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Disclaimer

Welcome to Klir Technologies, Inc. ("Klir") at www.klir.com (the "Site"). This Site may be used subject to the following notices, terms, and conditions. As these terms and conditions affect User's legal rights, please read them carefully. In addition, any User that purchases Klir Solutions will be subject to further terms and conditions set forth in a separate License Agreement.

Use of Site
Users are granted a limited license to access the content of this Site for information about Klir and its Solutions. Any other use, including the reproduction, modification, distribution, transmission, or republication of the content on this site is strictly prohibited except as expressly permitted in writing by Klir.

Copyright Notice
Copyright 1999-2006 Klir Technologies, Inc. All Rights Reserved. All content included on this Site, such as text, graphics, logos, button icons, images, clips, and applications, is the property of Klir, or its content suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Klir and protected by U.S. and international copyright laws. All applications used on this Site are the property of Klir and protected by U.S. and international copyright laws. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Trademarks
The Klir logo, Klir Platform, Klir Cost, Klir Flow, "On Demand IT Analytics", and "Manage your IT Assets. Clearly" are registered trademarks, pending trademarks or service marks of Klir (collectively, "Marks"). These Marks may not be used in connection with any product or service except as permitted in writing by Klir.

Patents
The Klir Platform, Klir Cost, Klir Flow, Performance and Cost Correlation Tools, Algorithms, Predictive Intelligence Tools, Fiscal Analytical Tools, and Architecture are powered by Klir's patent-pending business methods and technologies.

Disclaimer
The Solutions, the Site and all Klir reports and information, service or functionality provided in connection with the foregoing are provided "AS IS" and "AS AVAILABLE." KLIR DOES NOT GUARANTEE THE QUALITY OR CONDITION OF THE SOLUTIONS. NOR THAT THE SOLUTIONS OR THE SITE WILL BE ACTIVE AND AVAILABLE 100% OF THE TIME. THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE COMPANY. KLIR PROVIDES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY OF INFORMATION OR THAT THE SOLUTIONS OR THE SITE WILL BE FREE OF VIRUSES OR OTHER SOFTWARE CODE MANIFESTING HARMFUL PROPERTIES. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH COMPANY'S ENJOYMENT OF THE SOLUTIONS OR THE SITE OR ANY INFORMATION ON IT, OR AGAINST INFRINGEMENT. KLIR ALSO DISCLAIMS ALL IMPLIED DUTIES (EXCEPT FOR ANY DUTY OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, LACK OF NEGLIGENCE AND WORKMANLIKE CONDUCT.

No Incidental, Consequential or Certain Other Damages
TO THE FULLEST EXTENT ALLOWED BY LAW, KLIR IS NOT LIABLE TO COMPANY OR ANY AUTHORIZED END USER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES; DAMAGES OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, ARISING OUT OF ANY AGREEMENT THAT COMPANY ENTERED INTO WITH ANY ENTITY TO ACQUIRE THE SITE OR SOLUTIONS (E.G., A VALUE ADDED RESELLER), LOSS OF PRIVACY OR CONFIDENTIALITY OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT); OR ANY INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF RELATING IN ANY WAY TO: (A) THE SITE OR SOLUTIONS OR ANY LACK OF SECURITY AT THE SITE, OR ANY CONTENT, SERVICE OF FUNCTIONALITY AVAILABLE IN CONNECTION WITH THE SITE OR SOLUTIONS, OR (B) ANY BREACH OF THIS AGREEMENT. THE FOREGOING APPLIES EVEN IF KLIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS UNCONSCIONABLE.

Unsolicited Idea Submission Policy
Klir does not accept or consider unsolicited ideas, including ideas for products, technologies, enhancements, advertising, marketing or promotions. User understands that if any idea is submitted to Klir despite our request not to receive such ideas and/or materials, Klir makes no assurances or warranties that the ideas and materials will be treated as confidential or proprietary. Any ideas and/or materials submitted by User will be treated as the property of Klir (notwithstanding any rights, claims, titles or interests User may claim to possess with respect to the submitted ideas or materials).

Risk of Loss
All purchases of Klir Solutions using this Site are made pursuant to a Klir License Agreement.

Applicable Law
By using this website User consents to the personal jurisdiction of the State of Washington, United States, and agrees that any dispute shall be interpreted under internal laws of the State of Washington without giving effect to principles of conflicts of law. Venue and subject matter jurisdiction for litigating any dispute with respect to Klir Solutions, representations or products shall be in the appropriate Federal or State court in King County, Washington.

Severability
If any clause of this agreement shall be determined unenforceable or invalid, such material shall not affect the validity of any other clause or subsection, or give rise to any cause of action of either party to this agreement against the other, and the remainder of this Disclaimer shall be valid and enforced to the fullest extent permitted by law.

Acceptance
By accessing the Site, User warrants and represents that User has read and understood this Disclaimer, that User had an opportunity to consult counsel, and that User agrees to all the terms and conditions contained herein.

Klir reserve the right to make changes to the Site and this Disclaimer at any time.

Contact Klir with any questions at info@klir.com or 206-633-1430.