Copyright (C) 1998-2007. NuSphere Corporation, 6015 S. Virginia St., Ste E #154, Reno, Nevada, 89502 USA. All rights reserved.
Acceptance of Terms
IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT USE THIS SITE.
Description of Services
NuSphere may provide you with access to a variety of resources, materials and downloads, including business, educational and technical news and information (collectively, "Services"). The Services, including any updates and enhancements, are subject to the Terms.
Use of Software
Any software that is made available to download from this Site ("Software") is owned by NuSphere, one of its affiliates or subsidiaries and/or its licensors (if any). In addition to the Terms, use of the Software is governed by the terms and conditions of the end user license agreement, which appears on the end user's computer screen prior to completion of the download or installation of the Software or that you receive in shrinkwrap form via shipment of the Software ("End User License Agreement"). Any use, reproduction or redistribution of the Software not in accordance with such End User License Agreement is prohibited. Regarding the Software, in the event of a conflict between the Terms and the End User License Agreement, the End User License Agreement governs.
Materials Available Pursuant to the Site
Subject to the Terms, NuSphere authorizes you to view and use the information and materials obtained from this Site directly or sent by NuSphere via email or post pursuant to a request by you via the Site (collectively, "Materials"), provided that: (1) you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials; and (2) your use of the Materials is subject to the Limitation of Use restrictions set forth below.
Limitation on Use
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any Materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by NuSphere via email or post).
You may obtain direct access via the Site to certain confidential information of NuSphere and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with NuSphere and its suppliers.
Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or NuSphere's written request, You must cease use of Confidential Information and return or destroy it.
The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from NuSphere, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to NuSphere adequate to afford NuSphere the opportunity to object to the disclosure.
Policy on Privacy
When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration ("Your Data"), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration.
The Services may contain e-mail services, bulletin board services, chat areas, news groups and other forums designed to enable you to communicate with others ("Communication Services"). You understand that by using this Site you may be exposed to content that is offensive, indecent, or objectionable. You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, where applicable, related to the particular Communication Service. We may, but are not obligated to, monitor or review these areas and the content of any such Communication Services. We will have no liability related to the content of any such Communication Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any material posted to this Site that in the sole opinion of NuSphere violates community standards, will be removed and the account of the poster may, at NuSphere's discretion, be revoked or suspended. Any material that meets the standards described above might be edited by NuSphere solely for the purpose of clarity and length.
You agree that You will not use the Site to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be NuSphere or someone else, or spoof NuSphere's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
Materials Provided to Nusphere or Posted at the Site
NuSphere does not claim ownership of the materials you may provide to NuSphere (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting NuSphere, its affiliated companies and necessary sublicensees a non-exclusive, royalty-free, worldwide license to use your Submission in connection with the operation of their businesses (including, without limitation, all Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. NuSphere is under no obligation to post or use any Submission you may provide and NuSphere may remove any Submission at any time in its sole discretion.
Links To Other Web Sites
Links to third party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed all of these third party sites and do not control and are not responsible for any of these sites or their content. We 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 from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS OF THE END USER LICENSE AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED ON THE END USER LICENSE AGREEMENT, ALL SOFTWARE, MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NUSPHERE, FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS (IF ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Neither NuSphere, nor its subsidiaries and affiliates and their respective licensors (if any) and suppliers, warrant the accuracy, completeness or quality of any of the Software, Materials or Services.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL NUSPHERE, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES 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 WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, SOFTWARE 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 THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This site is controlled and operated by NuSphere from its offices in the United States of America. NuSphere 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.
Software, Services, Materials, tools, and technical data delivered by or to NuSphere may be subject to U.S. export controls or the trade laws of other countries. You and NuSphere agree to comply with all export control regulations and acknowledge that they have the responsibility to obtain such licenses to export, re-export or import as may be required. You and NuSphere agree not to export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws. You and NuSphere will not use or provide Software, Services, Materials, tools, and technical data for nuclear, missile, or chemical biological weaponry end uses.
You agree to indemnify and hold NuSphere and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Submission, Your use of or connection to the Site (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
Jurisdiction and Venue
These Terms are to be governed and construed by the substantive law of the Commonwealth of Massachusetts. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Site, litigation must be brought in state or federal court in the Commonwealth of Massachusetts.
The failure of NuSphere to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, any Software downloaded from this site is governed separately by the End User License Agreement.
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 Program Product 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, or successor provision(s), as applicable. Manufacturer is NuSphere Corporation, 6015 S. Virginia St., Ste E #154, Reno, Nevada, 89502 USA.
"NuSphere Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations NuSphere uses in connection with its products and services. You may not remove or alter any NuSphere Trademarks, or co-brand your own products or material with NuSphere Trademarks, without NuSphere's prior written consent. You acknowledge NuSphere's rights in NuSphere Trademarks and agree that any use of NuSphere Trademarks by You shall inure to NuSphere's sole benefit. You agree not to incorporate any NuSphere Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
For a recent list of NuSphere Trademarks, go to
Safe Harbor Statement
Except for the historical information and discussions contained herein, statements contained on this Site may constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These statements involve a number of risks, uncertainties and other factors that could cause actual results to differ materially, including but not limited to the following: the receipt and shipment of new orders, the timely release of enhancements to the company's products, the growth rates of certain market segments, the positioning of the company's products in those market segments, variations in the demand for customer service and technical support, pricing pressures and the competitive environment in the software industry, business and consumer use of the Internet, and the company's ability to penetrate international markets and manage its international operations. The company undertakes no obligation to update information contained in this release. For further information regarding risks and uncertainties associated with the company's business, please refer to the company's filings with the Securities and Exchange Commission.
For a description of the refund/return policy that applies to your purchase of Software and/or Services, please review the specific terms and conditions contained in the applicable End User License Agreement or other agreement you consented to be bound to in connection with the use of Software and/or Services.