waiver of future enforcement of that or any other term. Xena Network acceptance of any payment after the due date or Xena Network election to continue making shipments after default shall not constitute a waiver of any default by Buyer or effect Xena Network legal remedies for any such default. (g) RETURN OF PRODUCT: Xena Networks may, at its sole option and convenience, permit Buyer to return conforming Product subject to a restocking fee. Products may not be returned without first obtaining Xena Network written permission, in the form of a Return Material Authorization (RMA) number. Buyer shall pay all shipping, transportation, rigging, licensing, importation and insurance costs for all returned products. (h) RESALE: Buyer shall not re-sell, distribute or otherwise dispose of Products on a standalone basis to any third party without first obtaining Xena Network prior written consent. (i) FORCE MAJEURE: Xena Networks shall not be liable for any delay in performance or inability to perform due to any cause beyond Xena Network control including, but not limited to, acts of nature, acts of government, acts of God, omissions of Buyer, labor disputes, delays in transportation, delays in delivery or inability to deliver by Xena Network suppliers or manufacturers, fire, flood, epidemics, riots, or war. Intervention of any such cause shall give Xena Networks the right, without liability to Buyer, to terminate the sale or, upon removal of the cause, to resume delivery. (j) ENTIRE AGREEMENT: This Agreement supersedes all prior and contemporaneous agreements and understandings, oral or written, between Xena Networks, or its agents and Buyer relating to the subject matter hereunder and no modifications of this Agreement shall be binding on either party unless it is in writing and signed by both parties. (k) STATUTE OF LIMITATIONS: The time period for Buyer to bring any cause of action or claim for damages or injunctive relief is one year after Buyer’s Acceptance. (l) NO REVERSE ENGINEERING: Buyer shall not (and shall not allow any third party to) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Product by any means whatsoever.

June 2010


GENERAL TERMS AND CONDITIONS

International Customers of Xena Networks ApS for the delivery of goods and services

If, in connection with the sale of certain Xena Networks ApS (“Xena Networks”) products and/or services, Xena Networks provided to you (“Buyer”) a written sales acknowledgement that references these Terms and Conditions (an “Acknowledgement”), all references herein to the “quotation” shall be interpreted as references to that Acknowledgement for purposes of that sale. If Buyer and Xena Networks have signed a written agreement regarding the sale of the products and services specified in the quotation (collectively, the “Products”), that agreement shall govern the sale of the Products and these Terms and Conditions shall not apply. In the absence of such an agreement, these Terms and Conditions shall govern the sale of the Products.

1. ACCEPTANCE – The quotation provided by Xena Networks for sale of any Xena Networks Product, these General Terms and Conditions of Sale, and the Xena 12-Month Warranty Agreement accompanying any Products (the “Warranty”) are collectively referred to herein as the “Agreement”. The Agreement shall prevail over terms and conditions contained in any purchase order, confirmation or other writing submitted by Buyer to Xena Networks.  “Acceptance” by Buyer shall occur immediately upon the receipt of any Xena Networks Product.  Acceptance by Buyer is limited to the terms of this Agreement. This offer may be revoked by Xena Networks at any time prior to Acceptance by Buyer.

2.  PRICES – Prices for the Products are as set forth in the quotation. All prices are exclusive of all federal, state, municipal or other government excise, sales, use, occupational or like taxes or duties, tariffs, fees or charges (“Tax(es)”) now in force or enacted in the future. All Taxes shall be payable by Buyer, unless Buyer presents Xena Networks with a proper certificate of exemption from such Tax. Should Xena Networks be required to pay any such Tax at the time of sale or thereafter, Buyer shall promptly reimburse Xena Networks therefore. Unless otherwise stated, all amounts set forth in the Agreement, and on Xena Networks’ corresponding invoices, are in U.S. currency.

3. PAYMENT; SECURITY – Buyer shall pay: one hundred percent (100%) of the purchase price of each Product, due and payable within 30 days from invoice date. All payments to Xena Networks shall be in U.S. dollars, free of any restrictions or withholdings. Buyer shall have no right to withhold any amount due Xena Networks under this Agreement because of a claim Buyer may have against Xena Networks. When, in Xena Network sole opinion, Buyer’s financial condition or previous payment record so warrants, or the available financial information to Xena Networks regarding Buyer is limited, Xena Networks reserves the right to change the credit terms at any time. Xena Networks reserves the right to require payment in advance by wire transfer, confirmed irrevocable letter of credit or such other means as are acceptable to Xena Networks.  Buyer hereby grants and Xena Networks reserves a purchase money security interest in each Product purchased hereunder, and in any proceeds thereof, for all Buyer’s obligations hereunder until the total purchase price is paid. Xena Networks reserves all rights granted to a secured creditor under the Uniform Commercial Code. Upon request by Xena Networks, Buyer shall sign any document required to perfect such security interest. Late payments shall bear interest at the lower of either the maximum legal rate of interest or one and one half percent (1-1/2%) per month on the amounts outstanding.

4. DELIVERY – Shipments of Products are subject to Xena Networks availability. Xena Networks shall use reasonable efforts to meet any scheduled delivery date(s), but will not be liable for failure to meet such dates and reserves the right to make partial deliveries. If Buyer is unable to receive Products at time of delivery, Xena Networks at its sole option may deliver such Products to storage. All costs incurred by Xena Networks for transportation, storage and insurance of such Products shall be borne by Buyer. Xena Networks shall invoice such partial deliveries separately and Buyer shall pay such invoices when due (within 30 days from invoice date), without regard to later deliveries.  Buyer will provide Xena Networks with shipping instructions on its order and if it fails to do so, Xena Networks will determine the carrier and means of transportation and will ship the Product freight collect.

5. RESCHEDULING; CANCELLATION – No rescheduling is permitted for deliveries due within 30 days. For deliveries due 31 days or more, Buyer may reschedule delivery with prior written notice to Xena Networks. Any such reschedule request must be sent to Xena Networks no later than 30 days prior to the scheduled delivery date. No cancellation is permitted for deliveries due within 90 days. For deliveries due 91 days or more, Buyer may cancel delivery with prior written notice to Xena Networks.  Any such reschedule request must be sent to Xena Networks no later than 90 days prior to the scheduled delivery date.  All Products specifically manufactured for Buyer or not normally stocked by Xena Networks are non-cancelable and non-returnable.

6. TITLE; TRANSPORTATION; RISK OF LOSS – Products are shipped EXW. Buyer shall pay all shipping, transportation, rigging, licensing, importation and insurance costs from factory. Products shall be packed for shipment and storage in accordance with standard commercial practices.  Risk of loss for the Products shall pass from Xena Networks to Buyer at the Xena Networks shipping point and Buyer will be solely responsible for filing claims relating to any loss or damaged goods.

7. EXPORTER AND IMPORTER OF RECORD – For international shipments, Buyer or its properly authorized agent or freight forwarder shall be exporter of record from Denmark. Buyer shall be the importer of record and is responsible for fulfilling quota terms, obtaining import licenses, paying import license or permit fees, duties and customs fees, and any other governmental or import taxes or fees, and preparing and submitting all required documentation in connection with importing the Products.

8. DEFAULT – Buyer’s failure to perform its obligations under this Agreement, including, but not limited to, failure to make any payment when due for any Product, or the filing of any voluntary or involuntary petition under the Bankruptcy Code by or against Buyer, insolvency of Buyer, assignment by Buyer for the benefit of creditors, or liquidation of Buyer’s business, shall constitute a default under this Agreement and shall afford Xena Networks all remedies of a secured party under the Danish Commercial Code. In the event of default, Xena Networks may, with or without demand or notice to Buyer, declare the entire unpaid amounts under this Agreement immediately due and payable, enter the premises where any Products are located and remove them and sell any or all Products as permitted under applicable law.  In addition to any other remedies at law or in equity which Xena Networks may have in the event of default, Xena Networks may refuse: (a) to provide maintenance, service, or parts on any Products under any applicable warranty, service or maintenance agreements relating to any Products then in effect between the parties, or (b) to make any further shipments of Products under any agreement between the parties.

9. LIMITATION OF REMEDIES AND LIABILITIES – THE REMEDIES PROVIDED HEREIN ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES.  IN NO EVENT SHALL Xena Networks BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, PRODUCTION OR USE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF SALE OR THE USE OR PERFORMANCE OF ANY PRODUCTS, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF Xena Networks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL EXTENT OF Xena Network LIABILITY FOR DAMAGES OF ANY NATURE TO BUYER, REGARDLESS OF FORM OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE SPECIFIC PRODUCT ON WHICH LIABILITY IS BASED.

10. Special Applications.  The Products are not designed and are not warranted to be suitable for use in applications involving the risk of personal injury or death or the destruction of property, medical life support devices, or similar applications (“Special Applications”).  Use of any Xena Networks product in a Special Application without the express written approval of Xena Networks is prohibited and Xena Networks SHALL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH SUCH USE.  Buyer assumes any and all risks associated with the use of the Products in Special Applications and shall indemnify, defend, and hold Xena Networks harmless from any third-party claims arising out of or related to the use of the Products in any such Special Applications.

11. CONFIDENTIAL INFORMATION –  Any documentation or data supplied by Xena Networks to Buyer and marked “confidential” are proprietary and confidential to Xena Networks. Xena Networks retains for itself all proprietary rights to all designs, engineering details, and other data pertaining to any Product sold. Buyer agrees to use commercially reasonable efforts to maintain the confidentiality of any proprietary documentation, data, or price quotes (whether marked “confidential” or not) supplied to it and not to disclose or use such documentation, data, or price quotes in any manner inconsistent with the purpose for which it was disclosed.  Buyer hereby grants Xena Networks a nonexclusive, limited license to use, copy, modify or otherwise utilize any materials or intellectual property provided by Buyer to Xena Networks for purposes of fulfilling Xena Network obligations herein.

12. SOFTWARE SUPPORT AGREEMENT – Included with every HW purchase, is a 36-month enrollment in Xena’s Software Maintenance Agreement for the corresponding HW module. The Software Maintenance Agreement provides access to all software and product upgrades for the HW module, and are made available via Xena’s web site. Before the end of the 36-months, the Buyer can purchase additional enrollment into the Software Maintenance Agreement for continuing software updates and product upgrades.

13. WARRANTY AND SUPPORT – All Xena hardware and software media is warranted against defects in materials and workmanship for a period of 12 months from the date of shipment, according to the terms and limitations set forth in the Warranty Agreement. A copy of the warranty agreement can be found at http://xenanetworks.com/html/warranty.html

14. MISCELLANEOUS – (a) CONTROLLING LAW: This Agreement shall be governed by Danish law without regard to conflicts of laws provisions.  The parties hereby agree that any dispute relating to the Products shall be subject to the exclusive jurisdiction of the federal courts located in Denmark. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. (b) ASSIGNMENT: This Agreement may not be assigned by operation of law or otherwise by Buyer without Xena Network prior written consent and any assignment in violation of this section shall be void. (c) SUBSTITUTIONS; MODIFICATIONS: Xena Networks shall have the right to make substitutions of Products, provided that such substitutions do not materially detract from the overall Product performance. Xena Networks reserves the right at any time to make changes to Products without liability or obligation to implement such change to any Product manufactured prior thereto. Buyer shall be liable for costs of Buyer-requested changes made by Xena Networks. (d) COMPLIANCE WITH LAWS: Unless otherwise agreed in writing, Buyer assumes all responsibility for obtaining any required export authorization. Buyer shall not export or re-export technical data or Products in violation of Danish Export Administration Regulations or similar laws or any applicable export control laws or regulations. (e) SEVERABILITY: Any provision of this Agreement held invalid shall be deemed severable from all other provisions of the Agreement. (f) WAIVER: No waiver of any provision of this contract shall be effective unless made in writing. Xena Network failure to enforce any term of this Agreement shall not be deemed a waiver of future enforcement of that or any other term. Xena Network acceptance of any payment after the due date or Xena Network election to continue making shipments after default shall not constitute a waiver of any default by Buyer or effect Xena Network legal remedies for any such default. (g) RETURN OF PRODUCT: Xena Networks may, at its sole option and convenience, permit Buyer to return conforming Product subject to a restocking fee. Products may not be returned without first obtaining Xena Network written permission, in the form of a Return Material Authorization (RMA) number.  Buyer shall pay all shipping, transportation, rigging, licensing, importation and insurance costs for all returned products. (h) RESALE:  Buyer shall not re-sell, distribute or otherwise dispose of Products on a standalone basis to any third party without first obtaining Xena Network prior written consent. (i) FORCE MAJEURE: Xena Networks shall not be liable for any delay in performance or inability to perform due to any cause beyond Xena Network control including, but not limited to, acts of nature, acts of government, acts of God, omissions of Buyer, labor disputes, delays in transportation, delays in delivery or inability to deliver by Xena Network suppliers or manufacturers, fire, flood, epidemics, riots, or war. Intervention of any such cause shall give Xena Networks the right, without liability to Buyer, to terminate the sale or, upon removal of the cause, to resume delivery. (j) ENTIRE AGREEMENT: This Agreement supersedes all prior and contemporaneous agreements and understandings, oral or written, between Xena Networks, or its agents and Buyer relating to the subject matter hereunder and no modifications of this Agreement shall be binding on either party unless it is in writing and signed by both parties.  (k)  STATUTE OF LIMITATIONS: The time period for Buyer to bring any cause of action or claim for damages or injunctive relief is one year after Buyer’s Acceptance. (l)  NO REVERSE ENGINEERING:  Buyer shall not (and shall not allow any third party to) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Product by any means whatsoever.

June 2010

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