Keep your password private and secure.

• All Users are required to keep their password private and secure.  Do not disclose it to others or allow others to use it. All acts performed under the same member account and password will be deemed as the personal acts of the member him/herself and the password keeper.

• All Users are required to provide their correct personal information during registration. When any false information is found, XPOR Ltd. will have the discretion to suspend or terminate the use of the Service, without any liability for consequential losses or any other damages.

• If a User discovers or suspects a third person is using his/her member account or password without authorization, he/she should immediately notify XPOR Ltd. so that necessary precautionary measures can be taken. 

  ---

Protection of Users' privacy.

In any of the following circumstances, XPOR Ltd. may access or provide the member's personal or relevant telecommunication information to the competent authorities, or a third person who claims his/her rights have been infringed with proper supporting documents:

• According to law;

• As required by judicial authority or other competent authorities under statutory procedure;

• To ensure personal safety of other members or third parties in case of emergency; or

• Necessary information about cash flows and logistics services generated by Users in their activities through XPOR Ltd.

• In the absence of a Users prior consent, XPOR Ltd. will never disclose to others any legally protected personal information concerning that User

• For purposes of marketing, market analysis, statistics or research, or to provide members with customized services or value-added services, Users agree XPOR Ltd. or its strategic partners may record, keep and use the information or records stored at or generated by Users' use of XPOR, and may disclose or use statistical data without disclosing specific information.

• Users agree XPOR Ltd. may send them information about various types of activities and other contents at any time. 

  ---

Restrictions on Use

•  For legal purpose only Registered Users may use the services available from XPOR Ltd. for legal, legitimate and proper purpose only. No User should use the services available from XPOR Ltd. and member devices in any manner that is illegal, illegitimate or improper.

• XPOR Ltd. may monitor the use of services available from XPOR Ltd. to make sure there is no activity in breach of this agreement. If XPOR Ltd. suspects any activity is in breach of this agreement, or if XPOR Ltd. believes it is necessary to protect the services available from XPOR Ltd. or its affiliates, directors, officers, distributors and employees from any harm, we reserve the right to interrupt or intercept use of the XPOR service

• Provide information to the government and third parties. If XPOR Ltd. determines a User is using the services from XPOR Ltd. and member devices for illegal purpose, XPOR Ltd. will forward the relevant communication records and other information (including Users identification) to appropriate prosecutors' offices/investigation authorities. Users agree XPOR Ltd. may forward any of these communication records and information to relevant authorities. Also, XPOR Ltd. may, upon the following requests, disclose member's name, telephone number and other personal information, communications and correspondences sent and/or received by any User, and any other information about the User account held by XPOR Ltd., including but not limited to service types, service years, MAC address, IP address, email address and all other account information:

• To respond to requests from law enforcement or other governmental agencies;

• As ordered by law, regulations, statutes, writ of summons, search warrant, or court order;

• As required for identification or communication, or legal action against a person who may have abused the services and/or devices;

• To protect the rights and interests and assets of XPOR Ltd.; or 

• In case of emergency where it is necessary to disclose this information to protect the clients of XPOR Ltd. or third persons from imminent damage.

  ---

Disclaimer

Information on the XPOR Ltd. website and services and products of XPOR Ltd. are all provided "as is". In no circumstance shall XPOR Ltd. provide any other guarantee, explicitly or implicitly, including but not limited to implied guarantee on merchantability, fitness of service or product for any particular purpose, ownership or non-infringement on another's rights or interests, or any guarantee arising from transactions, business dealings or contract performance. In addition, we do not guarantee there will be no breakdowns, delays, interruptions, errors, poor quality for the XPOR Ltd. website, services or products, or there will be no loss to contents, data or information. Users hereby acknowledge certain products and services available from XPOR Ltd. are not encrypted and this type of information may be intercepted in the transmissions involving the XPOR system, our services or products, and XPOR Ltd. does not guarantee this software, the XPOR Ltd. website, services or products are absolutely secure. Members hereby agree to bear any and all risks associated with unauthorized access to member information during transmission of this type of information. 

In no circumstances shall XPOR Ltd., its officers, directors, employees, affiliates, suppliers or distributors, or any other service providers or vendors who provide services or products relating to XPOR be liable for any compensations for damages from use of the XPOR service

The statements and descriptions about our services made by XPOR Ltd. or the distributors or suppliers of XPOR Ltd. are only of notices and shall not be of any form of guarantee.

As the information available on this website covers various jurisdictions around the world, not all the products, prices or programs mentioned herein are available or offered in the country/territory where the User is located.

While XPOR Ltd. makes all possible efforts to provide accurate information on the XPOR Ltd. website, XPOR Ltd. shall not be liable for accuracy of the information contained therein. XPOR Ltd. may change the programs or products mentioned in this agreement at any time without notice. The products or services specifically mentioned in this agreement are for reference only and we do not endorse or suggest use of these products or services.

Limitation on Liability.

In no circumstances shall XPOR Ltd., its officers, directors, affiliates, employees, licensors or Internet service providers be liable for any damages including direct, indirect, incidental, consequential or punitive damages, litigation or costs, including but not limited to losses of goodwill, profits or data or interruption of operation, arising from or in connection with this agreement and/or transactions contemplated under this agreement, including use or inability to use the XPOR Ltd. website, services and/or products, inability to use emergency numbers to reach emergency repair staff or get urgent assistance, and unauthorized access or change to member's communication records or information, even if XPOR Ltd. has been aware of the possibility of the above damages.

In view of the evolving development of new technologies enabling hacking, Internet attacks, and interception of incoming and outgoing information, XPOR Ltd. does not guarantee that use of products, software or services or any equipment, system or Internet utilizing its products, software or services do not have any loopholes that may be taken advantage for hacking, attacks or information interception. As some jurisdictions do not permit exclusions or limitations on the liabilities for implied guarantee or consequential or incidental damages, these restrictions in this clause may not apply to certain members. Members may have other legal rights depending on the jurisdictions they are located. These limitations shall apply to the greatest extent as permitted under the law. 

Intellectual Property Rights for the XPOR system

All works and information, their copyrights, patents, trademarks, trade secrets and other intellectual property rights, ownership and other rights on the XPOR Ltd. XPOR Service and website are owned by XPOR Ltd.. Unless prior authorization from XPOR Ltd. or the rights holder is obtained, no Users shall reproduce, transmit, adapt, edit or use any of the above in any way or for any purposes. Otherwise, he/she will be held liable under the law. 

Waiver of Claims or Causes of Action

Users waive any and all claims or causes of action arising from and/or in connection with XPOR Ltd. services, except for those claims or causes of action arising from our gross negligence or intentional mistake.

Agreement Amendment

We may amend the terms and conditions of this agreement by publishing the amendments on the XPOR Ltd. website at any time. A Users continued use of the XPOR Ltd. website, our services and/or products constitutes his/her acceptance of these amendments. This agreement may not be modified in any manner unless amendments are made by a written agreement signed by the User with us. 

Severability

Invalidity of part or all of any provisions under this agreement shall not affect the validity of any other provisions. 

Governing law and Court of Jurisdiction

The rights and obligations between members and the XPOR Ltd. shall be governed the laws of the United Kingdom.

Termination of Access

XPOR Ltd. reserves the rights to change the contents of our services or terminate our services available to any User account, of which relevant Users will be notified with an email from us.

Internet Disasters

As signing up our services is free of charge, Users understand and agree that operation of the XPOR Ltd. system may experience interruptions, malfunctions, delays, errors in data transmission or storage due to force majeure events such as breakdowns or failures of the software and hardware equipment of the Internet systems of relevant telecommunication service providers or natural disasters, for which XPOR Ltd. shall not be liable for any damages, compensations or reimbursements therefrom. 

Applicability of Privacy Policy 

In order to respect and protect the privacy of user’s (you, your) information, we implement this Privacy Policy to explain the method, scope, usage and revision of your information. This Privacy Policy only applies to XPOR Ltd.  It does not apply to the practices of third parties or entities that we do not own, control, or the personnel that we do not manage or hire. 

Information We Collect

Any personal or necessary information you enter or register during the submission of forms or an order of products or services on XPOR Ltd. is collected and stored for the purposes of enabling use of the products / services and for legal and accounting purposes.

Personal information as defined by this Privacy Policy as any information that identifies you personally, such as name, address, telephone number and email address. You may decide whether to provide personal information to us at your discretion; however, you may not be able to retain our services if such personal information is a required item.

How We Use This Information

We use the information we collect from you for the following usages worldwide: to customize advertisements and the contents of webpage you have access to; to provide, maintain, protect and improve our services; to communicate with you; to conduct market research; and to provide market analysis or business report excluding personal information for internal use or to outside customer. Your personal information gathered by XPOR Ltd. is for the express internal use or under the scope and purpose of our explanation in this Policy. 

Sharing of Information

Your personal information will not be provided, or shared to another third party only except as otherwise stated in this policy or to provide the product or services required by you or with your express consent. • meet any applicable law, regulation, legal process or enforceable governmental request; or to detect, prevent, or otherwise address fraud, security or technical issues as required or permitted by law• protect against harm to the rights, property or safety of XPOR Ltd., our users or the public to the extent permitted by law• prevent abuse or unauthorized use of website, product or services of XPOR Ltd. or to enforce applicable Terms of Use of XPOR Ltd.

Use of Cookies

For providing better services, when you visit our website, we will store and access our cookies. You can instruct your browser, by changing its options, to stop accepting cookies. If you do not accept cookies, however, you may not be able to use all aspects of the Service. 

Inquiry or Revision

If there is any change or incorrect of information, you are free to request for revision on XPOR Ltd. or its relevant website. According to the Personal Information Protection Act, you are allowed to exercise the right to make any inquiry and request for a review of the personal information; request to make duplications of the personal information; request to supplement or correct the personal information; request to discontinue collection, processing or use of personal information; and request to delete the personal information. 

Information Security

XPOR Ltd. restrict access to personal information to our employees who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. XPOR Ltd. seek to protect your information by employing necessary measures or procedure to ensure that it is kept private; however, we can't guarantee the absolute security of any information. Unauthorized entry or use, accidental failure or interception, and other factors may compromise the security of user information. 

Changes to Our Privacy Policy

 This Privacy Policy may change from time to time. We will post any policy change on this webpage, please spare your time to read through the Policy.

GRANT OF LICENSE.

XPOR Limited grants you the following rights provided you comply with all terms and conditions of this EULA. For each license you have acquired for the Product, one individual is granted a nonexclusive, personal license to use the Product solely for the purposes of designing, developing and testing the web service according to the terms of this EULA. For purposes of this EULA, “testing” shall be deemed to include testing of your software products to ensure they are deployable with the XPOR 5.x. Testing does NOT include testing in an operations environment where testing may be part of pre-production (reliability testing, performance testing, or system testing). Unless expressly stated otherwise, the Product may not be separated for use by more than the one individual authorized to use the Product. If you are an entity, XPOR Limited grants to you the right to designate one individual within your organization to have the sole right to make and use copies of the Product in accordance with the terms of this EULA. 

USE AND INSTALLATION OF XPOR 5.X SOFTWARE AND CLIENT SOFTWARE.

 XPOR 5.x Software.

1. Solely for purposes of designing, developing and testing your software product(s):
2. you may make, use and install the XPOR 5.x Software on an individual Server; and
3. you may allow any number of simultaneous connections to be made by any number of users to access the services of the XPOR 5.x Software

Benchmark Testing

1. You may not disclose the results of any benchmark test of the XPOR 5.x Software or Client Software to any third party without XPOR Limited’s prior written approval
2. Device Access.  Any number of Devices may use or access the services of a Server running the XPOR 5.x Software so long as you have acquired a valid license for the XPOR 5.x Software.

The Product is protected by copyright and other intellectual property laws and treaties. XPOR Limited or its suppliers own the title, copyright, and other intellectual property rights in the Product.  The Product is licensed, not sold.

NO RENTAL/NO COMMERCIAL HOSTING.

You may not rent, lease, lend, or provide commercial hosting services with the Product.

RESERVATION OF RIGHTS.

XPOR Limited reserves all rights not expressly granted to you in this EULA.

UPGRADES.

To use a Product identified as an upgrade, you must first be licensed for the product identified by XPOR Limited as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis for your upgrade eligibility.

ADDITIONAL SOFTWARE.

This EULA applies to updates or supplements to the original XPOR 5.x software provided by XPOR Limited, unless we provide other terms along with the update or supplement.

TRANSFER.

The initial user of the Product may make a one-time transfer of the Product to another End User. The transfer has to include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Product must agree to all the EULA terms. The new End User must be registered with XPOR Ltd as the End User for the Licence before the date of the subsequent software update or version release. The End User must email licencing@XPOR.com with instructions to effect the change of licence ownership.

LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

You may not reverse engineer, decompile, or disassemble the Product.

TERMINATION.

Without prejudice to any other rights, XPOR Limited may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.

CONSENT TO USE OF DATA.

You agree that XPOR Limited and its affiliates may collect and use technical information you provide as a part of support services related to the Product. XPOR Limited agrees not to use this information in a form that personally identifies you.

NOT FOR RESALE SOFTWARE.

This Product is not for Resale.

LIMITED WARRANTY.

XPOR Limited warrants that the Product will perform substantially in accordance with the accompanying materials for a period of 12 calendar months from the date of receipt. If an implied warranty or condition is created by your state or state / provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY. AS TO ANY DEFECTS DISCOVERED AFTER THE WARRANTY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Any supplements or updates to the Product, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES;

NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by XPOR Limited, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet XPOR Ltd’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of “Exclusion of Incidental, Consequential and Certain Other Damages” are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

YOUR EXCLUSIVE REMEDY.

XPOR Ltd’s and its suppliers’ entire liability and your exclusive remedy shall be, at XPOR Ltd’s option from time to time exercised subject to applicable law,XPOR Ltd’s and its suppliers’ entire liability and your exclusive remedy shall be, at XPOR Ltd’s option from time to time exercised subject to applicable law,

• return of the price paid (if any) for the Product, or
• repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to XPOR Limited with a copy of your receipt.

You will receive the remedy elected by XPOR Limited without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product to XPOR Limited, engineering the software from your devices, replacement systems, etc.).  This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, mis-configuration, absent or unapproved third party software, abnormal use or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United Kingdom, neither these remedies nor any product support services offered by XPOR Limited are available without proof of purchase from an authorized international source.  To exercise your remedy, contact:  XPOR Limited, Cumberland Gate, Southsea, Portsmouth, Hampshire, PO5 1AG United Kingdom.

DISCLAIMER OF WARRANTIES.

The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, XPOR Limited and its suppliers provide the Product and Support Services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.

To the maximum extent permitted by applicable law, in no event shall XPOR Limited or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the PRODUCT, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of XPOR Limited or any supplier, and even if XPOR Limited or any supplier has been advised of the possibility of such damages.

LIMITATION OF LIABILITY AND REMEDIES.

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of XPOR Limited and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by XPOR Limited with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or £10.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

APPLICABLE LAW.

This EULA is governed by the laws of the United Kingdom.

ENTIRE AGREEMENT.

This EULA, including any addendum or amendment to this EULA which is included with the Product, are the entire agreement between you and XPOR Limited relating to the Product and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any XPOR Limited policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.

DEFINITIONS

 “End User” – the entity that has purchased the licence for the XPOR 5.x software.

“User” – a user account (Username and password) set up in the XPOR 5.x software.

“XPOR 5.x” or “Product” – The software.

“Cloud” – web based server machines running the XPOR 5.x software on single or multiple machines.

“Third Party Software” – software systems that are supplemental or critical to the operation of the XPOR 5.x software, such as Microsoft IIS, SQL Server, web analytics etc.

“Devices” – any hardware equipment which the User employ to access their account.

Your Order 

When you submit your order request and credit card payment details, we will respond with an e-mail acknowledgement providing you with a customer order number, an authorisation code and a confirmation of your ordered goods.

This e-mail will constitute our acceptance of your order. Our acceptance of your order will be deemed complete and received by you at the date and time of sending of the email, which time and date will be provided on the email. 

Pricing and Payment

 The price includes VAT at the rate of 20%, where appropriate, for XPOR licence ordered, and paid for, electronically (online) using the shopping basket and order form facility within this site. Credit card transaction clearance will be by WorldPay Plc. The product ordering part of the catalogue is secure. This means that your personal contact information, your order details and your credit card number can be supplied by you in the knowledge that they cannot be viewed or accessed by a third party.

Credit cards will be debited when you confirm an online order. Online orders will be confirmed by email to advise you that the transaction has been successful.

Customs Charges

 Items in your order that are designated for installation in countries outside of the United Kingdom may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The purchaser is responsible for all Import Fees.

Acceptance

You have been provided with access to and use of a fully feature enabled version of XPOR prior to purchase.  This is provided to you so that you may confirm that the product is adequate for your purposes.  Your order is deemed therefore to be confirmation that you accept the XPOR product is adequate. Your statutory rights are not affected.

Satisfaction and Complaints

If you are in any way dissatisfied with the XPOR product or associated hosting services and wish to make a complaint please contact us by letter, fax or email sales@xpor.com stating the nature of your dissatisfaction. We will acknowledge receipt of your complaint within five working days and will respond fully to you in writing, normally within 15 working days. We promise to treat all letters of dissatisfaction confidentially and with priority.

You have a legal right to cancel your order within seven working days following the date of the receipt of the order without giving a reason. In these circumstances you would receive your money back within 30 days.

NOTE Contracts do not affect the consumer's statutory rights.

 Cancellations

We do not accept cancellations or returns.  Before purchasing your XPOR licence you must satisfy yourself, using the fully featured and freely available trial version, that this product is adequate for your purposes.