Use of site
Nth Generation Computing, Inc. (“Nth”) authorizes you to view and download the materials at this website (“Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You agree not to use this Site including, without limitation, any materials or services you obtain through your use of the Site: (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty or other law (each a “Law”); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Site or servers or networks connected to the Site. If you breach any of these Terms, your authorization to use this Site automatically terminates, you must immediately destroy any downloaded or printed materials, and Nth may seek all applicable legal and/or equitable remedies available to the fullest extent permitted by law.
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Nth makes no warranty as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site. No advice or information, whether oral or written, obtained by you through the Site or from Nth, its parents, subsidiaries or other affiliated companies, or its or their suppliers, or the respective officers, directors, employees, or agents of any such entities, (collectively the Nth Parties”), shall create any warranty. Nth’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site shall be construed to alter the terms of such agreements. Nth further does not warrant the accuracy and completeness of the materials, software or services at this Site. Nth may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and Nth makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Nth business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Limitation of Liability
IN NO EVENT WILL THE NTH PARTIES, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ANY NTH PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT ANY NTH PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF THE NTH PARTY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
You agree to indemnify, defend and hold harmless the Nth Parties, and each of them, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of claims by a third party relating to your use of this Site, or any breach or violation of the Terms or any other terms and conditions contained on this Site.
Use of Software
Any software that is made available to download from this Site is the copyrighted work of its manufacturer 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”). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
Chat rooms and other user forums
This Site may allow users to post, submit or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (including pictures of the user and other representations of the user's name and likeness), digital images or other content in any form (collectively "User Content"). It is the responsibility of the individual providing such User Content to ensure that no portion of the content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties.
By posting User Content on this Website, you hereby grant Nth an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, worldwide and perpetual license to reproduce, distribute, publicly display, make derivative works of and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from Nth in connection with Nth's exercise of its license rights in and to the User Content you have posted on this Site. You acknowledge and agree that Nth is under no obligation of confidence to you and shall not be liable for any use or disclosure of any User Content. By posting the User Content on this Site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever. You agree to indemnify and hold Nth harmless from all actual and incidental costs and fees associated with Nth’s defense of any claims arising from User Content, including, but not limited to, all attorneys' fees.
Nth may but has no obligation to review any User Content and remove, delete, redact or otherwise modify such User Content, at its sole discretion, at any time and from time to time, without notice or further obligation to you. Nth has no obligation to display or post any User Content. Nth reserves the right to disclose, at any time and from time to time, any information or User Content that Nth deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. Nth shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Site.
Links to third-party Websites
Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. Nth has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Nth does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.
Linking to this site
You may create links to this Site from other sites, but only in accordance with the terms of the Guidelines for linking to Nth’s Websites (below) and in compliance with all applicable laws.
Nth administers this Site from its offices in San Diego, California. Nth makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws notwithstanding your actual place of residence. All lawsuits or legal action arising from or related to this Site shall be brought in the federal and state courts located in San Diego, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Nth to exercise and enforce any right or provision of this Site shall not constitute a waiver of such right or provision. If any term of this Site is found by a court of competent jurisdiction to be invalid, the remaining terms shall remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Site.
Nth reserves the right, at its sole discretion, to change the Terms at any time. Please check these terms periodically for changes. Using this Site following the posting of changes to these terms shall constitute your acceptance of the revised Terms.
Nth may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time. Nth may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability.
Guidelines for linking to Nth’s Website
A site that links to Nth’s website:
May link to but not replicate Nth content
Shall not create a browser or border environment around Nth content
Shall not imply that Nth is endorsing it or its products, services or content
Shall not misrepresent its relationship with Nth
Shall not present false or misleading information about Nth products or services
Shall not use the Nth logo without permission from Nth
Shall not contain content that could be construed as distasteful, offensive or controversial, and shall contain only content that is appropriate for all age groups