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Last Updated:
25 July 2007
On This Page
The services that NISCO Holdings S.L. (NISCO)
provides to you are subject to the following
Terms of Use ("TOU"). NISCO reserves the right
to update the TOU at any time without notice to
you. When we do, we will revise the "last
updated" date at the top of the privacy
statement. The most current version of the TOU
can be reviewed by clicking on the "Terms of
Use" hypertext link located at the bottom of our
Web pages.
Through its network of Web properties, NISCO
provides you with access to a variety of
resources, including download areas,
communication forums and product information
(collectively "Services"). The Services,
including any updates, enhancements, new
features, and/or the addition of any new Web
properties, are subject to the TOU.
Unless otherwise specified, the Services are
for your personal and non-commercial use. You
may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell
any information, software, products or services
obtained from the Services.
See the Privacy
Statement disclosures relating to the
collection and use of your information.
Any software that is made available to
download from the Services ("Software") is the
copyrighted work of NISCO 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"). An end user will be
unable to install any Software that is
accompanied by or includes a License Agreement,
unless he or she first agrees to the License
Agreement terms.
The Software is made available for download
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, UNLESS
SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING
SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
NISCO CORPORATION HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, NISCO MAY MAKE
AVAILABLE AS PART OF THE SERVICES OR IN ITS
SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE
AND/OR DOWNLOAD. NISCO DOES NOT MAKE ANY
ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF
ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON
THE SERVICES OR IN NISCO SOFTWARE PRODUCTS.
Permission to use Documents (such as white
papers, case studies, press releases, datasheets
and FAQs) from the Services is granted, provided
that (1) the below copyright notice appears in
all copies and that both the copyright notice
and this permission notice appear, (2) use of
such Documents from the Services is for
informational and non-commercial or personal use
only and will not be copied or posted on any
network computer or broadcast in any media, and
(3) no modifications of any Documents are made.
Use for any other purpose is expressly
prohibited by law, and may result in severe
civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
Documents specified above do not include the
design or layout of the NISCO.com Web site or
any other NISCO owned, operated, licensed or
controlled site. Elements of NISCO Web sites are
protected by trade dress, trademark, unfair
competition, and other laws and may not be
copied or imitated in whole or in part. No logo,
graphic, sound or image from any NISCO Web site
may be copied or retransmitted unless expressly
permitted by NISCO.
NISCO AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED AS PART OF THE
SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. NISCO AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL NISCO 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 THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. NISCO AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
IN NO EVENT SHALL NISCO 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
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM
THE SERVICES.
If any of the Services requires you to open
an account, you must complete the registration
process by providing us with current, complete
and accurate information as prompted by the
applicable registration form. You also will
choose a user name and our systems typically
issue a password by email in order to validate
your email address. You are entirely responsible
for maintaining the confidentiality of your
password and account. Furthermore, you are
entirely responsible for any and all activities
that occur under your account. You agree to
notify NISCO immediately of any unauthorized use
of your account or any other breach of security.
NISCO will not be liable for any loss that you
may incur as a result of someone else using your
password or account, either with or without your
knowledge. However, you could be held liable for
losses incurred by NISCO or another party due to
someone else using your account or password. You
may not use anyone else's account at any time,
without the permission of the account holder.
As a condition of your use of the Services,
you will not use the Services for any purpose
that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the
Services in any manner that could damage,
disable, overburden, or impair any NISCO server,
or the network(s) connected to any NISCO server,
or interfere with any other party's use and
enjoyment of any Services. You may not attempt
to gain unauthorized access to any Services,
other accounts, computer systems or networks
connected to any NISCO server or to any of the
Services, through hacking, password mining or
any other means. You may not obtain or attempt
to obtain any materials or information through
any means not intentionally made available
through the Services.
The Services may contain e-mail services,
bulletin board services, chat areas, news
groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or
other message or communication facilities
designed to enable you to communicate with
others (each a "Communication Service" and
collectively "Communication Services"). You
agree to use the Communication Services only to
post, send and receive messages and material
that are proper and, when applicable, related to
the particular Communication Service. By way of
example, and not as a limitation, you agree that
when using the Communication Services, you will
not:
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Use the
Communication Services in connection
with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or
any duplicative or unsolicited messages
(commercial or otherwise). |
| • |
Defame, abuse,
harass, stalk, threaten or otherwise
violate the legal rights (such as rights
of privacy and publicity) of others. |
| • |
Publish, post,
upload, distribute or disseminate any
inappropriate, profane, defamatory,
obscene, indecent or unlawful topic,
name, material or information. |
| • |
Upload, or
otherwise make available, files that
contain images, photographs, software or
other material protected by intellectual
property laws, including, by way of
example, and not as limitation,
copyright or trademark laws (or by
rights of privacy or publicity) unless
you own or control the rights thereto or
have received all necessary consent to
do the same. |
| • |
Use any material or
information, including images or
photographs, which are made available
through the Services in any manner that
infringes any copyright, trademark,
patent, trade secret, or other
proprietary right of any party. |
| • |
Upload files that
contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files,
or any other similar software or
programs that may damage the operation
of another's computer or property of
another. |
| • |
Advertise or offer
to sell or buy any goods or services for
any business purpose, unless such
Communication Services specifically
allows such messages. |
| • |
Download any file
posted by another user of a
Communication Service that you know, or
reasonably should know, cannot be
legally reproduced, displayed,
performed, and/or distributed in such
manner. |
| • |
Falsify or delete
any copyright management information,
such as author attributions, legal or
other proper notices or proprietary
designations or labels of the origin or
source of software or other material
contained in a file that is uploaded. |
| • |
Restrict or inhibit
any other user from using and enjoying
the Communication Services. |
| • |
Violate any code of
conduct or other guidelines which may be
applicable for any particular
Communication Service. |
| • |
Harvest or
otherwise collect information about
others, including e-mail addresses. |
| • |
Violate any
applicable laws or regulations. |
| • |
Create a false
identity for the purpose of misleading
others. |
| • |
Use, download or
otherwise copy, or provide (whether or
not for a fee) to a person or entity any
directory of users of the Services or
other user or usage information or any
portion thereof. |
NISCO has no obligation to monitor the
Communication Services. However, NISCO reserves
the right to review materials posted to the
Communication Services and to remove any
materials in its sole discretion. NISCO reserves
the right to terminate your access to any or all
of the Communication Services at any time,
without notice, for any reason whatsoever.
NISCO reserves the right at all times to
disclose any information as NISCO deems
necessary to satisfy any applicable law,
regulation, legal process or governmental
request, or to edit, refuse to post or to remove
any information or materials, in whole or in
part, in NISCO's sole discretion.
Always use caution when giving out any
personally identifiable information about
yourself or your children in any Communication
Services. NISCO does not control or endorse the
content, messages or information found in any
Communication Services and, therefore, NISCO
specifically disclaims any liability with regard
to the Communication Services and any actions
resulting from your participation in any
Communication Services. Moderators are not
authorized NISCO spokespersons, and their views
do not necessarily reflect those of NISCO.
Materials uploaded to the Communication
Services may be subject to posted limitations on
usage, reproduction and/or dissemination; you
are responsible for adhering to such limitations
if you download the materials.
NISCO does not claim ownership of the
materials you provide to NISCO (including
feedback and suggestions) or post, upload, input
or submit to any Services or its associated
services for review by the general public, or by
the members of any public or private community,
(each a "Submission" and collectively
"Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting")
your Submission you are granting NISCO, its
affiliated companies and necessary sublicensees
permission to use your Submission in connection
with the operation of their Internet businesses
(including, without limitation, all NISCO
Services), including, without limitation, the
license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to
publish your name in connection with your
Submission; and the right to sublicense such
rights to any supplier of the Services.
No compensation will be paid with respect to
the use of your Submission, as provided herein.
NISCO is under no obligation to post or use any
Submission you may provide and NISCO may remove
any Submission at any time in its sole
discretion.
By Posting a Submission you warrant and
represent that you own or otherwise control all
of the rights to your Submission as described in
these Terms of Use including, without
limitation, all the rights necessary for you to
provide, post, upload, input or submit the
Submissions.
In addition to the warranty and
representation set forth above, by Posting a
Submission that contain images, photographs,
pictures or that are otherwise graphical in
whole or in part ("Images"), you warrant and
represent that (a) you are the copyright owner
of such Images, or that the copyright owner of
such Images has granted you permission to use
such Images or any content and/or images
contained in such Images consistent with the
manner and purpose of your use and as otherwise
permitted by these Terms of Use and the
Services, (b) you have the rights necessary to
grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person
depicted in such Images, if any, has provided
consent to the use of the Images as set forth in
these Terms of Use, including, by way of
example, and not as a limitation, the
distribution, public display and reproduction of
such Images. By Posting Images, you are granting
(a) to all members of your private community
(for each such Images available to members of
such private community), and/or (b) to the
general public (for each such Images available
anywhere on the Services, other than a private
community), permission to use your Images in
connection with the use, as permitted by these
Terms of Use, of any of the Services,
(including, by way of example, and not as a
limitation, making prints and gift items which
include such Images), and including, without
limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your
Images without having your name attached to such
Images, and the right to sublicense such rights
to any supplier of the Services. The licenses
granted in the preceding sentences for a Images
will terminate at the time you completely remove
such Images from the Services, provided that,
such termination shall not affect any licenses
granted in connection with such Images prior to
the time you completely remove such Images. No
compensation will be paid with respect to the
use of your Images.
Notifications of claimed copyright
infringement should be sent to us using the
information found on our
contact page.
THE LINKS IN THIS AREA WILL LET YOU LEAVE
NISCO'S SITE. THE LINKED SITES ARE NOT UNDER THE
CONTROL OF NISCO AND NISCO IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. NISCO IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. NISCO IS
PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY NISCO OF THE SITE.
NISCO OR ANY OF ITS EMPLOYEES DO NOT ACCEPT
OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS
FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS,
NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES.
PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE
SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
NISCO'S PRODUCTS OR MARKETING STRATEGIES MIGHT
SEEM SIMILAR TO IDEAS SUBMITTED TO NISCO. SO,
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
NISCO OR ANYONE AT NISCO. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND
MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT NISCO MAKES NO ASSURANCES THAT
YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
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PLEASE NOTE THAT BEFORE YOU BRING A
MACHINE INTO US FOR REPAIR OR UPGRADE YOU
MUST BACK UP
ALL OF YOUR DATA - WHILST WE USE ALL BEST
EFFORTS TO RETAIN DATA WE WILL NOT UNDER ANY
CIRCUMSTANCES GUARANTEE TO RETRIEVE DATA
FROM YOUR MACHINE.
Copyright © 2005-2006 NISCO Holdings S.L.
All rights reserved.
Any rights not expressly granted herein are
reserved.
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