Terms of Use
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE ("WEBSITE"). USE OF THIS WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPTED THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE. THESE TERMS GOVERN YOUR USE OF THE WEBSITE AND ANY CONTENT (SUCH AS WHITEPAPERS, DATA SHEETS, FAQ, SOFTWARE, GRAPHICS OR PHOTOGRAPHS) THAT NONSTOP DATA SOLUTION, INC. AND ITS SUBSIDIARIES (COLLECTIVELY "NONSTOP DATA SOLUTION, INC.") MAY MAKE AVAILABLE THROUGH THE WEBSITE (COLLECTIVELY "DOCUMENTS"). TO THE EXTENT ANY SEPARATE AGREEMENT(S) EXIST BETWEEN NONSTOP DATA SOLUTION, INC.AND YOU ("SEPARATE AGREEMENTS"), THEN THE TERMS OF SUCH SEPARATE AGREEMENTS SHALL PREVAIL.
Use Of This Website
When you register on this Website, or when you contact NONSTOP DATA SOLUTION, INC.through this Website for the purpose of receiving products or services, NONSTOP DATA SOLUTION, INC.may collect certain personal information about you. NONSTOP DATA SOLUTION, INC.'s use of such information is governed by the provisions of the NONSTOP DATA SOLUTION, INC.Privacy Statement. You agree to provide true, accurate, current, and complete information and to update such information as necessary to keep it true, accurate, current, and complete. NONSTOP DATA SOLUTION, INC.may terminate, suspend, or modify your registration with, or access to, all or part of this Website, without notice, at any time and for any reason. If you breach any of these Terms, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed Documents (and any copies thereof).
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Except as set forth in a Separate Agreement, permission to use Documents from this Website is granted, provided that (1) you retain in all copies all copyright and other proprietary notices contained in the original Documents, (2) use of such Documents from this Website 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.
Documents specified above do not include the design or layout of the Nonstop Data Solution, Inc..com website or any other NONSTOP DATA SOLUTION, INC.owned, operated, licensed or controlled site. Elements of this Website 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 this Website may be copied or retransmitted unless expressly permitted in writing by NONSTOP DATA SOLUTION, INC.. Ownership of all such trademarks and the goodwill associated with them remains with NONSTOP DATA SOLUTION, INC.or the applicable trademark holder. Use of any and all NONSTOP DATA SOLUTION, INC.trademarks shall at all times conform to NONSTOP DATA SOLUTION, INC.'s trademark usage policy.
NONSTOP DATA SOLUTION, INC.AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NONSTOP DATA SOLUTION, INC.AND/OR ITS RESPECTIVE SUPPLIERS 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 NONSTOP DATA SOLUTION, INC.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 ON THIS WEBSITE. IN NO EVENT SHALL THE LIABILITY OF NONSTOP DATA SOLUTION, INC.AND ITS RESPECTIVE SUPPLIERS ARISING FROM OR RELATED TO THE USE OF THIS WEBSITE EXCEED ONE HUNDRED DOLLARS (US$100).
Some jurisdictions do not allow the exclusion of warranties or liability for certain damages, so the above exclusions may not apply to you.
THE DOCUMENTS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NONSTOP DATA SOLUTION, INC.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.
Notices Specific to Software Available on this Website
Any software that is made available to download from this Website ("Software") is the copyrighted work of NONSTOP DATA SOLUTION, INC.and/or its suppliers. Use of the Software is governed by the terms of the license agreement, which accompanies or is included with the Software or has been agreed to by NONSTOP DATA SOLUTION, INC.and you in writing ("License Agreement"). An end user may not install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. If no License Agreement accompanies or is included with the Software, then such Software shall be deemed to be Documents hereunder and these Terms shall govern your sue of such Software.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER WEBSITE 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, NONSTOP DATA SOLUTION, INC.HEREBY DISCLAIMS 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.
Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
FOR YOUR CONVENIENCE, NONSTOP DATA SOLUTION, INC.MAY MAKE AVAILABLE ON THIS WEBSITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. NONSTOP DATA SOLUTION, INC.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 THIS WEBSITE OR IN NONSTOP DATA SOLUTION, INC.'S SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this Website 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 NONSTOP DATA SOLUTION, INC
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. All inquiries not relevant to making a claim of copyright infringement will not receive a response.
LINKS TO THIRD PARTY SITES This Website contains links to third party sites that allow you to leave this Website. Such third party linked sites are not under the control of NONSTOP DATA SOLUTION, INC.and NONSTOP DATA SOLUTION, INC.is not responsible for the privacy practices or the content, accuracy or opinions expressed on such linked sites, including any webcasting or other forms or transmission, any link contained in a linked site, or any changes or updates to such sites. NONSTOP DATA SOLUTION, INC.provides links to third party sites only as a convenience to you and the inclusion of any link does not imply endorsement by NONSTOP DATA SOLUTION, INC.of such third party site.
Linking to This Website
Except as set forth in a Separate Agreement, you may create links to this Website as long as you comply with all applicable laws and the following terms: Your links to this Website: (a) should not replicate any Documents (including any NONSTOP DATA SOLUTION, INC.logo); (b) shall not create frames or a browser or border environment around any Documents; (c) shall not imply that NONSTOP DATA SOLUTION, INC.endorses your website or any products, services, or content available through such website; (d) shall not misrepresent your relationship with NONSTOP DATA SOLUTION, INC.; (e) shall not present false or misleading information about NONSTOP DATA SOLUTION, INC., its products, or its services or otherwise damage the goodwill associated with NONSTOP DATA SOLUTION, INC.or its trademarks; or (f) shall not contain content that could be construed as distasteful, offensive, or controversial.
Unsolicited Idea Submission Policy
NONSTOP DATA SOLUTION, INC., its employees, agents and/or subsidiaries, will not accept or consider unsolicited ideas, including but not limited to ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Submission of any original creative artwork, samples, demos, or other works to NONSTOP DATA SOLUTION, INC.is expressly prohibited. In the event a submission including unsolicited materials of any nature is received by NONSTOP DATA SOLUTION, INC., said submission shall be destroyed and NONSTOP DATA SOLUTION, INC.shall not be liable for any direct or consequential damages suffered by the sender, or be under any obligation to treat such material as confidential or proprietary. It is expressly understood that the reason for NONSTOP DATA SOLUTION, INC.'s policy on unsolicited idea submission is to prevent a third party from making a claim of infringement against NONSTOP DATA SOLUTION, INC.on the basis of an idea, product, or other material that is developed by NONSTOP DATA SOLUTION, INC., that may be similar to or the same as an idea, product, or other material contained in an unsolicited submission that may have been submitted to and/or received by NONSTOP DATA SOLUTION, INC..
Feedback and Information
Any feedback you provide at this Website shall be deemed to be non-confidential. NONSTOP DATA SOLUTION, INC.is free to use such information on an unrestricted basis.
Export Control
You shall follow all export control laws and regulations relating to the Software and Documents. You hereby acknowledge responsibility for compliance with all applicable US and local laws and regulations related to import and export and acknowledge and agree that NONSTOP DATA SOLUTION, INC.items (hardware, software and technology/technical data) are subject to the U.S. Export Administration Regulations. Diversion of such items contrary to U.S. law is prohibited. You agree that none of the items or any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to prohibited or embargoed countries, or be used for any prohibited end-use, such as nuclear activities, chemical/biological weapons, or missile projects, unless expressly authorized by the U.S. Government. Prohibited countries are set forth in the Supplement 1 to Part 740 of the U.S. Export Administration Regulations. Countries currently subject to U.S. embargo include: Cuba, Iran, N. Korea, Sudan and Syria. This list' is subject to change without further notice from NONSTOP DATA SOLUTION, INC.and you understand that compliance with the list as it exists in fact is required. You agree to strictly comply with all U.S. export laws and regulations and assume sole responsibility for obtaining any/all licenses required for export or re-export. Licensee agrees to consult the EAR, the Bureau of Industry and Security's Export Counseling Division, and other appropriate sources before distributing, importing, or using NONSTOP DATA SOLUTION, INC.products.
Modification
NONSTOP DATA SOLUTION, INC.may, in its sole and absolute discretion, change these Terms from time to time and will post notice of such changes on this Website. If you object to any such changes, you should cease using this Website as 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. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website. In such circumstances, the expressly-designated legal notice or term are deemed to be incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
Miscellaneous
These Terms shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents. All disputes arising out of or relating to these Terms or your use of this Website shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of either party 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, you agree that the court should endeavor to give effect to the intentions of you and NONSTOP DATA SOLUTION, INC.as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of this Website. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
The information contained in this web site is subject to change without notice.