Terms of Use

GENERAL

These terms and conditions of use ("Terms of Use") set forth herein apply to the web site and web pages owned, operated, licensed, and/or controlled by Nogacom (""We"), the main homepage of which is located at http://www.nogacom.eu (the "Web Site").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE.

By using, accessing or browsing through this Web Site you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Web Site. Please note that Nogacom reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Please check back periodically to review such changes in the Terms of Use. Your use of (including any browse through or access of) the Web Site, after such revised Terms of Use have been posted on the above URL, shall constitute your consent to the new or revised Terms of Use.

RESTRICTIONS ON USE OF CONTENT AND MATERIALS

All information, product information (e.g. specifications, datasheets, performance reports, case studies etc), software (e.g. service packs), documentation, content and/or material posted on the Web Site or available through it (“Materials”) are the property of Nogacom or its licensors, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and any other proprietary rights.

No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site. You agree not to infringe upon all the above rights.

Without limiting any of the foregoing, you may not copy, reproduce, republish, upload, sell, rent, lease, sublicense, post, transmit, or otherwise distribute, the Materials or any part thereof. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any of the Materials or modify or create any derivative works of the Materials or documentation; Modification of the Materials or use of the Materials for any other purpose, including without limitations the use of Materials on any other web site or networked computer environment is strictly prohibited, and be deemed a violation of Nogacom copyright and other proprietary (including intellectual property) rights.

Downloads: Some areas of the Web Site may include downloadable Materials. Unless otherwise specified under these Terms of Use or under the Web Site, you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

PATENTS

Without limiting any of the foregoing or hereunder, Nogacom or any of its licensors or affiliates products, technology and processes referred to or posted on the Web Site may be covered by one or more patents and/or are subject to other trade secrets and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and Nogacom and/or its licensors and/or affiliates reserves all such rights.

TRADEMARKS

Without limiting any of the foregoing or hereunder, Nogacom, as well as other names and marks so notified in the Web Site are trademarks of Nogacom (the "Nogacom Marks"). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by Nogacom and/or respective holders.

You may not use Nogacom Marks or product names without Nogacom's prior written authorization. Furthermore, any authorized use of Nogacom Marks or product names shall abide by the following guidelines whenever Nogacom Marks appear:
(i) Your use of Nogacom Marks must not mislead consumers or imply as to any Nogacom sponsorship, affiliation, or endorsement of your company, or your products or services.
(ii) You should not use Nogacom Marks, or any other trademarks, service marks, logos, or trade names of Nogacom, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or third party's products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations.
(iii) At least upon the first occurrence of each of the Nogacom Marks, the appropriate ® or ™ symbol shall appear.
(iv) In any material in which the Nogacom Marks appear, a notice in the following format will be added: "Nogacom, Nogacom logo, [any names of additional Nogacom Marks you use] are trademarks of Nogacom".
(v) All Nogacom Marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by Nogacom, without any variations of same.
(vi) The Nogacom Marks shall be used as an adjective followed by the generic term for the product/service.
(vii) Examples: Nogacom™ solutions are excellent.
Wrong: The Nogacom™ performance is excellent.
Right: The performance of Nogacom® is excellent.
(viii) The Nogacom Marks shall not be used as a plural noun, for example:
Wrong: These are two Nogacoms
Right: These are two Nogacom™ programs
(ix) The Nogacom Marks shall not be used in a possessive form:
Wrong: Nogacom™ utility software testing is optimal.
Right: The utility software of the Nogacom™ software is optimal.
(x) The Nogacom Marks shall not be used as a verb.
Wrong: the data was Nogacomed.

These guidelines are not a definitive statement of proper brand and trademark use. Nogacom reserves the right to oppose any uses of Nogacom Marks that Nogacom, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. Nogacom further reserves the right to revise these guidelines at any time, without notice.

CONTENT, PRODUCTS AND SERVICES INFORMATION

Nogacom hereby provides you with access to certain publication. Except as otherwise expressly provided on this Web Site, Nogacom gives you permission to view, copy, print, and distribute documents within this web site (such as FAQs, white papers, datasheets, and so on), subject to the following restrictions:
(i) You will use the information for your own personal or business purposes, and not for purposes of creating or promoting any commercial product or service.
(ii) You will not modify the documents or graphics.
(iii) You will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context.
(iv) You will display the copyright notice "Copyright © 2006-2009 Nogacom. All Rights Reserved" and the below trademark notice on all documents or portions of documents and retain any other copyright and other proprietary notices on every copy you make.
(v) You agree that Nogacom may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Nogacom.
(vi) The permission above does not include permission to copy the design elements, look and feel, or layout of this web site. Those elements of the web site are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner.
(vii) Some materials available through this site are subject to specific terms and conditions of use that will be provided to you before you may access those materials. You may not use or download those materials unless you have reviewed and accepted the applicable terms and conditions.
All content available through the Web Site, including but not limited to data, pictures of products, technical drawings, configurations, quote and order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Web Site. Specifications for products and services are subject to change without notice, and Nogacom reserves the right to make changes without notice to processing, materials, or configuration.

YOU ACKNOWLEDGE THAT USE OF ANY AND ALL DATA AND MATERIALS AVAILABLE THROUGH THE WEB SITE OR THROUGH ANY SOFTWARE OR PRODUCTS MADE AVAILABLE THEREFROM SHALL BE MADE AT YOUR SOLE RISK AND DEPENDS SOLELY ON YOUR OWN JUDGMENT, INTERPRETATION AND CONSIDERATION, AND YOU SHALL BE SOLELY RESPONSIBLE IN CONNECTION WITH ANY SUCH USE.

All information and Materials on the Web Site or made available therefrom is subject to the disclaimers of section 11 below.

RESTRICTED SECTIONS

Access to some areas on this Web Site is restricted to users authorized in advance by Nogacom, in accordance with Nogacom policy ("Authorized User(s)") who have completed a registration process and who have then been granted authorization for access, through issuance of a unique user ID and password ("Restricted Section(s)"). No other persons other than Authorized Users may access these Restricted Sections. Registration, passwords and user IDs are personal and non-transferable. You will bear the sole responsibility for (1) maintaining the strict confidentiality of any user ID and password assigned to you (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your user ID and password. Nogacom shall not be liable for any harm related to the theft of your user ID and password, any disclosure of your user ID and password, or your authorization to allow another person or entity to access and use the Restricted Sections using your user ID and password. You agree to immediately notify Nogacom of any unauthorized use of your user ID and password.

SUBMISSIONS OF MATERIALS

Except as may be otherwise provided in a separate written agreement between you and Nogacom you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, arts, original or creative materials or other information, provided by you in the form of email or submissions to Nogacom, or postings at this Web Site, are non-confidential and shall become the sole property of Nogacom to the fullest extent permitted by applicable law. Nogacom shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent Nogacom from becoming the sole owner of any such property, then this provision shall be effective as granting to Nogacom (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, non-exclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.

INTERACTIVE AREA(S), POSTINGS AND USER CONDUCT

"Interactive Area(s)" shall mean but is not limited to forums, blogs, mailing lists, request information forms, etc. offered as part of this Web Site, and any other forms of group electronic communications which may be made available through the Web Site from time to time. If you participate in Interactive Areas you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of any third-party; (3) would invade the privacy of any other person; (4) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (5) otherwise inappropriate or unlawful.

You also expressly agree that you will not: (a) after receiving warning, continue to post material which Nogacom has advised you not to post; (b) attempt to gain unauthorized access to restricted areas of the Web Site, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means; (c) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (d) post, generate or disseminate so-called "spam" or mass-mailings; (e) harvest or otherwise collect information about others, including email addresses, without their consent.

Nogacom is not and shall not be responsible for, screening or monitoring material posted by you or any other person or entity in Interactive Areas. Nogacom reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. Nogacom reserve the right to edit or delete any material posted on our Web Site, regardless of whether such material violates these standards for content.

NOGACOM FURTHER DOES NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. NOGACOM ALSO DOES NOT ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.

The Interactive Areas shall be used by users only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Users of this Web Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.

PRIVACY

Unless otherwise explicitly stated herein or in the Privacy Policy, any information or material sent to Nogacom will be deemed NOT to be confidential. Notwithstanding this sentence, any sensitive information (i.e. credit card numbers, social security numbers, etc.) that is provided to Nogacom will remain confidential. By sending Nogacom any information or material, you grant Nogacom an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Nogacom is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, Nogacom will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) Nogacom first notifies you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) Nogacom is required to do so by law.

To learn more about how Nogacom protects your personal information, such as your name and address, please refer to the Nogacom Online Privacy Statement.

LINKING TO THE WEB SITE

Links to Nogacom’s Web Site may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that Nogacom is affiliated with any person or entity, or that Nogacom otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Web Site may not be such as to damage or dilute the goodwill associated with Nogacom name and trademarks; and (d) all links to the Web Site, when activated by a user, must not display the Web Site within a "frame" on the linking web site, or any other Web Site.

Without limiting any of the above, Nogacom reserves the right to revoke its consent above to the providing of any link to the Web Site, at any time in its sole discretion.

DISCLAIMER

THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOGACOM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

NOGACOM DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED OR OTHERWISE AVAILABLE IN THIS WEB SITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NOGACOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WHATSOEVER WILL NOGACOM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY STOCK QUOTES WHICH MAY APPEAR IN THE WEB SITE) OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY NOGACOM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold Nogacom and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the provisions of these Terms of Use.

THIRD PARTY'S CONTENT

To the extent that the Web Site contains links to outside services and resources, Nogacom does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.

Some of the Materials in this Web Site may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Nogacom.

NO ENDORSEMENT

No reference made in this Web Site to any specific commercial product, process, website or service (or provider of such product, process or service) other than such products, processes, or services of Nogacom, constitute or imply an endorsement, recommendation or favoring by Nogacom. Nogacom makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Web Site, or websites linking to this Web Site.

RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS

Nogacom reserves the right to limit or revoke your access to this Web Site, or any area thereunder, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.

GENERAL

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Israel. If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and Nogacom with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. Nogacom may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by Nogacom of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

The web site and publications are distributed internationally and may contain references to Nogacom products, programs, and services that have not been announced in your country. These references do not imply that Nogacom intends to announce such products, programs, or services in your country.

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