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Lantronix, Inc. Terms of Use

The websites (and any and all sub-domains) located at www.lantronix.com or www.accessmydevice.com (collectively, the “Site”) are owned and operated by Lantronix, Inc (“Lantronix”).  For the purposes hereof, the users of the Site are referred to as “you” or “your” and Lantronix is referred to as the “Company”, “we”, “us” or “our”.

Acceptance of Terms

The following are the terms of a legal agreement (the “Agreement”) between you and the Company with respect to your access and use of the Site.

BY ACCESSING, BROWSING AND/OR USING THE SITE AND ANY SOFTWARE, SERVICE INFORMATION OR MATERIALS OFFERED ON OR VIA THE SITE, YOU BECOME A USER OF THE SITE AND EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.  IF YOU DO NOT AGREE TO ACCEPT EACH AND ALL OF THE FOLLOWING TERMS AND CONDITIONS AS SET FORTH BELOW, PLEASE DO NOT ACCESS, BROWSE OR USE THE SITE OR ANY OF ITS SOFTWARE, SERVICES, INFORMATION, MATERIALS OR OTHERWISE.  Without limiting the foregoing, if you become a subscriber to any service offered through the Site, you may be subject to additional terms and conditions which are in addition to and not in lieu of this Agreement.

Eligibility

You must be at least 18 years old to use the Site.  By using the Site, you represent and warrant that you are at least 18 years old.   If you are not 18 years of age or older, please do not access, use or browse the Site.

Personal Information

Prior to providing any personal information to us about you on the Site, please review our Online Privacy Policy.  You agree and warrant that any and all of personal information provided to us is true and correct, including, but not limited to, your name, physical or electronic mailing address, phone number, fax number and other information requested.  You understand that all personal information provided by you to us will be subject to the terms and conditions of the Online Privacy Policy. 

You acknowledge and agree that we may disclose information you provide if required to do so by law,  or if we, in our sole and absolute discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (2) protect or defend the rights or property of Lantronix or a third party.  You acknowledge and agree that we may disclose information you provide if required to do so by any applicable law, or if we, in our sole and absolute discretion, believe that disclosure is reasonable or necessary to (1) comply with any applicable law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (2) protect or defend the rights or property of the Company or any third party.

Postings and Publications

By posting, publishing, transmitting, distributing or uploading any information, materials or content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us the ownership and/or license rights specified below.

You acknowledge and agree that we shall own and have unrestricted right to use, publish (in electronic form and/or otherwise), distribute and exploit any and all information that you post or otherwise publish, transmit, distribute or upload on the Site.  You hereby waive any and all claims against us for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with our use and publication of such information. In the event that our ownership of such information is determined by a court of competent jurisdiction to be invalid, you automatically grant to us a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such information, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes and to grant and authorize sub-licenses of the foregoing.  The Company does not represent or endorse the accuracy or reliability of any information displayed, uploaded, posted on any message board, or otherwise distributed or transmitted through this Site by any user of this Site, information provider or any other third party.  The Company expressly disclaims any and all liability related to user postings, publications, transmissions, distributions and uploads relating to the Site, and you acknowledge that any reliance upon such postings, publications, transmissions, distributions and uploads shall be at your sole and absolute risk.  Moreover, the Company in its sole and absolute discretion reserves the right to refuse to post, and the right to remove, any information from this Site, in whole or in part, for any reason.

Any comments, feedback or advice that you provide to us at, through, in connection with or relating to this Site shall be deemed to be non-confidential.  We and our affiliates are free to use such information for any purpose that we deem appropriate (in our sole and absolute discretion) on an unrestricted basis.

Site Information

The Company does not represent or endorse the accuracy or reliability of, and specifically and expressly disclaims any and all liability related to (whether directly or indirectly), any information displayed, uploaded, posted on the Site, or otherwise distributed or transmitted through the Site by any person or entity.  Moreover, the Company in its sole and absolute discretion reserves the right to refuse to post, and the right to remove, any information from this Site, in whole or in part, for any reason.  Any comments, feedback or advice that you provide to us at, through, in connection with or relating to this Site shall be deemed to be non-confidential and we (and our affiliates) shall have an unrestricted right to post and publish the same (in our sole and absolute discretion) for any purpose.

Your Conduct, Behavior and Duties

You represent, warrant and agree that you will not, directly or indirectly: (a) falsify or misrepresent any information regarding your identity or intentions with respect to any matter in connection with the Site; (b) post, publish, transmit, distribute, or upload any information or materials through the Site that the Company, in its sole and absolute discretion, deems unlawful, obscene, lewd, sexually explicit, derogatory, abusive, threatening, discriminatory with respect to race, religion or gender, or is otherwise disagreeable; (c) post, publish, transmit, distribute, or upload any information or materials through the Site that contains a virus, or any other harmful software code or programming routine that could impair operation of the Site or access of others who may, do or will access, browse or use the Site; (d) post, publish, transmit, distribute, offer or upload any information or materials through the Site that is unlawful, false, deceptive, misleading, fraudulent, or otherwise disagreeable, including without limitation, any information, communication or transmission that constitutes or supports the commission of any illegal activity or any violation of local, state, national or applicable foreign law, including without limitation any export laws and regulations; (e) post, publish, transmit, distribute, or upload any information or materials through the Site that violates any copyright, trademark or any other proprietary intellectual property rights of others, unless you have obtained express permission from such owner; (f) post, publish, transmit, distribute, or upload any information or materials through the Site that violates any legal, property, intangible, confidentiality or privacy rights of others, unless you have obtained express permission from such owner (g) post, publish, transmit, distribute, or upload through the Site any bulk e-mail solicitations, chain letters, solicitations, advertisements, pyramid schemes or any other unsolicited communication, including, without limitation, spamming those who access, browse or use the Site; and (h) use, reproduce, distribute, publish or communicate any information or materials obtained from the Site for any commercial reason, unless such activity has been expressly approved by the Company.

You will promptly report to us any violation of the Agreement by others that you are aware of (or should be aware of, based upon the circumstances).

Proprietary Information

All information, materials, content, images, graphics, software, trademarks, logos, service marks on the Site (collectively the "Proprietary Information") is and are the sole and exclusive property of the Company, unless otherwise stated, and may not be used, copied, reproduced, distributed, republished, uploaded, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written consent of the Company.  The Proprietary Information, including (without limitation) all HTML code, server-side code, XML code, and compilations of meta tag key words, specification and trade name data, newsletters and publications, press materials, product and service descriptions, testimonials and all similar data and information, is exclusively owned by the Company, and is and shall, to the maximum extent allowed by law, be protected by copyright and trademark laws and international treaty provisions.  To the extent the Proprietary Information is also covered by copyright law (and you are hereby advised that much or all of the Proprietary Information is copyrighted), violators are given notice that any such violations may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.  Users of the Site shall have no right to the Proprietary Information.  COPYING OR REPRODUCTION OF THE PROPRIETARY INFORMATION, INCLUDING BUT NOT LIMITED TO SOFTWARE OR CONTENT, TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Trademark Information

You are hereby informed that registered trademarks of Lantronix in the United States and other countries include (without limitation) all of the following:  Lantronix, DSTni, Device Server, Easy Connection, Easy Server II, EMTalk, EPipe, Extend, Evolution OS, EZWebCon, GoFast, IntelliBox, MatchPort, MatrixHub, MSS-VIA, NetPeer, PremierWave, ProtoTask!, SecureBox, SoftScope, SuperTask!, TronTask!, TruPort, USFiles, USLink, USNet, US Software, ViewTask!, UBox, UPORT, WiBox, WiPort, xPico, XPort and xPrintServer.

You are also hereby informed that trademarks of Lantronix include (without limitation) all of the following:  AccessMyDevice, Acola, Active Control Network, ActiveLinx, Colime, Commander X, CellBox, ConsoleWare, Cotix, CoBox, DeviceInstaller, DeviceLinx, DST Enable, DST NetCard, DVIFiberlynx, EDS-MD, ENOS, EPS1, EPS2, EPS4, EPS4P1, EPS2P2, ETS8P, ETS16P, ETS4P4, EventTrak, EZCon, EZMan, EZMon, EZWebCon, LB2, LFA-PT, LEA-P2T, LEA-12T, LFR12, LFR8-A, LFR4-A, LFX2, LFX2-MA, LMR4TA, LMR4T-2, LMR8T-2, LMR9T, LMR16TA, LMR8TA, LMR8TT, LMS8-A, LMS2F8-MA, LMS1F4, LMS2F8, LSW8F, LSW8F-S, LNA2, LNA6, Loxx, LPM2, LPM4, LPM8, LPS1-T, LPS1-2, LRS1-T, LRS2, LRS16, LRS32, LSB4, LSW8, LTR1, LTR4, LTR8, LTR8T, LTR8TA, LTR16T, LTX-C, LTX-FL, LTX-T, LTX-TA, LTX-2, LTX-2A, LTX-5, Machine2Mainstream, ManageLinx, MPS1-T, MPS1-2, MSense, MSS485, MSS1-T, MSS1-T2, PCFiberlynx, Pronet, Remote KVM, Safix, Secure Com Port Redirector, Secure Console Server, Spider Duo, SmartRoam, SwitchPort+, Totally Dynamic Object Model, TrueFit, UPort, VIP Access, We Make Things Think, WiMicro, WiSpan, XChip, xDirect, XPort Architect (AR), XPort Direct, XPort Direct+, XPress, XPress-Pro, XPress-DR+, xSenso, and vSLM.  In addition, "Network Anything. Network Everything." and "Connect Your Imagination to the Net" are also trademarks of Lantronix.

Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks (including, without limitation, any and all of the above listed trademarks) displayed on this Site without the prior express written consent of Lantronix or such party that may own the trademarks. The absence of a product or service name or logo anywhere in the text of this Site does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.  All other products and brand names are trademarks and/or registered trademarks of their respective companies.

All products mentioned herein are used for identification purposes only and may be trademarks of their respective companies.  Prices, product descriptions and illustrations on this website are subject to change without notice.  Lantronix is not liable for damage due to omissions or typographical errors and further informs you that inventory of some items is limited to supply on hand, and in any event, the content and materials on the Site is for general informational and communication purposes only and is presented “as-is” without any representations or warranties relating to its accuracy, reliability or usefulness.

Notification of Copyright Infringement

Lantronix will, in appropriate circumstances, terminate the access and use of the Site of users who infringe the rights, security or property of others.  If any individual or entity believes that his, her or its rights, security or property has been used or copied in a prohibited manner through or in connection with the Site, please provide our Infringement Agent a written notice containing the details of such infringement and the action requested of the Company. 

Supervision

The Company reserves the right, but has no obligation, to supervise all material, content and information on the Site.  The Company also reserves the right (but has no obligation), in its sole and absolute discretion, to amend, edit, remove or otherwise block any information, material or content on the Site.  However, to the maximum extent allowed by law, the Company does not assume responsibility for verifying the content, materials and information on the Site and is not responsible for any damages, losses, expenses or other injuries incurred by any user as a result of, or in connection with, any content, material and information posted, published, transmitted, distributed or uploaded on the Site.  Users of the Site agree to indemnify and hold harmless the Company from any damages, losses, expenses or other injuries incurred by any user as a result of, or in connection with, using the Site.

Access

We may alter, suspend or discontinue the Site or your access to use the Site at any time for any reason without notice or liability to you or to any third party.  The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems or operations.  You shall be solely responsible for ensuring that any information, materials or content obtained from the Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software or data.  Furthermore, you expressly agree to indemnify and hold harmless the Company from any damages, losses, expenses or other injuries incurred by you as a result of, or in connection with, any system errors, malfunctions or other interruptions or temporary or permanent discontinuation of the Site.
The Company also reserves the right, in its sole and absolute discretion, to modify, suspend or terminate any aspect of the Site at any time, with or without notice to any past, current or potential users of the Site.

Links to Third Parties

The Site may contain links and pointers to Internet sites maintained by third parties.  The Company does not operate or control in any respect any information, products or services on such third-party sites.  Third-party links and pointers are included solely for the convenience of users of the Site, and do not constitute any endorsement or verification by the Company.  You expressly agree to assume sole responsibility for use of third party links and pointers. 
Please recognize that we do not control these third party websites and we make no representations or warranties whatsoever about any website.  This Agreement does not apply to the use of any of these other websites and you should consult the applicable terms of use of each third party website before using such third party website. 
The Company expressly disclaims any and all liability and responsibility for the content of any websites other than the Site.  Furthermore, you are directed to take any and all precautions to ensure that third-party websites are free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Links to Us

Unless another party has entered into a written agreement with the Company, a party may only provide a hypertext link to the Site on another web site, if such hyperlink complies with all of the following conditions: 1) the link must be a text-only link clearly marked as www.lantronix.com or www.accessmydevice.com, as applicable; 2) the link must "point" to the URL "http://www.lantronix.com" or www.accessmydevice.com and not to any other pages within the site; 3) the link, when activated by a user of the Site, must display the Site full-screen and not with a "frame" on the linking web site; and 4) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with the name and trademarks of the Company and the Site and must not create the false appearance that the Company or the Site is associated with or endorses or sponsors the linking web site.  The Company may selectively revoke its consent to any link at any time in the Company's sole and absolute discretion.

Disclaimer of Warranties

TO THE FULLEST AND MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW(S), THE FOLLOWING DISCLAIMER SHALL APPLY:  THE SITE AND ALL INFORMATION, CONTENT AND MATERIALS THEREON ARE DISTRIBUTED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.  TO THE FULLEST AND MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW(S), THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT WARRANT THAT: (1) THE INFORMATION, MATERIALS OR CONTENT ON THE SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

Opinions, comments, advice, statements, offers, or other materials, information or content made available through the Site, but not directly by us, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content. LANTRONIX DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE BY ANY THIRD PARTY, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, COMMENT, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN LANTRONIX (AND EVEN THEN, ONLY SUBJECT TO THE LIMITATIONS OF LIABILITY AND OTHER TERMS SPECIFIED HEREIN).  UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT OR MATERIALS POSTED OR PUBLISHED OR UPLOADED ON THE SITE, OR TRANSMITTED OR DISTRIBUTED TO, OR BY, ANY OTHER USERS OR THIRD PARTIES.

Limitation of Liability

The Company shall have no liability whatsoever to any user for any damages, losses and causes of action (whether in contract or in tort or otherwise) in connection with the access, browsing or usage of the Site or any of the information, content or materials contained thereon.  No third-party beneficiaries are created by virtue of the Agreement and the Company expressly disclaims any liability under any circumstances for any damages, losses and causes of action (whether in contract or in tort or otherwise) to any third parties in connection with the access, browsing or usage of the Site or any of the information, content or materials contained thereon.

IN NO EVENT WILL LANTRONIX BE LIABLE (EVEN IF LANTRONIX KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, ANY OF THE FOLLOWING: (I) ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS, USAGE OR BROWSING OF THE SITE; (II) THE USE OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES; (III) THE DOWNLOADING OF ANY MATERIALS, DATA, CONTENT, INFORMATION, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE; AND (IV) ANY OF THE CONTENT, INFORMATION OR MATERIALS CONTAINED ON OR THROUGH THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH OR RELATING TO THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SITE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.

THE COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES.  NEITHER THE COMPANY NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

If applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages to the extent provided above, the above limitation or exclusion will not apply to you, but only to the extent that it is disallowed pursuant to applicable law.  In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you, if any for accessing the Site.  UNDER ABSOLUTELY NO CIRCUMSTANCES SHALL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH OR RELATED TO THIS AGREEMENT OR THE USE OR NON-USE OF THE SITE, EXCEED THE AMOUNT PAID BY YOU TO ACCESS THE SITE, OR, IF YOU HAVE NOT PAID TO USE THE SITE, THE AMOUNT OF $25.00 (TWENTY-FIVE UNITED STATES DOLLARS) OR ITS EQUIVALENT.

Indemnification

You agree to indemnify and hold harmless the Company's shareholders, directors, officers, employees and agents to the fullest extent permitted by law against any and all damages, claims, liabilities, costs and expenses incurred (including all reasonable fees and disbursements of counsel and all reasonable travel and other out-of-pocket expenses incurred in connection with investigation of, preparation for and defense of any pending or threatened claim and any litigation or other proceeding arising or related thereto, whether or not in connection with pending or threatened litigation in which the Company or any other indemnified person is a party), including, but not limited to, actual and consequential damages, as a consequence of, relating to, or in connection with any of the following: (a) your use of or inability to use the Site; (b) any user postings, publications, uploads, transmissions or distributions made by you, (c) your violation of any of the terms of this Agreement or your violation of any rights of a third party; or (d) your violation of any applicable laws, rules or regulations.  We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Changes or Specialized Modifications

The Company may, in its sole and absolute discretion, modify or change any aspect of the Agreement at any time, in whole or in part and with or without prior notice to you.  Please consult the end of this Agreement to determine when the Agreement was last revised.  You agree to periodically review this Agreement to ensure that you are in compliance with any ongoing changes or modifications that are made to the Agreement.  Your continued use of the Site after any such modifications or changes are posted will constitute your acceptance of such any modifications to the Agreement.  The Company reserves the right to modify the Agreement as it applies to any specific user, provided that any and all such special modifications must be in writing between the Company and the applicable user.  Any specialized modifications so made shall apply exclusively and only the user that is a party to such written agreement.

General

If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible and the remainder of the Agreement shall continue in full force and effect.

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of law provisions thereof.  You expressly agree that any controversy, dispute or claim (“Litigation”) arising out of, relating to, or in connection with, this Agreement or the Site, or the alleged breach thereof, or relating to our activities or services or to us otherwise under this Agreement, shall be settled by binding arbitration in Orange County, California, in accordance with the applicable rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) shall be binding on the parties and may be entered in any court having jurisdiction as provided herein.  The provisions of Title 9 of Part 3 of the California Code of Civil Procedure, including section 1283.05 and successor statutes, permitting expanded discovery proceedings shall be applicable to all disputes that are arbitrated under this paragraph.  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose (or reasonable discovery thereof) or be forever barred.  In the event of any Litigation, both parties expressly and irremovably consent to the exclusive venue and personal jurisdiction in Orange County, California.  In the event of any Litigation arising from, related to or in connection with this Agreement or the Site, the prevailing party thereof shall be entitled to recover its reasonable expenses, including (without limitation) attorneys’ fees and court costs.  The agreement to arbitrate in this paragraph shall not prevent Lantronix from seeking redress in any court of competent jurisdiction to protect its Proprietary Information or intellectual property, nor shall it prevent either party from enforcing this agreement to arbitrate or enforcing any judgment in any court of competent jurisdiction.

This Agreement comprises the entire agreement between you and us regarding the subject matter hereof, superseding any prior agreements between you and the Company related to your use of the Site (including, but not limited to, any prior versions of the Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your use of the Site.  The failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of the Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.    The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Forward-looking Statements Disclaimer

This Site may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of Lantronix's revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items; (ii) the plans, objectives, and/or projections of Lantronix for future operations, including those relating to the products or services of Lantronix; (iii) Lantronix's future economic performance; (iv) assumptions underlying or relating to any of the foregoing statements or information; and (v) any other projections, estimates, or forward-looking statements.  All such statements and information are forward-looking statements within the meanings of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934.  Such forward-looking statements are based upon, or will be based upon, Lantronix's judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements.  Lantronix wishes to caution you that such forward-looking statements are only predictions and actual events or results may differ materially. For further details and information concerning the foregoing or Lantronix in general, please consult the Company's documents and reports now or hereafter on file with the Securities and Exchange Commission, particularly Lantronix's most recent Form 10-K and Form 10-Q, copies of which are available from Lantronix on this Site at Investor Relations.

Contact Information

We may be contacted with any questions or comments or otherwise regarding this Agreement or the Site as follows:

By Mail:
Legal Department
Lantronix, Inc.
167 Technology Drive
Irvine, CA 92618

By Telephone: 949-450-3990
By Fax: 949-453-3995
By E-mail: legal@lantronix.com

All communication with you will occur at the contact information provided by you to the Company.

Revision Date

This Agreement was last revised on September 29, 2010.

Copyright © 2010 Lantronix, Inc. All Rights Reserved.

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