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LEGAL NOTICES AND TERMS OF USE
Welcome to the Niblock Financial Systems, Inc. (”NFS”) Web site (the “Web
Site”). Please review the following notices, terms and conditions
concerning your use of the Web Site. By accessing, using or downloading
any materials from the Web Site, you agree to follow and be bound by these
notices, terms and conditions (the “Terms”). If you do not agree with
these Terms, please do not use this Web Site.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to
information, documents, products, logos, graphics, sounds, images,
software, and services (”Materials”), are provided either by NFS or by
third party manufacturers, authors, developers and vendors (”Third Party
Providers”) and are the copyrighted work of NFS and/or its Third Party
Providers. Except as stated herein, none of the Materials may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including but not limited to
electronic, mechanical, photocopying, recording, or other means, without
the prior express written permission of NFS. Also, you may not “mirror”
any Materials contained on this Web Site on any other server without NFS’s
prior express written permission.
Except where expressly provided otherwise
by NFS, nothing on this Web Site shall be construed to confer any license
offer for license or sale under any of NFS’s or any Third Party Provider’s
intellectual property rights, whether by estoppel, implication, or
otherwise. You acknowledge sole responsibility for obtaining any such
licenses. See the “Legal Contact Information” below if you have any
questions about obtaining such licenses. Materials provided by Third Party
Providers have not been independently reviewed, tested, certified, or
authenticated in whole or in part by NFS and as such, NFS makes no
warranty with respect to its contents. NFS does not provide, sell,
license, or lease any of the Materials other than those specifically
identified as being provided by NFS.
NFS hereby grants you permission to
display, copy, distribute and download NFS’s Materials on this Web Site
provided that: (1) both the copyright notice identified below and this
permission notice appear in the Materials; (2) the use of such Materials
is solely for personal, non-commercial and informational use and will not
be copied or posted on any networked computer, broadcast in any media, or
used for commercial gain; and (3) the Materials are not modified in any
way. This permission terminates automatically without notice if you breach
any of these terms or conditions. Upon termination, you will immediately
destroy any downloaded or printed Materials.
Any unauthorized use of any Materials
contained on this Web Site may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications regulations and
statutes.
LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by parties other
than NFS. NFS is not responsible for and does not endorse or accept any
responsibility for the contents or use of these third party web sites. NFS
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by NFS of the linked web site. It
is your responsibility to take precautions to ensure that whatever you
select for your use is free of viruses or other items of a destructive
nature.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this Web Site
(”Software”) is the copyrighted work of NFS. Use of the Software is
governed by the terms of the end user license agreement that accompanies
or is included with the Software (”License Agreement”). An end user agrees
to the License Agreement terms by installing, copying, or using the
Software. The Software is made available for downloading solely for use by
end users according to the License Agreement. Without limiting the
foregoing, the copying or reproduction of the Software to any other server
or location for further reproduction or redistribution is expressly
prohibited. Any reproduction or redistribution of the Software not in
accordance with the License Agreement is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. THE SOFTWARE IS WARRANTED, IF
AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS
MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, NFS HEREBY DISCLAIMS
ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO
BE LEGALLY INVALID.
SUBMISSIONS
Except where expressly provided otherwise by NFS, all comments, feedback,
information or materials submitted to NFS through or in association with
this Web Site (”Submissions”) shall be considered non-confidential and
NFS’s property. By providing such Submissions to NFS, you agree to assign
to NFS, at no charge, all worldwide rights, title and interest in
copyrights and other intellectual property rights to the Submissions. NFS
shall be free to use and/or disseminate such Submissions on an
unrestricted basis for any purpose. You acknowledge that you are
responsible for the Submissions that you provide, and that you, not NFS,
have full responsibility for the Submissions, including their legality,
reliability, appropriateness, originality and copyright.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY NFS, THE MATERIALS ON THE WEB
SITE ARE PROVIDED “AS IS” AND NFS HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO
THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. NFS MAKES
NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE
MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
NFS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING,
MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE
MATERIALS. IN NO EVENT SHALL NFS BE LIABLE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO
LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC
ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN
IF NFS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU
HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA
AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT
MAKE A CLAIM AGAINST NFS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT,
WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU
AGREE TO HOLD NFS HARMLESS FROM, AND YOU COVENANT NOT TO SUE NFS FOR, ANY
CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
GENERAL
This Web Site may include inaccuracies or typographical errors. NFS and
the Third Party Providers may make improvements and/or changes in the
products, services, programs, and prices described in this Web Site at any
time without notice. NFS may periodically make changes to the Web Site.
Any action related to these Terms will be governed by North Carolina law
and controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply. These Terms represent the entire understanding
relating to the use of the Web Site and prevail over any prior or
contemporaneous, conflicting or additional, communications. NFS has the
right to revise these Terms at any time without notice by updating this
posting. Any rights not expressly granted herein are reserved by NFS.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress and other laws and
may not be copied or imitated in whole or in part. No logo, graphic, sound
or image from the Web Site may be copied or retransmitted unless expressly
permitted by NFS.
TellerWorks, STTAR, NOTAR, and other NFS product
names referenced herein are registered trademarks or trademarks of Niblock
Financial Systems, Inc. in the United States and other jurisdictions. All
other product names, company names, marks, logos, and symbols are
trademarks of their respective owners.
© 2000-2005 Niblock Financial Systems, Inc., 3908 West
Point Blvd., Suite C, Winston-Salem, North Carolina 27103 U.S.A.
All rights reserved. |
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