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
SITE USAGE
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, ESTOPPEL 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, SERVICEMARKS, 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 DISCLAIM
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 DOES
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 OR
REPRODUCTION 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 TORTIOUS 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
TORTIOUS 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 NOTICE
Copyright 2000-2007
NATHCORP,
Las Vegas, Nevada. All rights reserved.
TRADEMARKS
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.
VI. ARBITRATION
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