Ownership and Agreement
Limitations on Use
Any software that you download from the Site is governed by the specific license terms provided with the software. If no specific license terms are provided with the file, the terms of the license agreement provided with the original product for which you are downloading the update shall apply.
You may not attempt to gain unauthorized access to any portion of the Site by hacking or any other illegitimate means.
You may not probe, scan or otherwise attempt to ascertain the Site’s security strengths and weaknesses. You may not breach the security or user authentication measures on the Site. You may not, by any means, attempt to identify any information on other users of or visitors to the Site, or on other customers of NexSens, including but not limited to personally identifiable information, other than your own information, as provided for by the Site.
You agree that you will not intentionally place an undue or excessively large electronic processing load on the infrastructure of the Site or NexSens’ systems or networks.
You agree not to use anything in an attempt (successful or not) to inhibit with the proper working of the Site, any transaction being conducted on the Site, or any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to NexSens on or through the Site or any service offered on or through the Site. You may not pretend that you are, or represent, anyone other than your true identity.
NEXSENS DOES NOT GUARANTEE THAT THE SITE, ANY CONTENT, OR FEATURE OF THE SITE WILL BE WITHOUT ERROR OR CONTINUOUSLY FUNCTIONAL. FURTHER, NEXSENS DOES NOT GUARANTEE THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. YOU SHOULD NOT EXPECT THAT YOUR USE OF THE SITE WILL RESULT IN SPECIFIC OUTCOMES. THE SITE AND ITS CONTENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. ANY INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NEXSENS CANNOT AND DOES NOT GUARANTEE THAT FILES OR OTHER DATA AVAILABLE FOR DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR DETRIMENTAL FEATURES. NEXSENS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEXSENS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CONTENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY RECOURSE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO DISCONTINUE USING THE SITE AND CONTENT. THIS LIMITED RECOURSE IS A PART OF THE TRANSACTION BETWEEN YOU AND NEXSENS.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL NEXSENS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, REPLACEMENT OF GOODS, OR LOST DATA FROM YOUR USE OF THIS SITE OR CONTENT, EVEN IF NEXSENS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold NexSens, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against NexSens by any third party due to or arising out of or in connection with your use of the Site.