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Last updated: 16.08.2018 The following Terms of Use, Privacy Policy and all applicable laws govern the relationships between the owner of this Website and its visitors. By accessing and using this Website and any part of it, in any manner, visitors accept and agree to be bound by this Terms of Use. Therefore, before using Our Website, We kindly ask You to read them carefully. If You do not agree with them, please do not use this Website. 1. DEFINITIONS The terms used in these Terms of Use shall mean the following: “Content”: all types of data presented on the Website, including but not limited to text, images, photos, logos, icons, sounds, animation, (info-)graphics, audios and videos. “Website”: this website that is located at https://nectain.com. This Website is intended to provide visitors with information on Our company details, NECTAIN Software solution, products, services, offers, news, articles, and other information that might be useful to the visitors of the Website. „We”, “Us”, “Our”: NECTAIN B.V. is a limited liability company incorporated under the laws of the Netherlands, which owns and operates this Website and its (sub-) domain name. The company is registered with the Dutch Chamber of Commerce under registration number 71590242 and has a registered office, which is located at Claude Debussylaan 10, Amsterdam 1082MD Netherlands. „You”: any natural person, who is using the Website for any reason. Consequently, this term also includes employees of legal entities that use this Website on behalf of their employer. “Intellectual Property Rights”: all intellectual property rights and related rights, including copyright and neighbouring rights, database rights, domain names, trade name/marks rights, patent rights, rights to know-how, etc. 2. INTELLECTUAL PROPERTY This Website is copyright of Nectain B.V. All Content of Our Website, as Website itself (its design and software), is the original intellectual creations that are protected by Intellectual Property Rights under Dutch, EU and international legislation and treaties. The Content of the Website is owned by Us or third parties, who have granted Us the right or license to use them on Our Website. You agree to respect that and comply with this Terms of Use and applicable legislation. The Content of the Website may be viewed, displayed and printed solely for your own personal and private non-commercial use with an aim to expand your knowledge of Our products, services or offers, on condition that any copyright or other proprietary notices are kept intact on such display or page. It is strictly forbidden to reproduce, copy, duplicate, (re-)publish (including on another website), (re-)transmit, create derivative works, edit, adapt, modify, translate, download, broadcast, circulate, sell, resell or otherwise dispose of all or part of the Content, Website’s computer code, presentation, structure, organization of the Website, in whatever form and by whatever means, without Our prior explicit written permission. For the avoidance of any doubt, We do not grant You any license or right or assign all or in part of Intellectual Property Rights in the Content or in Our Website itself, unless they are expressly granted. All trademarks, service marks, logos and graphics (whether registered or not) that could be found on Our Website belong either to Us or their respective owners. Nothing contained on Our Website or Terms of Use shall be construed as granting any license or right to use them without the prior explicit written permission from Us or their respective owner, depending on, who owns a particular distinctive sign. We will ensure that Our Intellectual Property Rights are enforced by any legal means available, including legal proceedings. 3. PROHIBITED USE You shall not make attempts to interfere or interfere in any way with the proper work of this Website or access and use of it by other visitors. You shall not violate the security of this Website and shall not try to gain or to conduct unauthorized access to the Website, its parts or systems, databases, networks, services that are connected to it. You are also forbidden to introduce to this Website, host, send, publish, distribute through it any spam, viruses, worms, trojan horses, other malicious materials or to violate Dutch, EU or international legislation and treaties through this Website in any other way. 4. DISCLAIMER OF WARRANTIES The information that We provide through this Website free-of-charge is for your general information and convenience; it is non-contractual. We will take reasonable efforts to make the Website available to You, to publish correct and up-to-date information, however, We cannot provide You with any guarantees and can be held responsible for that. You use this Website and its Content exclusively at your own full and exclusive risk. This Website is provided to You on an “AS IS” and “AS AVAILABLE” basis, without express or implied warranties of any kind, including, but not limited to, warranties of fitness for a particular purpose, accuracy, completeness, merchantability, non-infringement, compatibility or security. We explicitly do not provide You with any representations or warranties that: – this Website will function uninterruptedly, available at any particular time or location; – this Website will be free from errors, worms, viruses, trojans, exploit codes or other harmful components; – any errors or defects on this Website will be corrected; – the Content of this Website and information or links transmitted or made available via the Website will meet your needs, will be available, accurate, reliable, current, complete. For your convenience, this Website may include hyperlinks or links to third party websites. You access and use these websites and(or) their Content at your own full and exclusive risk. We do not give any warranties and do not accept any liability for these websites and content contained on them. On this Website, we may also endorse information regarding products and services of Our partners and contractors, which we believe is worthy of such endorsement. That shall not constitute any recommendations on Our side. You should verify all such information with the particular manufacturer or provider. We do not make any representations or warranties regarding the abovementioned information. 5. LIMITATION OF LIABILITY AND INDEMNIFICATION Our liability is limited and excluded to the maximum extent permitted by Dutch law. We will not be liable for any direct, indirect or consequential loss or damage arising under this Terms of Use or in connection with your use/inability to use Our Website or its Content, actions of third parties carried out through this Website, whether arising in tort, contract, or otherwise. Such losses or damages may include, without limitation, any loss or destruction of data, hardware, revenues, profits, anticipated savings, business, business opportunity, reputation or other intangible assets. You agree to defend, indemnify, hold Us harmless from and against any and all claims, demands, liabilities, compensation of any losses, damages, expenses (including attorney’s and court fees) resulting from or allegedly resulting from Your unlawful use of Our Website or any breach of these Terms of Use. 6. PRIVACY We are committed to the privacy of its visitors. Information that We get about You through Contact Us form, electronic mail, telephone, Subscription form or cookies is subject to our Privacy Policy and Cookie Policy. 7. APPLICABLE LAW AND JURISDICTION These Terms of Use shall be governed and interpreted by the Dutch law, supplemented by mandatory European and international regulations. All disputes resulting from or arising in connection with these Terms of Use, and that were not resolved through negotiations shall be exclusively submitted to the competent court of Amsterdam, the Netherlands. 8. SEVERABILITY If any provision of these Terms of Use is for any reason held to be invalid, illegal or unenforceable, such unenforceability shall not affect the enforceability of the remainder of these Terms of Use. 9. CHANGES We reserve the right to change these Terms of Use without prior notice to You by posting their revised version at any time in Our sole discretion. Such changes will be effective immediately upon posting. Thus it is your responsibility to check this Terms of Use on a regular basis. We reserve the right to change the specifications, structure, feature of this Website or to modify or delete its Content at any time in Our sole discretion. We also may at any time, in Our sole discretion, without prior notice to You, temporarily or permanently discontinue or cease the work of this Website, or any part thereof. 10. CONTACT US If You believe that your intellectual property rights were infringed on this Website or You have other questions, requests, complaints regarding Our Website and its Content, You are welcomed to contact us via e-mail at contact@nectain.com or via general mail at Nectain B.V., Claude Debussylaan 10, 1082MD Amsterdam, the Netherlands.
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