Documents specified above do not include the design or layout of the Xybo Web and ASP / Portal site. Elements of our Web and ASP / Portal site are protected by trade dress, trademark, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Web site may be copied or retransmitted unless expressly permitted by Xybo Systems.

Xybo Systems and /or its respective suppliers and partners make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind and are subject to change at any time. Xybo and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Xybo and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

Software

Any software ("Software") that is downloaded from this server is the copyrighted work of Xybo Systems and/or its suppliers. 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"). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Xybo Systems knowledge hereby disclaims all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall wireless knowledge and/or its respective suppliers be liable for any direct, consequential, incidental, special, punitive or other damages whatsoever (including without limitation, damages for loss of business profits, business interruption, or loss of business information), even if Xybo Systems knowledge has been advised of the possibility of such damages.

Our ASP / Portal is operated and owned by Xybo Systems ("Xybo"). By signing up to become a member of the ASP / Portal (www.xybowireless.com), you agree to be abided by the following terms and conditions, which may be updated by us from time to time without notice to you.

ASP / Portal - Registration Obligation

To use our service, you are required to register with us as a member. Membership is free. In consideration of using our service, you agree to provide us with true, accurate and complete information about yourself as prompted by the membership registration form.

The Xybo ASP / Portal hosts and serves wireless applications that are created by the Xybo Wireless Application Builder. It also provides services to allow wireless users to navigate and search for Internet sites. Registered members may customize their navigation and searching preferences.

Publishers - The ASP / Portal offers its Publisher members to publish their wireless applications created by the Xybo Wireless Application Builder. Members may optionally upload the relevant data files that are required by the wireless applications.

Wireless Users - The ASP / Portal provides services to its Wireless User members to have a personalized experience in navigating and searching for Internet sites through a wireless device.

Copyright Infringement - You are responsible for determining the legal status of any intellectual property you publish to our system. Some of the materials available on the Internet are copyrighted and some of them may have been distributed in violation of copyright laws. We will not review the content of the information published on our system.

Usage of Membership Account - We expect you to use the account only for lawful purposes. We will not tolerate any illegal activities through the use of our services and will cooperate with law enforcement officials in the legitimate investigation of such suspicious activities.

We do not allow any activities on our systems that are not meant to be conducted. Violation of this policy will result in suspension or termination of your membership. We strongly suggest that you don't share you account with someone else. If something happens as a result of using your account, you will be responsible for all the consequences.

Indemnity - As a member, you are responsible for all actions that occur through your membership account. As a condition of our free membership, you agree to indemnify and hold Xybo Systems, and its subsidiaries, affiliates, agents, officers, and employees harmless for any cause of action resulting from the use of our services.

Trademarks

Xybo Systems, Wireless Application Enabler, WAE, Building Wireless Applications - the simple way!, and Xybo Systems logo are either trademarks or registered trademarks of Xybo Systems. Other company and product names mentioned herein may be trademarks or registered trademarks of their respective owners.

Xybo Systems reserves any rights not expressly granted herein.

© 2001 Xybo Systems, Inc. All Rights Reserved.

Xybo Systems, Inc. Privacy Policy

Xybo Systems, Inc. ("Xybo") is committed to protecting your privacy while visiting our Web site, www.xybo.com and our ASP / Portal site, www.xybowireless.com, and safeguarding any information gathered from you during your visit. This policy statement outlines exactly what information we store about Web visitors and how we use it.

Violation of privacy of other users through the use of our services will be grounds for suspension or termination of the member's account and may lead to criminal prosecution or civil litigation. We will not disclose the information of our members without the member's content or a court order.

How does Xybo Systems use your information?

The primary objective of collecting personal information is to provide you with a customized experience when using our services. Xybo Systems does research on our members' demographics and interest based on the information provided to us upon registration. From time to time or during a promotion campaign, the research is compiled and analyzed on an aggregate basis. Xybo Systems may share this aggregated information with advertisers or business partners.

As a general rule, Xybo Systems will not sell or rent your personal information. From time to time, you may be offered the opportunity to receive materials or special offers from third parties. If you opt-in to receive information from these third parties, Xybo Systems will, with your prior permission, share your name and email address with them.

Our Web and ASP / Portal site automatically recognizes and stores the origin Internet Protocol (IP) addresses of all requests and, in some cases, the domain name (for example, xybo.com). Unless you specifically enter your e-mail address, the site will neither recognize it nor store it.

This Web site allows visitors to submit and publish other information, including survey information, submitted resumes, site registrations. This information is used for internal purposes only and is not provided to any third parties outside of Xybo. We may use cookies, which are small files containing identifying information that are stored locally on your computer. These cookies are used to record user-specific information for use ASP / Portal site. Cookies must be enabled for you to access the ASP / Portal, and you must provide a valid set of access credentials. Cookies are not required for the remainder of our Web site or ASP / Portal Site.

Please note that Xybo is not responsible for the content or privacy policy of other Web sites belonging to third parties that are linked to our Web site. For information on the privacy policies associated with sites provided by third parties, please see the respective sites.

If you supply us with contact information (including e-mail) through our Web site, you may receive periodic mailings from us with information about new products and services or upcoming events. If you do not wish to receive such mailings, please let us know.

We may telephone any persons who supply us with a telephone number through our Web site and ASP / Portal site to provide information about new products and services or upcoming events. If you do not wish to receive such telephone calls, please let us know either by telephone or e-mail. The necessary contact information is provided at the end of this document. From time to time, we may change our Legal Notice. Please check back periodically. If you feel that this site is not following its stated privacy policy, please contact us.