Terms of Use

Last updated: August 19, 2021


IMPORTANT

PLEASE CAREFULLY READ THESE TERMS OF USE ("Terms of Use") BEFORE USING NSYMBOL TAG SOFTWARE OR ANY OF THE OTHER SERVICES (AS DEFINED HEREIN), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

nSymbol Technology Inc. ("nSymbol" or "we" or "our" or "us") owns or controls, and provides access to the nSymbol Tag computer application and the website at the url www.nsymbol.com (the "nSymbol website") and owns or controls all proprietary services, software, data, content and materials accessed via Tag and the nSymbol website (the "Services").

In some instances, these Terms of Use and a separate end user license or similar agreement may apply to a service or product offered by nSymbol via the Services. To the extent there is a conflict between these Terms of Use and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will prevail, unless the additional conditions expressly state that these Terms of Use will prevail. In cases where there are no separate end user licenses or similar agreements, these Terms of Use will prevail.

We may add, change, remove, suspend or discontinue any aspect of the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the Services without liability or notice to you or any third party.

THESE TERMS OF USE GOVERN YOUR USE OF THE SERVICES.

These Terms of Use apply to the Services and not to any other website or any offline activities of nSymbol (unless specifically stated). By accessing or using the Services, or by accepting, uploading, submitting or downloading any information or content from or to the Services, you, on your own behalf and on behalf of your employer or principal, agree to be bound by these Terms of Use. If you do not agree to any of these Terms of Use, you may not use, copy, transmit, distribute, nor install this software, and you must destroy all materials obtained from the Services and all related documentation.

You agree that you are solely responsible for (and that nSymbol has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which nSymbol may suffer) of any such breach. You acknowledge and agree that if nSymbol disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE SERVICES.

Contents

  1. Changes to the Services and the Terms of Use
  2. Description of the Services
  3. User Accounts and Qualification Requirements
  4. Intellectual Property Ownership; License
  5. nSymbol Software Copyrights and Intellectual Properties
  6. Other Copyrights and Intellectual Properties
  7. Privacy
  8. Use of the Services
  9. Information You Submit
  10. Suggestions
  11. Links to Other Websites
  12. Our Linking Policy
  13. Third Party Content and Information
  14. Compelled Disclosure
  15. High Risk Activities
  16. Disclaimer of Warranties
  17. Disclaimers/Limitation of Liability
  18. Indemnity
  19. Governing Law
  20. Miscellaneous
  21. Termination

1. Changes to the Services and the Terms of Use

We reserve the right to add, delete, change or modify parts of these Terms of Use at our sole discretion and at any time without notice to you. If we do this, we will post the changes to the Terms of Use on this page and will indicate the effective date of the Terms of Use at the top of the page. It is important for you to refer to these Terms of Use from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms of Use. Your continued use of the Services constitutes your acceptance of the new Terms of Use.

2. Description of the Services

Access to the Services provides users with access to goods and services which may include but are not limited to: proprietary software (including updates, patches, new versions), data, content, personalized content, generated content, materials; and to data storage, online forums, and other data and information. Unless explicitly stated otherwise, any new features which may be added to the Services, including without limitation, the release of new nSymbol services and software, are subject to these Terms of Use.

Some Services may be available for free ("Free Services") and are available to all account holders. nSymbol reserves the right to refuse or cancel access to Free Services in our sole discretion.

Some Services may be available for purchase ("Purchased Services") with a credit card or other permitted payment method. A Purchased Service is provisioned when requested by the user (which includes, for example and without limitation, a subscription to use protected functionality of the Services for a limited period of time). nSymbol reserves the right to refuse or cancel orders for Purchased Services in our sole discretion.

3. User Accounts and Qualification Requirements

Registration of an account ("User Account") may be required for the use of the Services and portions of the nSymbol website (for example content generation, forums, downloads, promotions, etc.). If you choose to provide information to the Services to create a User Account, you agree to provide only true, accurate, current and complete information. If you create a User Account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Services using your name, email address, account name or password in whole or in part.

4. Intellectual Property Ownership; License

The past, present and future content of the Services, including, without limitation, software graphics, text, images, audio, videos, designs, compilations, databases, targeting information, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyright material (including source and object code); and all other materials related to the Services, including without limitation, the "look and feel" of the Services and other nSymbol software (collectively, "Content") are protected by applicable copyrights, patents, trademark rights, database rights and other proprietary (including, but not limited to, intellectual property) rights and are the property of nSymbol, its parent, subsidiaries, affiliates, or its licensors. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by nSymbol, no rights (either by implication, estoppel or otherwise) in or to the Content are granted to you.

The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, sideloading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Services. Exploiting any part of the Services for a purpose that is not permitted by these Terms of Use is expressly prohibited without prior written permission from nSymbol or the applicable intellectual property rights holder as identified by the Services.

Subject to your strict compliance with these Terms of Use, nSymbol grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access the Services provided that you:

  1. retain and do not alter or tamper with any trademark, copyright and other proprietary or legal notices contained in the original Content or any permitted copy you may make of the Content;
  2. do not, and do not allow or aid or abet any third party (whether or not for your benefit) to, copy or adapt the object code of the Services (including, without limitation, software, HTML, XML, JavaScript, or other code), reverse engineer, decompile, reverse assemble, modify or attempt to discover any source or object code, circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information;
  3. do not insert any code, product or material to manipulate the Content in any way that affects any user's experience;
  4. do not copy or seek to copy or "rip" any audio and/or audiovisual content from the nSymbol website or any part of the Content;
  5. do not embed or otherwise exploit the Content for commercial gain; and
  6. do not adapt, copy, republish, communicate to the public, display, transfer, share, distribute or otherwise exploit the Content, except as under these Terms of Use.

5. nSymbol Copyrights and Intellectual Properties

The copyrights in the Services and any visual or audio work distributed with the Services belong to nSymbol and other Third Party Libraries as defined herein. All rights are reserved.

Any software that we make available for download or use from the Services is the intellectual property of nSymbol or its licensors or suppliers. Any such "Software" shall be considered one of the Services as such terms are defined and used herein. Your use of the Software is governed by these Terms of Use.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION, REDISTRIBUTION OR OTHER EXPLOITATION IS EXPRESSLY PROHIBITED, UNLESS SUCH USE, REPRODUCTION, REDISTRIBUTION OR EXPLOITATION IS EXPRESSLY PERMITTED BY THESE TERMS OF USE.

The Content includes, but is not limited to, XSLT and XML documents to generate draft documents. The Content is part of the Services and nSymbol is the copyright owner unless otherwise specified.

Documents created by you using the Services, including but not limited to XSLT and XML documents, can be freely used in other software applications or computer services. You are the copyright owner of these documents. Wherever possible, nSymbol uses open standards like XSLT and XML to encourage and support interoperability with other software applications and computer services.

The Samples app allows you to copy sample documents and offers an option to change ownership of the copied documents. If this option is used, the copied documents are considered created by you. If this option is not used, the copied documents are considered part of the Services and nSymbol (or another declared copyright owner) is the copyright owner unless otherwise specified.

6. Other Copyrights and Intellectual Properties

The Services incorporate software and other resources created by third parties ("Third Party Library") which are governed by licenses specific to each Third Party Library. All Third Party Library licenses are packaged with the Services and can be found in the [licenses] folder of any nSymbol Software installation.

At nSymbol, we aim to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the Services in a way that constitutes copyright infringement of your intellectual property, please provide us with a copyright infringement notice ("Notice") which should include the following written information:

  1. a statement that you have identified material within the Services which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable);
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notice, a representative list of such works at that site;
  3. 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 nSymbol to locate the material (including, for example, a URL and/or screen shot);
  4. your full name, email address, postal address and telephone number on which you can be contacted;
  5. a statement by you that you have 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;
  6. a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
  7. a physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.

If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice before sending a Notice to nSymbol.

7. Privacy

Your privacy is important to us. Please read the nSymbol Privacy Policy (the "Privacy Policy") available at https://www.nsymbol.com/privacy.html as it describes the types of data we collect from you and your devices and how we use that data. The Privacy Policy also describes how nSymbol uses the Information You Submit (as defined herein), comments, ratings or reviews of the Services, communications, files, photos, documents, audio, digital works, livestreams, videos and any other content that you upload, store, broadcast or share through the Services. Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms of Use, you consent to nSymbol's collection, use and disclosure of Information You Submit and data as described in the Privacy Policy.

You are only required to provide an account name, first name, last name and email address in order to use the Services. Your account name will be viewed by others when you submit information publicly to the Services. Other personal information (including your name, avatar image, biography, job title or organization) may be viewed by others only if you allow it. You may update your first name, last name and email address at any time.

Any Content you submit publicly may also be viewed by others. You may be able to delete certain types of Content after they have been posted, but not all types of Content can be deleted after they have been submitted publicly.

8. Use of the Services

Our Responsibilities. We shall:

  1. provide to you basic support for the Purchased Services via email at no additional charge, and/or upgraded support if purchased separately;
  2. provide the Purchased Services only in accordance with applicable laws and government regulations; and
  3. use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for:
    1. planned downtime (of which we shall give at least 8 hours notice via the nSymbol website and which we shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Mountain Standard time Friday to 3:00 a.m. Mountain Standard time Monday), or
    2. any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or Internet service provider failures or delays.

Your Responsibilities. You shall:

  1. be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password;
  2. use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify us promptly of any such unauthorized access or use;
  3. provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services, and ensure that any registration information you give to nSymbol will always be accurate, correct and up to date;
  4. use the Services only in accordance with published documentation and applicable laws and government regulations; and
  5. only order Purchased Services if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. You agree to pay in full the prices for any subscriptions you purchase either by credit/debit card concurrent with your online order or by other payment means acceptable to nSymbol. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

In order to use the Services, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

Your Responsibilities. You shall NOT use the Services to:

  1. upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
    1. any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of nSymbol, its parent, subsidiaries or affiliates); anything that adversely affects nSymbol such as discouraging any person or entity from advertising with, linking to or supplying nSymbol; is abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent; or that promotes violence, racial hatred, terrorism, or illegal acts; or is otherwise objectionable in nSymbol's sole discretion;
    2. information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right;
    3. material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, any automated use of the system, such as scripts, or other harmful component that restricts or inhibits any other user's uninhibited use and enjoyment of the Services, interferes with, overburdens, impairs or disrupts the Services or servers or networks connected to the Services, or disobeys any requirements, procedures, policies or regulations of networks connected to the Services;
    4. information or material of any kind that is false or misleading or that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Services, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to or from the Services; or
    5. any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation;
  2. encourage, promote, solicit or commit conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;
  3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. stalk, abuse, sexually exploit, violently exploit, groom, act violently toward, threaten or otherwise harass another user;
  5. use or attempt to use another's information, account, password, service or system except as expressly permitted;
  6. solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users, including without limitation, through such means as spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering for any services or features offered on or through the Services;
  7. undertake any commercial purpose or activity without the prior written consent of nSymbol, including, for example and without limitation, inserting your own or a third party's advertising, branding or promotional content into any of the Services' content, materials or services (for example, without limitation, in an RSS feed or a podcast received from nSymbol or otherwise available through the Services). nSymbol alone shall be responsible for determining, in its discretion, whether any use of the Content constitutes commercial use in each case;
  8. access (or attempt to access) any of the Services by any means other than through the interface that is provided by nSymbol and you specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the nSymbol website;
  9. engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services); or
  10. reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

9. Information You Submit

From time to time, the Services may contain functionality through which you can upload or submit information, data, software, messages, photographs, audio, video, text and other materials to, through or on the Services ("Your Upload Information"). For example, the Services may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas ("User Forums"). nSymbol, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. nSymbol reserves the right, but is not obligated, to delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in our sole discretion. nSymbol reserves the right to suspend or terminate your access to the Services and pursue all legal remedies if we believe your Upload Information infringes another's rights or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in Your Upload Information.

All of Your Upload Information is your sole responsibility. This means that you, and not nSymbol, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Services. nSymbol actively discourages you from uploading information or content (including photographs) about your friends or other people without their express prior consent. If you post personal information in User Forums or on other publicly available areas of the Services, then you may receive unsolicited messages from third parties. nSymbol cannot ensure the security of any information you post in User Forums or on publicly available areas of the Services. Under no circumstances will nSymbol be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information.

You warrant and represent that Your Upload Information:

  1. is an original work by you or you have all necessary rights, licenses and permissions in it and to submit it to nSymbol under the terms of these Terms of Use;
  2. is not defamatory; and
  3. does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation.

Except as otherwise described in our Privacy Policy or other agreement on the Services at which you provide Your Upload Information, Your Upload Information will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. When you upload Your Upload Information via the Services, you irrevocably grant to nSymbol, its parent, subsidiaries, affiliates, and partners, without any credit or compensation to you, a non-exclusive, worldwide, perpetual, unrestricted, irrevocable, royalty-free and fully transferable, assignable and sub-licensable right and license to use, reuse, modify, adapt, alter, display, archive, publish, sub-license, perform, copy, reproduce, disclose, transmit, communicate to the public, post, sell, translate, create derivative works of, distribute, make and export Your Upload Information (in whole or in part), or to incorporate it in other works in any form, media, software or technology of any kind now known or developed in the future, for any purposes whatsoever including, without limitation, for advertising, marketing, publicity and promotional purposes, such as developing, manufacturing and marketing products and targeted advertisements using such Uploaded Information. You hereby waive any moral rights (or any similar rights in any jurisdiction) you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that nSymbol, its parent, subsidiaries, affiliates, and partners are not obligated to use Your Upload Information submitted through the Services or otherwise, and may alternatively choose, in our sole discretion, to discard, refuse to post, limit or block access to Your Uploaded Information without any liability whatsoever.

You acknowledge that the Services, through nSymbol, its parent, subsidiaries, affiliates, and partners undertakes no obligation to pre-screen Your Upload Information, but has the right, in our sole discretion to monitor, modify, transmit over various networks, refuse, move, block access to or remove any of Your Upload Information. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. Since nSymbol, its parent, subsidiaries, affiliates, and partners may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive indecent or objectionable content in Your Upload Information.

10. Suggestions

You agree that nSymbol shall have a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, perpetual license to use or incorporate into the Services or Content any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Services or Content.

11. Links to Other Websites

The Services may contain links to other websites ("Other Sites"). If you use the links to access these Other Sites, you will leave the Services and be re-directed via browser to the Other Sites. The Other Sites may have their own terms of use and privacy policy and those Other Sites may have different practices and requirements than the Services. nSymbol may not have knowledge of, and is not responsible for, the content, information, services, products or advertisements presented by any Other Site which you use at your own risk. nSymbol does not warrant or make any representation regarding the legality, accuracy, quality or authenticity of content, information, services or products presented by Other Sites. The links to Other Sites do not constitute an endorsement by nSymbol of any Other Site(s) or resources, or their content, information, services or products. The Services are only providing these links to you as a convenience. The terms of use and privacy policy of any Other Sites shall apply to your access and use of them. nSymbol accepts no responsibility for the content or conduct of Other Sites.

12. Our Linking Policy

Any website that links to the nSymbol website:

  1. must not frame, surround, obfuscate or create a browser or border environment around any of the Content;
  2. may link to, but not replicate, the Content;
  3. must not imply that nSymbol is endorsing or sponsoring it or its products, unless nSymbol has given its prior written consent;
  4. must not present false information about nSymbol or its products or services;
  5. must not use any nSymbol Services or Content except as expressly permitted in these Terms of Use or without the prior written permission from nSymbol;
  6. must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; and
  7. must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights.

By linking to the nSymbol website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to deny permission to link to the nSymbol website for any reason in our sole and absolute discretion.

13. Third Party Content and Information

The Services contain Content and other information that is provided for your convenience and enjoyment. Third parties provide some of the Content and information. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information and inadequacies and that the Content may be subject to terms and conditions, which may be found within the Services or in the documents and policies of third parties. nSymbol makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.

In addition, third party advertisers or commercial partners may offer other services and content and other materials to you within the Services. Your correspondence and business dealings with others found on or through the Services including, without limitation, the payment and delivery of services, content and other materials, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant third party. nSymbol will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such services, content and other material within the Services. Under certain circumstances, we may permit third party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content.

Descriptions of, or references to, services, content, or other materials within the Services do not imply endorsement of that service, content, or other material.

14. Compelled Disclosure

If either you or nSymbol is compelled by law to disclose confidential information of the other party, it shall provide the other party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the other party's cost, if the other party wishes to contest the disclosure.

15. High Risk Activities

The Services is not fault-tolerant and is not designed, manufactured or intended for use or re-sale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). nSymbol and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

16. Disclaimer of Warranties

THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE NSYMBOL WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NSYMBOL AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT:

  1. THE SERVICES;
  2. THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SERVICES;
  3. THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SERVICES;
  4. THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THE SERVICES BY USERS;
  5. ANY PRODUCTS OR SERVICES OFFERED VIA THE SERVICES OR LINKS TO THIRD PARTIES;
  6. THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE SERVICES; AND/OR
  7. SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SITE.

NSYMBOL DOES NOT WARRANT THAT THE SERVICES, ANY OF THE SERVICES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NSYMBOL DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, NSYMBOL SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES, THE SERVICES OR THE CONTENT. FURTHER, NSYMBOL AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

NSYMBOL, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT.

YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

17. Disclaimers/Limitation of Liability

WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF USE, YOU UNDERSTAND AND AGREE THAT NSYMBOL FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL NSYMBOL, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "NSYMBOL ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

  1. THE SERVICES, THE CONTENT, OR YOUR UPLOAD INFORMATION;
  2. THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES OR ANY OF THE CONTENT OR FEATURES THEREON;
  3. ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY NSYMBOL OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICES OR CONTENT;
  4. ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR
  5. ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE NSYMBOL ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES).

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES NSYMBOL'S LIABILITY FOR:

  1. DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE;
  2. THE TORT OF DECEIT; OR
  3. ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

IF ANY OF THESE TERMS OF USE ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS OF USE ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS OF USE AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.

THE NSYMBOL ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

YOUR ACCESS TO AND USE OF THIS THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES OR THE CONTENT.

YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF NSYMBOL'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY NSYMBOL AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY NSYMBOL WEBSITE, SERVICES, CONTENT, PRODUCT, PROGRAM, MUSIC, VIDEO OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

18. Indemnity

You agree to indemnify, hold harmless, and keep nSymbol, its parents, subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Terms of Use, including, without limitation:

  1. your use of the Services;
  2. your violation of these Terms of Use or any law, rule or regulation;
  3. your use of the Content; or
  4. your placement or transmission of any of Your Upload Information or any other content or materials on or through the Services.

You will cooperate as fully and reasonably as required by nSymbol in the defence of any claim. Notwithstanding the foregoing, nSymbol retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against nSymbol herein under the terms and provisions of this Section 18 and in no event shall you settle any such claim without nSymbol's prior written approval.

19. Governing Law

This agreement is governed by the laws of the Province of Alberta, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Alberta, Canada. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

20. Miscellaneous

You may copy or distribute installer executables (Windows) or disk images (macOS) for the Software in their complete unaltered form.

Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature within the Services are incorporated by this reference into these Terms of Use for all purposes.

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Services and the Content, including, without limitation, those governing your transmission or use of any software or data.

These Terms of Use and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Services, the Content and Your Upload Information and supersedes any and all other prior written or oral agreements between them. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect. You agree that these Terms of Use will not be construed against nSymbol by virtue of having drafted these Terms of Use. If any provision of these Terms of Use shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms of Use. No waiver on the part of nSymbol of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of nSymbol.

Nothing in these Terms of Use are intended to confer on any third party (whether referred to in the Terms of Use by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms of Use.

21. Termination

You understand and agree that nSymbol will determine your compliance with these Terms of Use in our sole discretion. nSymbol reserves the right to restrict, suspend, deny or terminate access to all or part of the Services and to deny access to any person in our sole discretion without notice or liability of any kind. nSymbol maintains a policy that provides for the termination in appropriate circumstances of the Services use privileges of users who are repeat infringers of intellectual property rights. Any violation of these Terms of Use may be referred to law enforcement authorities. Upon termination of your user account or access to the Services, or upon demand by nSymbol, you must destroy all materials obtained from the Services and all related documentation.

You represent, warrant and agree that you will comply with the above Terms of Use. nSymbol reserves the right, in our sole discretion, to terminate any user's account or take such other action as nSymbol sees fit in relation to any user who breaches nSymbol's acceptable use policy or any of the other terms set forth herein. In extreme cases or as required by law or regulation, nSymbol reserves the right to take court action and/or report users to the relevant authorities. nSymbol believes in building a caring community based around sharing professional information and will not tolerate antisocial or unlawful behavior on the Services or in connection with any of the other Services.