TERMS AND CONDITIONS OF USE
The following describes the terms and conditions ("Terms and Conditions", or "Agreement") applicable to your use of the NATHCORP.com Web site ("Site"). By using the Site, you agree to be legally bound by this Agreement
A) Except as expressly provided otherwise in a written agreement between you and NATHCORP, LLC, neither NATHCORP, LLC, nor any NATHCORP , LLC, affiliate nor any third party has conferred upon you by implication, estoppels or otherwise, any license or right under any patent, trademark, or copyright. NATHCORP, LLC, and NATHCORP, LLC, affiliates re and shall remain the exclusive owners of any and all copyrights, trademarks, service marks, and any other intellectual property right of materials related to the site. Except as expressly permitted herein, you shall not reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the site or any information contained thereon.
B) Except as expressly provided otherwise in a written agreement between you and NATHCORP, LLC, all information, the site, and publications are provided "as is" without warranty of any kind and NATHCORP, LLC., and NATHCORP, LLC., affiliates hereby disclaim all warranties either expressed or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.
In addition, NATHCORP, LLC, and NATHCORP, LLC, affiliates disclaim any warranties of non-infringement, title, or quiet enjoyment. in no event will NATHCORP, LLC, nor any NATHCORP, LLC, affiliate be liable for any special, indirect, or consequential damages, or any damages whatsoever resulting from the loss of use, data, or profits, whether in an action for breach of contract or warranty or tort (including negligence) arising out of or in connection with the information, the site, or the publications.
C) Notwithstanding anything to the contrary expressed or implied in this agreement, in no event shall the maximum liability of NATHCORP, LLC, and NATHCORP, LLC, affiliates arising out of or in connection with this agreement, the services, or the site exceed ten thousand dollars ($10,000). the limitations of liability provided in these terms and conditions inure to the benefit of NATHCORP, LLC, NATHCORP , LLC'S affiliates, and to all of NATHCORP , LLC'S and NATHCORP, LLC'S affiliates' respective officers, directors, employees, attorneys, and agents.
D) You assume all risks concerning the suitability and accuracy of the information within the site and publications. The site and publications may contain technical inaccuracies or typographical errors. Neither NATHCORP, LLC, nor any NATHCORP, LLC, affiliate assumes any responsibility for and each hereby disclaims all liability for any such inaccuracies, errors, or omissions in the site and publications and in any other referenced or linked documents.
E) NATHCORP, LLC, may make changes to the information, terms and conditions, site, publications, and product offerings at any time and without notice.
F) The site and publications are distributed internationally and may contain references to NATHCORP, LLC, products, programs, and services that have not been announced in your country. These references do not imply that NATHCORP, LLC, intends to announce such products, programs, or services in your country.
G) The site may contain links to the third-party web sites that are not under the control of NATHCORP, LLC, and neither NATHCORP, LLC, nor any NATHCORP, LLC, affiliate shall be responsible for the content on any linked web site. if you access a third-party web site from this site, then you do so at your own risk. NATHCORP, LLC, provides these links only as a convenience and the inclusion of the link do not imply that NATHCORP, LLC, or any NATHCORP, LLC, affiliate endorses or accepts any responsibility for the content on those third-party web sites.
USAGE OF SOFTWARE AVAILABLE ON THE SITE
A) Any software that is made available to download from this Site ("Software") is the copyrighted work of NATHCORP, LLC, or an affiliate of NATHCORP, LLC Use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software ("License Agreement"). Users shall be prohibited from installing any Software that is accompanied by or includes a License Agreement, unless each user first agrees to the terms of the License Agreement. In the event that no License Agreement accompanies or is included with the Software, the user is hereby granted a thirty (30) day (commencing upon the date of download) limited, revocable, non-transferable, non-exclusive, personal license to use the software for internal evaluation purposes only.
B) The software is made available for downloading solely for use by 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.
C) Without limiting the foregoing, copying reproduction system of the software or any part thereof for any purpose (including, without limitation, further reproduction or redistribution) is expressly prohibited, unless such copying, reproduction or redistribution is expressly permitted by the license agreement.
D) Except as expressly set forth in the license agreement, NATHCORP, LLC, and NATHCORP, LLC, affiliates hereby disclaim all warranties and conditions with regard to the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. in no event shall NATHCORP, LLC, or any NATHCORP, LLC, affiliate 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 tortuous action, arising out of or in connection with the use or performance of software available from this site.
E) RESTRICTED RIGHTS LEGEND. Any Software that is downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is NATHCORP, Las Vegas, Nevada.
USAGE OF DOCUMENTS AVAILABLE ON THE SITE
A) Permission to use documents (such as white papers, press releases, media kits, and case studies, individually and collectively referred to herein as "Documents") from this Site is granted, provided that (1) a copyright notice (in the form set forth in Section IV, below) appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Site 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.
Educational institutions (specifically K-12, universities, and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. For avoidance of doubt, NATHCORP does not grant any Site user any rights (to use, reproduce, or otherwise), nor does NATHCORP make any warranties with request to any documents owned by third parties.
B) Documents specified above do not include the design or layout of the site or any other NATHCORP, LLC, or any NATHCORP, LLC, affiliate owned, operated, licensed or controlled web site. elements of NATHCORP, LLC'S and any NATHCORP, LLC, affiliates' 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 NATHCORP, LLC, or any NATHCORP, LLC, affiliate web site may be copied or retransmitted unless expressly permitted by NATHCORP, LLC, or the applicable NATHCORP, LLC, affiliate.
C) Neither NATHCORP, LLC, nor any NATHCORP, LLC, affiliates make any representations about the suitability of the information contained in the documents and related graphics published on this site for any purpose. all such documents and related graphics are provided "as is" without warranty of any kind. NATHCORP, LLC, and NATHCORP, LLC, affiliates hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. in no event shall NATHCORP, LLC, or any NATHCORP, LLC, affiliate 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 tortuous action, arising out of or in connection with the use or performance of information available from this site.
D) the documents and related graphics published on this site could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. NATHCORP, LLC, and NATHCORP, LLC, affiliates reserve the right to and may make improvements and/or changes at any time.
Copyright © 2000-2014 NATHCORP, Las Vegas, Nevada. All rights reserved.
NATHCORP, LLC is a registered trademark of NATHCORP, LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Reference to such third party trademarks herein is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship, or endorsement. Any rights not expressly granted herein are reserved.
Any dispute, claim, or controversy of any kind arising in connection with, or relating to, this Agreement, shall be resolved exclusively by binding arbitration in Irvine, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, by three (3) arbitrators appointed in accordance with said rules. Each of such arbitrators shall be demonstrably experienced and knowledgeable in matters pertaining to the type of business contemplated herein. The arbitrators shall have no power or authority to add to or detract from the agreement of the parties as set forth herein, or to award punitive, exemplary, consequential, special, indirect, or incidental damages.
The fact that this Agreement provides for arbitration shall not impair the exercise of any termination rights under this Agreement. Each party shall bear its own legal fees and one-half of costs of the arbitrators and the arbitration proceedings. Judgment on the award rendered by the arbitrators may be entered into any court of competent jurisdiction. The foregoing shall not apply to the unauthorized copying, use, or disclosure of NATHCORP, LLC's Confidential Information, or the intellectual property of NATHCORP, LLC.