These Terms of Use (“Terms”) are a legal contract between You and Nextian Corp. (“Nextian”, “We” or “Us”) governing Your use of this and other Nextian websites and all the text, data, software, images and others (collectively referred to as “Materials”), that We may provide to you through any of Our websites (all of which are collectively referred to as “Website”).

USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.

1. Permitted use. Nextian authorizes you to view and download the Materials available at this Website provided that you retain all copyright and other proprietary notices contained in their originals or any copies of the Materials. You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose without a written permission from Nextian.

2. Disclaimers. ALL MATERIALS (INCLUDING ALL SOFTWARE AND DOCUMENTATION) AND SERVICES AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The obligations of Nextian Corp. (“Nextian”) with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. Nextian does not warrant the accuracy and completeness of the Materials, software or services at this Site and may make changes at any time without any notice. Materials at this Site may be out of date, and Nextian is not obliged to keep them up to date.

3. Trademarks. All brand names or product names mentioned in this Site are either trademarks or registered trademarks of their respective owners.

4. Limitation of liability. IN NO EVENT WILL NEXTIAN, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT NEXTIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

5. Indemnification. You agree to indemnify, defend, and hold Nextian from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that Nextian may incur as a result of or arising from Your (or anyone using your account) violation of Terms. Nextian reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Nextian defense of such claim.

6. Waiver. Nextian’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, other provisions of these Terms remain in full force and effect.

7. Governing law. This agreement shall be governed by and construed in accordance with the laws of State of Delaware. All actions under this Agreement shall be brought in a court of competent subject matter jurisdiction in the County of Collin in the State of Texas, U.S.A. and You agree to accept the personal jurisdiction of such court.

8. Modifications. Nextian may, in its sole and absolute discretion, change these Terms from time to time. We will post notice of such changes on the Website as applicable. Continued use of the Website following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.