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Nmdg.be / Nmdg.eu Terms Of Use
Last Updated: Wed May 28 2008
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE
USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU
ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"),
DO NOT USE THIS WEB SITE.
On This Page
ACCEPTANCE OF TERMS.
The services that NMDG provides to you are subject
to the following Terms of Use ("TOU"). Nmdg reserves
the right to update the TOU at any time without notice to
you. The most current version of the TOU can be reviewed by
clicking on the "Terms of Use" hypertext link located
at the bottom of our Web pages.
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DESCRIPTION OF SERVICES
Through its network of Web properties, NMDG provides
you with access to a variety of resources, including developer
tools, download areas, communication forums and product information
(collectively "Services"). The Services, including
any updates, enhancements, new features, and/or the addition
of any new Web properties, are subject to the TOU.
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PERSONAL AND NON-COMMERCIAL USE
LIMITATION.
Unless otherwise specified, the Services are for your personal
and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software,
products or services obtained from the Services. Top
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PRIVACY AND PROTECTION OF PERSONAL
INFORMATION.
See the Privacy
Statement disclosures relating to the collection and use
of your information.
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NOTICE SPECIFIC TO SOFTWARE AVAILABLE
ON THIS WEB SITE.
Any software that is made available to download from the
Services ("Software") is the copyrighted work of
Nmdg 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").
The Software is made available for download solely for use
by end 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. Violators will
be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE SOFTWARE TO ANY OTHER SERVER 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, NMDG HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, NMDG MAY MAKE AVAILABLE
AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS
AND UTILITIES FOR USE AND/OR DOWNLOAD. NMDG 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 THE SERVICES OR IN NMDG SOFTWARE PRODUCTS.
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NOTICE SPECIFIC TO DOCUMENTS AVAILABLE
ON THIS WEB SITE.
Permission to use Documents (such as white papers, presentations,
press releases, datasheets and FAQs) from the Services is
granted, provided that (1) the below copyright notice appears
in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the
Services 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. Accredited educational institutions, such
as universities, private/public colleges, 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. Violators will be prosecuted to the maximum extent
possible.
Documents specified above do not include the design or layout
of the NMDG site. Elements of the NMDG site 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 the NMDG Web site
may be copied or retransmitted unless expressly permitted
by NMDG.
NMDG AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES
FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NMDG
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL NMDG 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 FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
NMDG 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.
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NOTICES REGARDING SOFTWARE, DOCUMENTS
AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL NMDG 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 SOFTWARE, DOCUMENTS, PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM
THE SERVICES.
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PASSWORDS AND SECURITY.
If any of the Services requires you to complete a registration
process by providing us with current, complete and accurate
information as prompted by the applicable registration form,
you are entirely responsible for maintaining the confidentiality
of the passwords provided.
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NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not
use the Services for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the
Services in any manner that could damage, disable, overburden,
or impair any Nmdg server, or the network(s) connected to
any Nmdg server, or interfere with any other party's use and
enjoyment of any Services. You may not attempt to gain unauthorized
access to any Services, other accounts, computer systems or
networks connected to any Nmdg server or to any of the Services,
through hacking, password mining or any other means. You may
not obtain or attempt to obtain any materials or information
through any means not intentionally made available through
the Services.
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USE OF E-MAIL SERVICES.
You agree to use the Communication Services only to send
and receive messages and material that are proper and, when
applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that
when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or
otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others.
- Distribute any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.
- Distribute files that contain images, photographs, software
or other material protected by intellectual property laws,
including, by way of example, and not as limitation, copyright
or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received
all necessary consent to do the same.
- Distribute files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any other
similar software or programs that may damage the operation
of another's computer or property of another.
- Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source
of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user from using and enjoying
the Communication Services.
- Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others,
including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading
others.
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LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE NMDG'S SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF NMDG AND NMDG IS
NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY
LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES
TO SUCH SITES. NMDG IS NOT RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
NMDG IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY
NMDG OF THE SITE.
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TRADEMARKS.
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