Terms of Use Policy
Last Updated 30 September 2019
Welcome to NirSan! We encourage you to take advantage of the content and features available on this NirSan-owned website. Please read these conditions carefully before using the NirSan website or NirSan materials or NirSan products and services. By using the NirSan website or NirSan materials or NirSan products and services, you signify your agreement to be bound by the following terms of use.
1. SCOPE
NirSan Connect Private Limited, The Executive Centre, Level 18, DLF Building 5, Tower A, Phase III, DLF Cyber City, Gurugram - 122002, Haryana, India ("NirSan") has created and owns and operates this website (referred to hereunder as “NirSan Website”). The NirSan Website allows you ("You" or "Your") and other NirSan software experts, developers, product experts, users, and other interested parties (each, a "User" and collectively, "Users") to engage in a variety of activities, such as finding information, purchasing and/or researching NirSan products and services, obtaining support for NirSan products and services, sharing information with NirSan, posting comments and reviews, reading our blogs, and engaging in feedback and conversations related to NirSan’s products and services. The Website also includes information created and published by NirSan (“NirSan Materials”). NirSan Website may contain comments sections, discussion forums, communications forms, or other interactive features ("Interactive Areas") in which you may post or upload user and third party generated content, including but not limited to comments, text, images, photographs, graphics, audio and video, data and code (collectively, "User Content”). Collectively, the NirSan Materials and User Content are referred to as “Content”.
2. ACCEPTANCE OF TERMS
Your access and use of the NirSan Website is subject to and governed by these Terms of Use (“Terms of Use”), including any additional or different disclaimers, legal notices, contractual agreements, or terms and conditions that may apply to Your use of or access to the NirSan Website, NirSan Materials, or User Content. If there is a conflict between the terms in this Terms of Use and any additional legal terms, the additional legal terms shall prevail and control. This Terms of Use document forms a legally binding agreement between You and NirSan. By accessing or using the NirSan Website, you accept and agree to abide by the clauses of this Terms of Use. If You do not agree to the clauses of this Terms of Use, You should not access or use the NirSan Website or NirSan Materials or User Content. Please note that this Terms of Use does not govern the use of any NirSan products or services (e.g., ORGDESINE®, PEOPLEABLE®, SCALEXEL®, SOLVSTUDEO®, MAGNEVOL®, PLENASAL®, SOJOURNEUM®, etc.) provided by NirSan and for which You are required to enter into a separate agreement.
NirSan may modify the Terms of Use to reflect changes in NirSan’s business and business model, relevant and applicable law, or for other reasons that are deemed necessary by NirSan. If the clauses of the Terms of Use change, NirSan will provide notice, which may include, but is not limited to notice provided through the NirSan Website. Except in situations where prohibited by law, updates to the Terms of Use will apply once the changes have been posted or notice has otherwise been given. Changes to the Terms of Use will, however, not apply retroactively. If You do not agree to changes made to the Terms of Use, You must discontinue your use of the NirSan website, NirSan Materials, or User Content.
3. SEPARATE TERMS OF USE FOR PRODUCTS AND SERVICES
NirSan offers a wide range of products and services, and sometimes additional terms may apply. When you use a NirSan service (for example NirSan ORGDESINE®, NirSan PEOPLEABLE®, NirSan MAGNEVOL®) or a NirSan product (e.g., FORMIUM®, BLISSANT®, LEARNVIRON®) you will also be subject to the terms, guidelines and conditions applicable to those NirSan products and services ("Product Usage Terms"). If these Terms of Use are inconsistent with the Product Usage Terms, the Product Usage Terms will control.
4. PERMISSIBLE USE OF NirSan WEBSITE AND CONTENT
The NirSan Website, the NirSan Materials, and the User Content are for your non-commercial use, that is, your use must not be intended for or directed towards commercial advantage or monetary compensation. You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the NirSan Website, NirSan Materials, or User Content. You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print NirSan Materials and User Content; provided that: (a) the NirSan Materials and User Content may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media; and (b) the NirSan Materials and User Content may not be modified or altered in any way, including any copyright notices.
You may not use the NirSan Website in any manner that could damage, disable, overburden, or impair any NirSan server, or the network(s) connected to any NirSan server, or interfere with any other party's use and enjoyment of NirSan Website. You may not attempt to gain unauthorized access to NirSan Website, other accounts, computer systems or networks connected to any NirSan server, 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 NirSan Website.
You agree not to use NirSan Website to:
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- publish, upload, post, email, transmit or otherwise make available any User Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, corrupted file, or any other computer file or software designed to interrupt, destroy, damage the functionality of any computer hardware, software or other property;
- defame, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity or business integrity;
- impersonate any person or entity, including, but not limited to, a NirSan official, NirSan employee, NirSan product user or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the NirSan Website;
- download any file or User Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
- interfere with or disrupt the servers, or networks which support the NirSan Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the NirSan Websites;
- violate any applicable local, state, national or international law and any regulations;
- harvest, collect, or store personal information or data of other users.
5. USER CONTENT/LICENSE TO NirSan
NirSan does not claim ownership of User Content that you post, upload, input or submit to NirSan Website. By posting, transmitting or uploading any User Content, including any article, information, data, lines of code, text, software, , graphic and image, marketing content, video, photograph, message, suggestion and feedback, idea, or posting to any blogs on NirSan Website, You grant to NirSan a perpetual, irrevocable (subject to mandatory data protection requirements), non-exclusive, world-wide, fully-paid up and royalty free license to use such User Content without restrictions of any kind and without any payment or other consideration of any kind, or need for permission or notification, to you or any third party. This license includes, without limitation, the irrevocable (subject to mandatory data protection requirements) right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the User Content to third parties; and to practice any method, embodying such User Content (including the right to sublicense any of the foregoing).
You represent and warrant to NirSan that You have the right, title, and/or authority to grant such license to NirSan. NirSan will elect to or not to post or publish User Content that You submit based on its discretion. If NirSan elects to post or publish Your User Content, NirSan may in its sole discretion withdraw the posted or published User Content for any reason and without notice even if NirSan has previously indicated to You that NirSan might or will post the User Content You have submitted.
You acknowledge and agree that the relationship between You and NirSan is not a confidential, fiduciary, or other special relationship. NirSan shall have the right, but not the obligation, to use Your name, likeness, biography and other information about You that You have provided in connection with any use of the User Content You submit, and NirSan may continue to use this information after any termination of Your access to the NirSan Website for the purpose of identifying the source of User Content that you previously submitted. Nothing in this Terms of Use shall prohibit or restrict NirSan’s right to create or obtain User Content or submissions similar to or competitive with the User Content that You have submitted.
6. RULES OF CONDUCT FOR USER CONTENT
By submitting any User Content or participating in an Interactive Area within or in connection with the Site, you agree to abide by the following rules of conduct.
You agree not to upload, post or otherwise transmit any User Content that:
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- violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others.
- you know to be false, misleading or inaccurate.
- contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
- contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd.
- violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
- advocates violent behavior.
- poses a reasonable threat to personal or public safety.
- contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes.
- is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by NirSan, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the NirSan Website.
- does not generally pertain to the designated topic or theme of any Interactive Area.
- contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the NirSan Website.
You agree not to impersonate any person or entity, including, but not limited to, NirSan or any NirSan employee, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You agree not to represent or suggest, directly or indirectly, NirSan's endorsement of User Content.
Monitoring
NirSan shall have the right, but not the obligation, to monitor User Content posted or uploaded to NirSan Website to determine compliance with these Terms of Use and any operating rules established by NirSan and to satisfy any law, regulation or authorized government request. Although NirSan has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to NirSan Website, NirSan reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to NirSan Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to NirSan Website at your sole cost and expense. In addition, NirSan may share personally identifiable information in response to a law enforcement agency's request, or where we believe it is necessary, or as otherwise required or permitted by law. See NirSan’s Privacy Statement.
The decision by NirSan to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of NirSan in connection with or arising from use by you of Interactive Areas on NirSan WebSite.
7. General benchmarking and research purposes
NirSan may use information obtained through surveys or diagnostics or otherwise provided to or generated by NirSan (collectively “Research Data”) for the purposes of validation, research and benchmarking, and product development. Unless otherwise specified prior to the collection of data, Research Data will be disclosed in the aggregate and presented in anonymous form. It will not include, either directly or by inference, any information identifying participating organizations or any identifiable individual as the source of such data. Access to Research Data will be restricted to those designated individuals who need such access to deliver NirSan products and/or services.
8. NirSan CONTACT
NirSan is not obligated to evaluate or provide any comments to you regarding User Content that you submit. At NirSan’s sole discretion, NirSan may contact you with critiques, updates, feedback, status or questions regarding your submission. In no event will any such contact or communication from NirSan obligate NirSan to adopt your submission, provide a timeframe for evaluation, or even provide any additional communication regarding your submission.
9. CONFIDENTIAL INFORMATION
NirSan Website is intended to be a public forum, and You agree not to provide NirSan or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Any User Content that You send or upload to the NirSan Website will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such User Content.
You agree not to reproduce any Confidential Information to which you are provided access through NirSan Website in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of NirSan or the third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (c) not to disclose any Confidential Information to any party without the prior written consent of NirSan or the third party that has prepared such information. You do not acquire any rights in Confidential Information except the limited rights as described herein. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the NirSan products or NirSan Website, or compete with NirSan products or NirSan Website in whole or in part. As used herein, ‘Confidential Information’ shall mean all trade secrets, intellectual property rights, and other information NirSan or third parties protect against unrestricted disclosure to others which is (i) either labeled Confidential and accessed through a restricted or non-public area of NirSan Website, or (ii) reasonably identifiable as confidential based on the type of information and the manner of its disclosure. As used herein ‘reasonable steps’ means those steps You and/or Your Company take to protect Your own Confidential Information, which shall not be less than the industry standard of care.
All User Content posted by you to NirSan Website shall be at your own risk, and NirSan takes no responsibility for the use or misuse of any such uploaded information by any other user of NirSan Website.
10. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
NirSan Website provides you the option of communicating with NirSan. In order to communicate through the NirSan Website, you have to provide NirSan with certain information, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing NirSan with Personal Data, You expressly agree that NirSan may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the Website and related activities and communications.
You are responsible for and agree to provide NirSan with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with NirSan, or the correction, or deletion of Your Personal Data by contacting [email protected]. Please note that if You request the deletion of your account or Personal Data, You might not be able to further access and use the NirSan Website and your User Content. Matters related to Personal Data will be conducted in accordance with NirSan’s Privacy Statement that is available in the NirSan Website.
You agree to comply with the terms of the NirSan Privacy Statement, which can be found by clicking on the ‘PRIVACY’ link at the bottom of each web page on NirSan Website.
11. INTELLECTUAL PROPERTY RIGHTS
NirSan Website contains copyrighted material, trademarks and proprietary research of NirSan including but not limited to text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under India and United States and international copyright, authors' rights and database right laws. All rights reserved. Accordingly, international and domestic laws and penalties guaranteeing patent, copyright, trademark and trade secret protection safeguard the ideas, concepts, and recommendations related within this site.
As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All Intellectual Proprietary Rights to any NirSan Products, NirSan Website, NirSan Materials, and User Content belongs to NirSan or the individual or entity that submitted it. Nothing in this Terms of Use shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any NirSan Products, NirSan Websites, any NirSan Materials, or any User Content for any reason, unless otherwise expressly permitted by the Terms of Use or by law. You hereby agree to assign and do assign to NirSan (and NirSan accepts such assignment) any modifications or derivative works of any NirSan Products, NirSan Website, and NirSan Materials made by You in contravention of this limitation without remuneration of any kind.
Information on requirements for using NirSan intellectual property can be found by clicking on the “Intellectual Property” link at the bottom of each web page on NirSan Website.
You agree to comply with the terms of the ‘NirSan Intellectual Property Guidelines’, which can be found by clicking on ‘Intellectual Property’ link at the bottom of each web page on NirSan website.
If you wish to reproduce NirSan content in a manner not addressed in this section, please contact [email protected].
You are advised that NirSan aggressively enforces its intellectual property rights to the fullest extent of the law.
Copyright
Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of NirSan and/or the copyright owner. NirSan news articles, reports, and graphs may only be downloaded for your personal use. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any reference whatsoever to the NirSan news articles, reports and graphs, in whole or in part, on any webpages must provide a link back to the original content in its entirety. Except as expressly provided herein, the transmission of this content shall not be construed to grant a license of any type under any copyright or trademarks owned or controlled by NirSan.
NirSan content not identified in the previous paragraph may be subject to additional restrictions as outlined in the Product Usage Terms that govern the use of individual NirSan Products.
NirSan respects the rights of all copyright holders and in this regard, NirSan has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NirSan's Copyright Agent the following information required by the Copyright Act of the Indian Penal Code:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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.
For copyright inquiries under the Copyright Act of the Indian Penal Code (IPC) please contact NirSan’s Copyright Agent at:
Attn: Copyright Agent
NirSan Connect Private Limited
The Executive Centre, Level 18, DLF Building 5, Tower A
Phase III, DLF Cyber City, Gurugram - 122002, Haryana, India
Email: [email protected]
Trademarks
Please visit NirSan's Intellectual Property webpage to review a non-exhaustive list of NirSan trademarks. NirSan's trademarks may not be used in connection with any product or service that is not NirSan’s, in any manner that is likely to create confusion among customers or in any manner that disparages or discredits NirSan. Any use of NirSan® or any other NirSan trademark shall require the prior written consent of NirSan. Such use shall include the appropriate trademark acknowledgment. The acknowledgement alerts the readers to the ownership of the trademark. Use the acknowledgment in printed materials and on websites. Example: ORGDESINE® is a registered trademark of NirSan Connect Private Limited. All other trademarks not owned by NirSan that appear in any NirSan content are the property of their respective owners, who may or may not be affiliated with or connected to NirSan.
12. RESPONSIBILITY FOR CONTENT AND LINKS
NirSan is only responsible or liable for the content posted on NirSan Website to the extent required by the Telecommunications Act of the Indian Penal Code. To the fullest extent permitted by applicable law, your use of content shall be at your own risk. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content. NirSan does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any Content provided by third parties on NirSan Website. NirSan may remove any Content posted on NirSan Website at NirSan’s sole discretion, but, if You believe that material that You hold the copyright on is being infringed upon on NirSan Website, please notify NirSan’s Intellectual Property officer at [email protected].
NirSan Website may contain links to external websites. NirSan shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Additionally, NirSan shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any software, content, goods or services available on or through any such linked website. NirSan does not control and/or review the linked web-pages and the information provided by third parties.
13. USE OF NirSan PRODUCTS AND SERVICES
Your access and use of NirSan Products and related documentation, and any application and training interface information provided on NirSan Website (collectively "Product Application") is governed by a separate product usage agreement and related documents and terms ("Product Usage Agreement") that accompany such NirSan Products. You may not use, install or incorporate that is accompanied by a Product Usage Agreement unless and until You first agree to the terms of the Product Usage Agreement. You must not modify, adapt or reverse engineer any Product Application, except to the extent expressly permitted by applicable law or the Product Usage Agreement.
In the event that Product Application provided through NirSan Website is not accompanied by a Product Usage Agreement: the Product Application may be used solely for your personal, informational, noncommercial purposes; the Product Application may not be modified or altered in any way; and the Product Application may not be redistributed.
All NirSan Product Application is the copyrighted work of NirSan. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including the NirSan Product Application, is an infringement of the copyright holder’s rights. Information on the process for requesting NirSan’s permission to use any NirSan-owned copyrighted works can be found by clicking on the “Intellectual Property” link at the bottom of each web page on NirSan Website.
14. INDEMNITY
The following applies if You access NirSan Website from outside the EU:
You agree to indemnify and hold NirSan, its officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of NirSan Website, Your breach of this Terms of Use, any additional legal terms, or NirSan’s Privacy Statement, Your unauthorized use of any NirSan owned Intellectual Property, or Your alleged violation of any other rights of a third party.
The following applies if You access NirSan Website from within the EU:
You agree to indemnify and hold NirSan, its officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party against any of the aforesaid entities or persons due to or arising out of Your culpable breach of this Terms of Use, any additional legal terms or NirSan’s Intellectual Property or Privacy Statements.
15. EXCLUSION OF WARRANTIES
NirSan Website and Content are being provided to You “AS IS”. To the fullest extent allowable by law, NirSan does not guarantee or warrant any features or qualities of NirSan Website or Content, or give any undertaking with regard to any other quality. Statements and explanations on NirSan Website and Content in promotional material or on NirSan Website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published NirSan description of or advertisement except to the extent NirSan has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of NirSan’s management.
16. LIMITATION OF LIABILITY
NirSan will not be liable or responsible in any way for any User Content posted on or linked from NirSan Website, including, but not limited to, any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Content or other material accessed on or through NirSan Website or made available by a third party.
The following applies if You access NirSan Website from outside the European Union:
To the extent allowable by applicable law, NirSan and its officers, employees, agents, partners, and licensors are not liable to any user for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if NirSan has been advised of the possibility of such damages), however caused, whether in contract, or otherwise, arising out of or resulting from: (i) the use or the inability to use NirSan Website, NirSan Product Application, or NirSan materials; (ii) the cost of procurement of substitute goods and services arising out of your use or inability to use any NirSan Product Application, NirSan materials or NirSan Products purchased or obtained during transactions conducted on or through NirSan website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, messages, or conduct of any third party on NirSan website; or (v) any other matter relating to NirSan Website or NirSan materials. Notwithstanding anything to the contrary herein, these limitations shall not apply in case of intent or gross negligence by NirSan and in case of NirSan’s statutory liability for personal injury and defective products.
The following applies if You access NirSan Website from within the European Union:
Irrespective of the legal reasons, NirSan shall only be liable in the cases set out below:
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- Any mandatory liability under applicable product liability laws;
- Gross negligence and willful misconduct;
- personal injury or death resulting from NirSan’s negligence or willful misconduct;
- Slight negligent breach of a significant contractual obligation (an obligation whose completion allows for a proper performance of this Terms of Use and in whose compliance with you can generally trust). In this case, NirSan’s liability shall be limited to such damages which are typical for this type of agreement and predictable at the point in time of these to entering into force.
In all other cases, neither NirSan nor its affiliates, employees, agents and subcontractors shall be liable for any kind of damages or claims hereunder.
17. APPLICABLE LAW
Indian Penal Code law will govern this Terms of Use without giving effect to any principles of conflicts of laws. You also agree to comply with all applicable export control laws as set forth under the ‘EXPORT CONTROL’ Section below which are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
18. SURVIVAL
Your confidentiality obligations hereunder shall survive termination of Your access and usage of NirSan Website, NirSan Materials and User Content. Upon termination of your access and usage, or upon NirSan’s written request, You must cease use of Confidential Information, and return or destroy all Confidential Information in Your possession or control.
19. WAIVER AND SEVERABILITY
The failure of NirSan to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision. To the extent that any provision in this Terms of Use shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this Terms of Use as modified, legal and enforceable under applicable laws and the balance of the provisions of this Terms of Use shall not be affected thereby.
20. ENTIRE AGREEMENT
The Terms of Use represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.
21. EXPORT CONTROL
NirSan Website, NirSan Materials and NirSan Products may not be accessed or used by any national or certain countries or groups against which India and/or the United States and/or European Union have instituted sanctions, Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Further restrictions apply to any end user who has been prohibited from participating in the India and/or US and/or EU export transactions by any agency of the Indian government or US government or European Union.
Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use NirSan Website, Your access of NirSan Website, including the presentment of any authorized user ID, personal information and password, constitutes Your express representation that (1) the person attempting access thereunder is not a national of any such sanctioned country or group or a Specially Designated National, and (2) is not included on such Denied Parties list, 3) has not been prohibited from participating in India and/or US and/or EU export transactions; 4) such use is not restricted, and (5) that, as an Authorized User, You have not disclosed or provided such password and user ID and personal information to any such person for use under Your registration or identity. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph.
The following applies if You access NirSan Website from outside the United States and European Union:
You are doing so at Your own risk, and You remain fully responsible and liable for familiarity and compliance with these Terms of Use as well as with the laws, regulations, directives, codes, and rules of the United States, European Union, and the country within which you reside, including applicable import and export compliance laws and regulations, as well those of the jurisdiction from which You are accessing NirSan Website, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on NirSan Website.
The following applies if You access NirSan Website from within the United States:
You agree that Your use of NirSan Website, or any Content will be in compliance with U.S. export control laws and executive orders. The information provided on and through NirSan Website may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States and other jurisdictions.
It is your obligation to verify and comply with all applicable laws and regulations of the United States and of the country from which you are accessing NirSan website.
© Copyright 2019 All rights reserved.
© Copyright 2019 All rights reserved.
© Copyright 2019 All rights reserved.
© Copyright 2019 All rights reserved.