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| Legal Notice |
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Terms of Use. Your use
of the NTI Systems, Inc and or its affiliates and
subsidiaries (hereinafter "NTI Systems") website
(hereinafter "Website") represents your agreement to
comply with all terms, including notices, of this
Website. NTI Systems may change these terms at any time
and your use is subject to the changes. If you do not
accept these terms, you are not authorized to access and
use this Website, and you are required to exit this
Website immediately. Use or reproduction of the content
or materials for any purpose not expressly permitted is
prohibited. NTI Systems reserves the right, in its sole
discretion, to terminate your access to all or part of
this site, with or without notice.
Disclaimer. ALL MATERIALS, INFORMATION AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. NTI
Systems DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. NTI Systems DOES
NOT WARRANT THAT THE CONTENT OF THIS WEB SITE IS
ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL
BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT
ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO
YOU.
Limitation of Liability. NTI Systems AND ITS SUPPLIERS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
ANY OTHER BASIS, EVEN IF NTI Systems HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LIABILITY SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
User Conduct. You shall not in any manner: (i)
distribute, use or make copies of, or otherwise
duplicate any materials contained on the Website, except
as expressly authorized under these Terms or authorized
by NTI Systems; (ii) make the Website, or any Materials
contained on the Website, available to any unauthorized
third party; (ii) sell, loan, rent, lease, re-license,
sublicense, transmit, distribute, re-distribute, or
timeshare the Website, or create any Internet "link" to
the Website without prior express written authorization
from NTI Systems, or "frame" or "mirror" the materials
or services contained on or accessible from the Website
on any other server or Internet-based device; (iii)
cause or permit the reverse engineering, disassembly,
decompilation of, or any other attempt to derive any
software comprising or available through the Website,
except to the extent permitted by law; or (iv) remove,
alter, amend, or otherwise tamper with any titles,
trademarks, copyright, restricted rights notices, or
other proprietary rights legend, or any license
agreement, included or provided with the Website. In
addition, without limitation, You agree not to use the
Website: (a) to harvest, collect, gather or assemble any
Materials for other than internal, noncommercial use;
(b) to harvest, collect, gather or assemble information
or data regarding other users, including e-mail
addresses, without their consent; (c) to transmit or
post any material or information which is unlawful,
harassing, libelous, abusive, harassing, tortious,
defamatory, threatening, harmful, abusive, libelous,
invasive of another's privacy, vulgar, obscene or
otherwise objectionable; (d) to transmit any material
that may infringe the intellectual property rights or
other rights of third parties, including any patent,
trademark, copyright, trade secret, or right of
publicity; (d) to transmit any material that contains
software viruses or other harmful or deleterious
computer code, files or programs such as trojan horses,
worms, time bombs, cancelbots; (e) to interfere with or
disrupt servers or networks connected to the Website, or
violate the regulations, policies or procedures of such
networks; (f) to attempt to gain unauthorized access to
the Website, other accounts, computer systems or
networks connected to the Website, through password
mining or any other means; or (g) to harass or interfere
with another user's use and enjoyment of the Website.
IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF A
CORPORATION OR OTHER LEGAL ENTITY, OR ACCESSING OR USING
THIS WEBSITE AS PART OF YOUR DUTIES AS AN EMPLOYEE OF A
CORPORATION OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT
AND WARRANT TO NTI Systems THAT YOU ARE AUTHORIZED TO
ACT ON BEHALF OF SUCH CORPORATION OR LEGAL ENTITY AND TO
BIND THE SAME TO THESE TERMS AND ALL OBLIGATIONS ARISING
HEREUNDER. ALL RIGHTS AND LICENSES GRANTED HEREUNDER ARE
PERSONAL TO YOU AND SHALL NOT INCLUDE ANY RIGHT TO GRANT
SUBLICENSES TO ANY THIRD PARTY EXCEPT AS EXPRESSLY SET
FORTH HEREIN.
Links to Other Materials. Any linked sites contained
herein are not under the control of NTI Systems and NTI
Systems is not responsible for the contents of any
linked site or any link contained in a linked site. NTI
Systems reserves the right to terminate any links or
linking program at any time. NTI Systems does not
endorse companies or products to which it links and
reserves the right to note as such on its web pages. If
you decide to access any third party sites linked to
this web Website, you do this entirety at your own risk.
Applicable Laws and Export Control. NTI Systems controls
and operates this Website from its location in the
United States. All content and materials of this Website
are protected by copyrights, trademarks or other
proprietary rights of NTI Systems or their respective
owners as well as under any applicable laws and United
States Government export control regulations. These
terms of use shall be governed by and construed in
accordance with the laws of the State of California,
excluding its conflicts of law rules. You expressly
agree that the exclusive jurisdiction for any claim or
action arising out of or relating to these Terms of Use
or your use of this Website shall be filed only in the
state or federal courts located in the State of
California, and you further agree and submit to the
exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action. NTI
Systems makes no representation that materials on this
Website are appropriate or available for use in
locations outside the United States, and accessing them
from territories where their contents are illegal is
prohibited. Those who choose to access this Website from
outside the United States do so on their own initiative
and are responsible for compliance with applicable local
laws. You may not use or export any material within this
Website in violation of the U.S. Department of Commerce
Export Administration Regulations or other requirements
of the U.S. Government regulating the export of such
information. You agree that (i) you are not listed on
the US Commerce Departments Table of Denial Orders, or
otherwise denied the privilege of participating in
transactions involving the export of US origin products
and services; (ii) you are not located in a country that
is subject to embargo by the United States (currently
Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or
the Taliban Occupied Part of Afghanistan); (iii) You are
not engaged, directly or indirectly, in the design,
development, production, stockpiling or use of nuclear,
chemical or biological weapons or missiles: and (iv) you
shall not knowingly export or reexport, (as defined in
Part 779 of the Export Administration Regulations)
directly or indirectly, to any country any of the
information contained herein (or any product, technical
data, or service resulting directly therefrom) without
first having obtained all necessary approvals thereof.
U.S. Government Restricted Rights. If the right to use
this Website is acquired under the terms of: (i) a
Department of Defense contract: the Government's rights
to use, modify, reproduce, release, perform, display or
disclose the Website or accompanying documentation are
subject to the terms and restrictions set forth herein
pursuant to 48 CFR 252.227.7202-3 or its successor; (ii)
a Civilian agency contract: the Government's rights to
use, modify, reproduce, release or disclose the Website
or accompanying documentation are subject to the
restrictions of paragraphs (a) through (d) of the
Commercial Computer Software - Restricted Rights clause
at 48 CFR 52.227-19 or its successor.
Contractor/Manufacturer is NTI Systems Integrated
Products, Inc., a Delaware corporation located at 120
San Gabriel Drive, Sunnyvale, California 94086 U.S.A.
USE OF NTI Systems PRODUCTS IN MEDICAL AND AIRCRAFT OR
OTHER TRANSPORTATION SYSTEMS. NTI Systems Products are
not authorized for use in, or in connection with
Surgical implants, or as critical components in any
medical, or aircraft, or other transportation devices or
systems where failure to perform can reasonably be
expected to cause significant injury to the user,
without the express written approval of an Executive
Officer of NTI Systems. Such use is at Buyer's sole
risk, and Buyer is responsible for verification and
validation of the suitability of Products incorporated
in any such devices or systems. Buyer agrees that NTI
Systems is not liable, in whole or in part, for any
claim or damage arising from such use and shall have no
obligation to warranty such Products. Buyer agrees to
indemnify, defend and hold NTI Systems harmless from and
against any and all claims, damages losses, costs,
expenses and liabilities arising out of or in connection
with Buyer's use of NTI Systems Products in such
applications to the extent Buyer has not obtained the
express written approval of an Executive Officer of NTI
Systems.
COMPLIANCE WITH U.S. EXPORT REGULATIONS. NTI Systems
Products (including samples) are subject to the export
control laws and regulations of the United States and to
the laws and regulations of the country in which the
Products are received. Products may not be sold, leased
or otherwise transferred to restricted end-users or
countries. Buyer hereby agrees to comply with all
applicable export control laws and regulations and will
not use or export NTI Systems Products, directly or
indirectly, in violation of these laws. |
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© 2008 NTI
Systems,
Inc. All Rights Reserved. |
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