PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
BY USING THE NANOSOFT WEB SITE (NANOSOFT SITE
), BY PROVIDING US WITH INFORMATION, BY USING THE SERVICES OFFERED BY THE NANOSOFT SITE AND/OR BY PURCHASING PRODUCTS FROM THE SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE AGREEMENT
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE NANOSOFT SITE
2. INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the Nanosoft Site and the text, software, music, sound, photographs, video, graphics, domain names, URL's, advertisements, commercially produced information, and other materials contained on the Nanosoft Site (Nanosoft content
), including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property
), are the sole property of ZAO Nanosoft (Nanosoft
) or its third party licensors, and, except as provided in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except as provided in this Agreement, Nanosoft does not grant to you any express or implied rights to Nanosoft or any third party's Intellectual Property. The Nanosoft Intellectual Property is protected by copyright, trade secret, and other intellectual property laws and by international treaties, all of which provide rights and obligations that are supplemental to the rights and obligations set forth in this Agreement.
3. USE OF NANOSOFT CONTENT
You understand and agree that you are permitted to use Nanosoft Content only as expressly authorized by Nanosoft or its third party licensors, as applicable. You may download, view, copy and print Nanosoft Content, subject to the following: (a) the Nanosoft Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the Nanosoft Content may not be modified or altered in any way.
All Nanosoft graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of Nanosoft. Nanosoft trademarks and trade dress may not be used in connection with any product or service that is not Nanosoft, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nanosoft.
All other trademarks not owned by Nanosoft that appear on the Nanosoft Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nanosoft
5. USER RESPONSIBILITIES
In consideration for your use of the Nanosoft Site, you must:
(1) provide all equipment necessary for accessing and utilizing the Nanosoft Site;
(2) provide for your own access to the World Wide Web and pay any telephone service fees or other charges associated with your access; and
(3) agree to adhere to the terms of this Agreement.
If you decide to purchase products or services through the Nanosoft Site, you agree to:
(1) provide certain current, complete, and accurate information about yourself as prompted to do so during checkout (this information will be referred to as Customer Information); and
(2) maintain and update your Customer Information as required to keep it current, complete and accurate.
6. SOFTWARE DOWNLOAD AND NEWSLETTER SUBSCRIPTION
The person who downloads any software from Nanosoft, subscribes automatically to the Nanosoft Newsletter, which now and then will be send. The Nanosoft Newsletter contains news and product information. Each Nanosoft Newsletter has an unsubscribe function that can be used at any time.
7. LINKS TO THIRD PARTY WEBSITES
Nanosoft have no control over any of the third party websites to which the Nanosoft Site has links nor do Nanosoft contribute in any manner to these third party websites and Nanosoft assume no responsibility for the contents of any third party websites to which the Nanosoft Site has links.
These links are provided solely as a convenience to you. If you use these links, you will leave the Nanosoft Site. Nanosoft exclude all liability arising therefrom and do 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 by using them. If you decide to access any third party websites linked to the Nanosoft Site, you do so entirely at your own risk.
8. USER MATERIALS
. You agree not to provide Nanosoft with any User Materials that are confidential. You understand that the technical processing and transmission of information on the Nanosoft Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. In the event that you make accessible communications or other materials that infringe the copyrights of a third party, Nanosoft will terminate your access to the Nanosoft Site in accordance with Nanosoft Copyright Policy as set forth below.
9. PERSONALLY IDENTIFIABLE INFORMATION
10. IDEA SUBMISSION POLICY
Nanosoft will not accept or consider unsolicited ideas, including without limitation ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when Nanosoft products or services (collectively, Nanosoft Products
) might seem similar to ideas submitted to Nanosoft. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to Nanosoft or anyone at Nanosoft. If, despite this request, you still send us your ideas and materials, please understand that Nanosoft will not treat your ideas or materials as confidential or proprietary.
12. ACCEPTABLE USE
In consideration of your use of the Nanosoft Site, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify Nanosoft of any unauthorized use of your account or any other breach of security of which you are aware.
You agree not to:
(a) upload, download or transmit via the Nanosoft Site any User Materials that are offensive, vulgar, profane, obscene, sexually explicit, pornographic, inflammatory, harassing, excessively violent, threatening, tortuous, invasive of another's privacy or publicity rights, abusive, hateful, libelous or defamatory, plagiarized, harmful to minors, racially, ethnically, or otherwise objectionable in any way, infringe any patent, trademark, copyright, rights of publicity, or other intellectual property right, would constitute or encourage a criminal offense, violate the rights of any party, would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law, contain direct links (by a single click) to web sites that contain information of the kind described in this section, or constitute unsolicited promotions, advertising materials, "spam," chain-letters, or other such solicitation;
(b) use the Nanosoft Site to publicly broadcast, transmit, or display User Materials for "pay-per-download" or other commercial purposes, or which include a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Nanosoft Site or any Internet host;
(c) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted User Materials including impersonating another person or entity;
(d) disrupt or interfere with the security of, or otherwise abuse, the Nanosoft Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Nanosoft Site or affiliated or linked services, or use any device or software designed to circumvent technological measures employed to control access to the Nanosoft Site or products made available on the Nanosoft Site;
(e) harvest or otherwise collect information about others, including e-mail addresses, without their express consent;
(f) sublicense, lease, rent, sell, resell, or otherwise transfer rights to the Nanosoft Site or exploit for any commercial purposes any use of the Nanosoft Site;
(g) modify, translate, decompile, reverse-engineer, disassemble, or create derivative works based on the Nanosoft Site, or bypass the Nanosoft Site and directly access any individual components of or products that are included in the Nanosoft Site; or
(h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other legal notices displayed on the Nanosoft Site or in Nanosoft Content printed or downloaded through the Nanosoft Site, or contained in or included with products or services received through the Nanosoft Site.
13. NO OTHER WARRANTIES
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE NANOSOFT END USER LICENSE AGREEMENT, THE NANOSOFT SITE AND PRODUCTS OFFERED THROUGH THE NANOSOFT SITE UNDER THIS AGREEMENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NANOSOFT DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. NANOSOFT AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE NANOSOFT SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. NANOSOFT AND ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR THE NANOSOFT SITE OBTAINED FROM NANOSOFT OR A THIRD PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. YOU UNDERSTAND AND AGREE THAT ANY NANOSOFT CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE NANOSOFT SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF THE NANOSOFT SITE ARE GOVERNED SOLELY BY THE THIRD PARTY'S TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND NANOSOFT HAS NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NANOSOFT, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE NANOSOFT SITE, THE PRODUCTS OFFERED THROUGH THE NANOSOFT SITE, INCLUDING WITHOUT LIMITATION THE NANOSOFT PRODUCTS OR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF NANOSOFT WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. NANOSOFT CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE NANOSOFT SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF NANOSOFT FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, $100.00.
You agree to indemnify and hold Nanosoft and its suppliers, licensors, vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Nanosoft Site, and User Materials you submit, transmit, store, upload or download through the Nanosoft Site, any product received by you through the Nanosoft Site, or any violation of this Agreement or the rights of others.
16. COPYRIGHT POLICY - NOTICE TO NANOSOFT REGARDING ALLEGED COPYRIGHT INFRINGEMENT
Nanosoft respects the Intellectual Property rights of others, and expects its users to do the same. Nanosoft will receive notifications of alleged copyright infringement associated with the Nanosoft Site. Nanosoft will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us.
When notifying us of the alleged copyright infringement, please include all of the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nanosoft reserves the right to terminate your use of the Nanosoft Site for any actual or alleged copyright infringement.
All notices to a party shall be in writing and shall be made via our contact form for notices to Nanosoft, or to the e-mail address that you provide to Nanosoft as part of your Customer Information for notices to you, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices to Nanosoft may be sent by regular mail, postage prepaid to Nanosoft address provided below. Nanosoft may also broadcast notices or messages, or other matters of importance, on this web site; such broadcasts will constitute notice to you.
You may not export from Russian Federation or allow the export or re-export of any part of the Nanosoft Site or products obtained via the Nanosoft Site, in violation of any restrictions, laws or regulations of the Russian Federation Autorithy You agree to defend and indemnify Nanosoft from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising out of any claim that the Nanosoft Site, or any product or other information or materials obtained from Nanosoft were exported or otherwise accessed, shipped or transported in violation of this Section and all applicable laws and regulations.
19. NANOSOFT NANOSTORE
The following provisions specifically relate to the nanoStore (market.nanocad.com) portion of the Nanosoft Site. All other provisions of this Agreement apply to the nanoStore as well:
Order Acceptance. Your receipt of an electronic or other form of order confirmation does not constitute Nanosoft acceptance of your order for products or services offered through the Nanosoft Site, nor does it constitute confirmation of Nanosoft offer to sell you a particular product or service. Nanosoft reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until Nanosoft has accepted your order and prepared your order for shipment or for download. We may require additional verifications or information before accepting any order. Price and availability of products and services offered through the Nanosoft Site are subject to change without prior notice. To the extent we provide information on the availability of Nanosoft Products or products and services provided by third party vendors, suppliers, publishers, and manufacturers (collectively "Third Party Products"), we attempt to be as accurate as possible. However, Nanosoft does not warrant that product descriptions, product availability or other information on the Nanosoft Site is accurate, complete, reliable, current, or error-free. Nanosoft will not be liable for any lack of availability of Nanosoft Products or Third Party Products you may order through the Nanosoft Site. If your purchase order or any other communication with Nanosoft contains provisions inconsistent with this Agreement, this Agreement will prevail.
Security. The purchase area of the nanoStore is designed to be secure. This means that any information you send us is protected by encryption. All messages are sent in an encrypted "digital envelope" and authenticated to verify the identity of both the sender and the receiver of the transaction. However, no connection to the Internet is completely secure. If you experience fraudulent use of your credit card as a result of shopping with Nanosoft, notify your credit card company in accordance with its reporting rules and procedures. Most companies will either cover all of the fraudulent purchases or hold you liable for a maximum of $50. Should your credit card company discover credit card fraud and hold you liable for some portion of the unauthorized charges, and provided the purchase was made through our secure server, Nanosoft will reimburse you for the maximum liability of $50.
Limited Warranty. Nanosoft offers through the nanoStore both Nanosoft Products and Third Party Products. Certain Nanosoft Products and Third Party Products may be subject to End User License Agreements in addition to this Agreement. In the event of a conflict between any provision of a Nanosoft End User License Agreement and this Agreement, the provision of the Nanosoft End User License Agreement will control as to the particular conflicting provision.
Nanosoft Products. During the period within thirty (30) days after you download a Nanosoft Product or within thirty (30) days after you receive a Nanosoft Product if the product is shipped to you rather than downloaded (Warranty Period), Nanosoft will, at Nanosoft sole option and without charge, replace the Nanosoft Product if it fails to conform to the product's accompanying documentation in effect at the time of shipment or download, or refund the purchase price of the Nanosoft Product, provided that Nanosoft will not have any liability whatsoever for any damage to or defect in a Nanosoft Product resulting directly or indirectly from your abuse or misuse of the product. For you to receive the benefit of this limited warranty, the following must occur: (1) you must notify Nanosoft of your claim of an alleged defect or nonconformity within the Warranty Period; (2) you must return any Nanosoft Product to Nanosoft (if the product was shipped), or certify in writing to Nanosoft that the product has been destroyed (if the product was downloaded); and (3) Nanosoft must determine that the Nanosoft Product is defective or nonconforming. If the Nanosoft Product has been shipped to you and the package is unopened, you may return the Nanosoft Product to Nanosoft, at your expense, any time within the Warranty Period for a refund of the purchase price.
Technical Support for Nanosoft Products. During the Warranty Period, Nanosoft will provide technical support to you for Nanosoft Products, without charge. If you wish to purchase a technical support package beyond the Warranty Period, you may do so through the nanoStore.
Third Party Products. All Third Party Products ordered through the nanoStore are subject to the terms and conditions of the End User License Agreement between you and the third party vendor (Third Party) (if any), and any other Third Party policies and procedures. All warranties, maintenance, updates, liabilities or other obligations related to Third Party Products will be provided for by the Third Party, and Nanosoft will not be responsible for any Third Party Products, except that Nanosoft will coordinate returns of Third Party Products to Third Parties.
Taxes. Prices listed through the Nanosoft Site do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges. You will be solely responsible for, and will pay to Nanosoft upon demand, any such tax, charge or assessment, unless you have furnished to Nanosoft an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.
20. MODIFICATIONS TO AGREEMENT OR NANOSOFT SITE
Nanosoft reserves the right to modify or discontinue all or part of the Nanosoft Site, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Nanosoft Site. You acknowledge and agree that Nanosoft will not be liable to you or any third party in the event that Nanosoft exercises its right to modify or discontinue all or part of the Nanosoft Site. Unless explicitly stated otherwise, any new features that augment or enhance the current Nanosoft Site will be subject to this Agreement.
Nanosoft may at any time modify, update, or otherwise change the provisions of this Agreement. If any modification to this Agreement is unacceptable to you, you may immediately terminate your use of the Nanosoft Site or your account. However, if you do not terminate your account, or continue to use the Nanosoft Site following the posting of any modification to this Agreement, your continued use will be deemed an acceptance of that modification. Accordingly, we encourage you to visit the Nanosoft Site from time to time to review the current version of this Agreement.
21. APPLICABLE LAW - JURISDICTION
The Agreement shall in all respects be governed and construed in accordance with the laws of Russian Federation without regard to conflicts of law provisions and any dispute arising out of or in connection with the use of the Nanosoft Site or the Services shall be brought before the exclusive jurisdiction of the competent Courts of Russian Federation. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Marshala Timoshenko street 17 building 1
Tel.: +7 (495) 645-8626
Fax: +7 (495) 645-8627
You acknowledge that
(i) you have read and understand this Agreement; and
(ii) the Agreement has the same force and effect as a signed agreement.
Date Last Modified