Anmeldung zum Live-Workshop CRM-Manager in der IHK-Darmstadt
Basel II - Richtlinie
Eine Übersetzung der "Terms" fordern Sie bitte über 'Kontakt' an.
04.02.04, Darmstadt, Germany
We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
Use of MaterialsAll materials published by N&C on this Site (including, but not limited to N&C Software, text, images, illustrations, video and audio clips, etc., known collectively as the "Content") are owned or controlled by N&C , its subsidiaries or affiliated companies or a third-party provider, and are protected by copyright and are sometimes referred to as "Materials".
You agree that you will not record the images or animations contained in this Site by any means for the purposes of distribution or display. The Materials may not be copied, reproduced, uploaded or transmitted in any way unless specifically authorized by N&C , except that you may download one (1) copy of the Materials on a single computer for non-commercial, personal use only, provided that you keep all copyright, trademark and other intellectual property notices intact. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is using the Materials on any networked computer environment or other website.
Use of N&C SoftwareN&C Phone software, sometimes referred to as (the "Software") and accompanying documentation that are made available by download from this Site or on CD-ROM format are the copyrighted work of N&C . Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.
Warranties and DisclaimersExcept as expressly provided otherwise in a written agreement between you and N&C , the materials in or purchased through this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, N&C disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, N&C does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. N&C does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not N&C) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the N&C service, we include links to other web sites on the world wide web portion of the internet and that N&C has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.
LinksN&C may provide links to other sites that we feel are relevant and interesting to our users ("Link Sites"). N&C is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products ("Products"). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
Online BehaviourPlease exercise respect when participating in any of N&C 's community features such as Forums, Bulletin Boards, Chat Rooms, Email functions, etc. ("User Materials"). You may not submit or publish through N&C any User Materials that are libellous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through N&C that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.
Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.
The Submissions shall be deemed the property of N&C . N&C shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to N&C will not be treated as confidential and N&C shall not be liable for any disclosure of the Submissions.
Accounts and SecurityN&C does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You shall notify N&C of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at N&C 's sole discretion, and you may be reported to appropriate law-enforcement agencies.
Notification of Copyright InfringementN&C will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify N&C . Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:
Jurisdictional IssuesThis Site is controlled and operated by N&C . N&C makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Governing LawBy accessing this Site, you and N&C agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.
TrademarksThe trademarks, logos and service marks ("Marks") displayed on this Site are the property of N&C or other third parties. You are not permitted to use the Marks without the prior written consent of N&C or such third party, which may own the Marks. N&C and the N&C logo are trademarks of N&C r, Ltd.
Explanation of ServiceN&C provides the N&C Software ("Software") and manages operations of the N&C Services ("Services"). N&C Software is provided to all users for free but some services may require registration in order to function. Other services may require a paid subscription to N&C .
Through these services, you can register to become a user of the N&C Services and communicate with other N&C users through voice communication, Instant Message (IM) communication and/or other forms of communication. You also have the option of sharing your personal profile with other users of the N&C software. You can also search for other users and add them to your "friend's list". You can also approve or disapprove requests from other users who wish to add you to their friend's list, whereby those users will be able to see your online status. You can also invite others to download N&C software and register as a N&C user. From time to time, new services may be added which improve, modify or extend the functionality of the N&C Services.
Use of InformationN&C DOES NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER ANY PERSONAL INFORMATION COLLECTED THROUGH N&C SOFTWARE OR SERVICE TO ANY THIRD PARTY OUTSIDE THE N&C NETWORK. WE WILL TREAT ANY INFORMATION YOU PROVIDE TO N&C AS CONFIDENTIAL INFORMATION AND WILL NOT DISCLOSE IT TO ANY THIRD PARTY OUTSIDE THE N&C NETWORK. WE WILL PROVIDE INFORMATION COLLECTED THROUGH THE NETWORK TO OTHER USERS IN THE NETWORK ONLY WITH YOUR EXPLICIT PERMISSION AS GRANTED BY YOU THROUGH APPLICABLE SETTINGS AVAILABLE IN THE SOFTWARE. THIS INFORMATION IS GENERALLY NOT STORED BY N&C AT ALL AND IS INSTEAD VOLUNTARILY SHARED BY USERS TO AND FROM OTHER USERS IN THE NETWORK.
What Information Do You Provide to us and How Do We Use it?When you use the N&C Services and Software you provide three types of Information: (1) Personal Information you actively choose to disclose to N&C Limited ("Active Information"), (2) Usage Information that is provided passively or generated automatically during your use of N&C Software ("Passive Information") and (3) information that you share or communicate with other N&C Software users ("User Information").
If you choose to invite a friend to join N&C through a menu option in the software, you will be directed to a web page and will have the possibility of adding one or more email addresses in an online form. Any information entered in this form is stored temporarily and is used only for the purposes of automatically generating an email message to these users. The N&C website may also contain feedback forms where feedback can be reported directly to N&C employees. Any and all information which is voluntarily submitted in such feedback forms are used for the purposes of reviewing this feedback and improving the N&C Software and Services. N&C reserves the right to utilize this information for marketing purposes, for instance by displaying selected comments on it's website or in other communications. If N&C chooses to display a user-submitted comment it will either display it anonymously, stripping away all personally identifiable information, or request permission directly from you before displaying it.
User Information may be required by certain N&C Services in order for the Software to function as intended and, if so desired, for other users of N&C Software to communicate with you. User Information includes any information you enter in your User Profile (such as name and email address) and also includes your current online status and your IP number. User Information is NOT stored centrally but is temporarily transmitted to other users in the network if you have chosen to make this information available. As with most other communication software, other users of N&C Software may be able to obtain your IP address.
Passive Information is limited to information that is necessary in order to provide you with the desired functionality of the software and may include a session ID token, source and destination addressing information, and the version of the software you are using. Passive information is automatically generated and is not stored centrally, except for anonymously aggregated statistical information used to provide you with better service or statistical information used solely for the purposes of detecting fraud or to block access to N&C Services after the free trial period has ended according to the terms set out in the End User License Agreement.
No Content of Communications CollectedN&C does not collect any Contents of Communications such as calls or Instant Messages.
No Extraneous System Information CollectedNo information concerning your computing facilities is collected that is not related to providing N&C Services, including other installed software systems, non-service-related content, or hardware peripherals. No information about your specific computing facilities will be provided to any third party unless required by the Terms of Agreement of a Service with which you've registered.
No Provision of Information to Third Parties Without Your PermissionN&C will not sell, rent, lease or otherwise provide Active Information to any third party unless required by the terms of Agreement of a Service with which you've registered.
What Resources Do We Use and How Do We Use Them?During the course of using N&C Software, disk space, bandwidth and processing power may be utilized to provide the N&C services to you and to communicate with other N&C users. From time-to-time your computer may become a Super node. A Super node is a computer running N&C Software that has been automatically elevated to act as a hub. Super nodes may assist in helping other users to communicate or use the N&C software efficiently. This may include the ability for your computer to help anonymously and securely facilitate communications between other users of the N&C Software who, due to network and firewall constraints, cannot establish direct connections. The system has been designed so that being a Super node will not interfere with the normal operations of your computer.
How Do We Protect Your Data, Information, and Resources?N&C uses industrial strength technology to protect the data on your computer, any information you provide to us, and to protect the use of your computer resources. The data contained in your public profile is protected and can only be shared to other users if you chose to make such information public in the software settings. Passive Information you provide is stored only temporarily on secure databases and only in anonymous aggregate form unless required to provide billing information to Subscribers or to verify the integrity of your identity by N&C software or to comply with local laws or regulations. Your computer resources can not be accessed by any third party through N&C Software.
Software InstallationN&C Software is installed on computers with an installer downloaded from www.neuefeind-consultants.org or in combination with other software or web sites. N&C Services may also be provided through other applications that utilize the N&C Software. These applications are required to display the N&C End User License Agreement before the Software is installed. You can uninstall the N&C Software from the standard Windows Control Panel at any time.
Software UpdatesThe N&C Software contains update functionality. This enables the Software to determine that there is a newer version available, which has improved or new functionality and/or bug fixes. You will be asked for your permission before an update is performed unless you have specifically authorized N&C to automatically update your software without notification. The Software may however update non-program files from time to time without asking the user. These updates are only used to update file indices, configurations and other non-critical objects. These updates only pertains to executable files.
ChildrenNo part of this Software is directed to children. We will never knowingly collect information from users under the age of 13.
Delete/Deactivation PolicyIf you wish to delete any personal Information you submitted to N&C, you may do so by contacting us at delete@N&C .com. We will notify you of our receipt of your request. We will use commercially reasonable efforts to functionally delete all such information (excluding any information necessary in order to detect fraudulent use) from our database within fifteen working days from the date of the receipt of your request. Please note that it may be impossible to delete a user's entry without some residual Information because of backups and records of deletions. N&C reserves the right not to delete information in order to comply with applicable local laws or regulations.
Length of Time Data Will Be StoredUnless you request that we delete any of the information you submitted to N&C Ltd when you registered for any electronic updates and/or newsletters we may offer, we will store such information for a period of two years or for the period of time stipulated in applicable laws and regulations, whichever is greatest. At the conclusion of that time, all such information will be deleted.
Contact InformationFor more Information please click here to contact us.
N&C END USER LICENSE AGREEMENT
IMPORTANT - PLEASE READ CAREFULLYThis End User License Agreement ("Agreement") constitutes a valid and binding agreement between N&C (together with its affiliates, successors and assigns "N&C ") and you ("you," or "your") for the use of the N&C Software, Network and Services, as those terms are defined below. You must enter into this agreement in order to install and use such N&C Software.
BY INSTALLING AND USING THE N&C SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE N&C SOFTWARE.
The N&C Software and the Services are not intended for use by or availability to persons under the age limit of any jurisdiction which restricts the use of Internet-based applications and services according to age. IF YOU RESIDE IN SUCH A JURISDICTION AND ARE UNDER THAT JURISDICTION'S AGE LIMIT FOR USING INTERNET-BASED APPLICATIONS OR SERVICES, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE N&C SOFTWARE AND YOU MAY NOT ACCESS THE SERVICES.
1. License Grant.Subject to the terms of this Agreement, N&C hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to download, install and use the N&C Software, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "N&C Software") onto a computer for your sole use to install, interact with and utilize the N&C Software, including the content and features contained therein and the services and the Network related thereto ("Services"). The N&C Software may only be used in connection with the Services. As used herein, the term "Network" means the universe of computers connected to the Internet that are operating the N&C Software.
2. License Restrictions.(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Services, N&C Software or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the N&C Software, the Services or the Network; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the N&C Software or Services, including, without limitation, through sublicense, to any other entity without the prior written consent of N&C ; (iv) export or re-export the N&C Software in violation of United Kingdom export laws; (v) use the N&C Software or Services for any commercial purpose or the benefit of any third party or charge any person for the use of the N&C Software; or (vi) use the N&C Software or Services to, or in any way that would violate any applicable law, regulation or ordinance; (vii) collect any information or communication about the Network or users of the N&C Software or Services by monitoring, interdicting or intercepting any process of the N&C Software or the Network; and (viii) use any type of bot, spider virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage or disassemble the N&C Software, the Services or the Network. Furthermore, you may not use the N&C Software or Services to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the N&C Software or Services, (D) performs any unsolicited commercial communication not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
(b) The N&C Software and Services contain confidential and trade secret information owned or licensed by N&C , and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information.
(c) The N&C Software and Services may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to N&C to enforce any of your rights. All modifications or enhancements to the N&C Software and Services remain the sole property of N&C . You understand that N&C , in its sole discretion, may modify or discontinue or suspend your right to access any of its Services or use any of the N&C Software at any time, and may at any time suspend or terminate any license hereunder and disable any N&C Software you may already have accessed or installed without prior notice. N&C reserves the right to add additional features or functions to the N&C Software. When installed on your computer, the N&C Software periodically communicates with N&C servers. You acknowledge and agree that N&C has no obligation to make available to you any subsequent versions of its software applications.
3. Permission to Utilize.In order to receive the benefits provided by the N&C Software, you hereby grant permission for the N&C Software to utilize the processor and bandwidth of your computer for the limited purpose of facilitating the communication between other N&C Software users.
You understand that the N&C Software will protect the privacy and integrity of your computer resources and communication and ensure the unobtrusive utilization of your computer resources to the greatest extent possible.
4. Proprietary Rights.The N&C Software and Services contain proprietary and confidential information of N&C , including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the N&C Software, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of N&C and its suppliers, and except for the limited license granted to you, N&C reserves all right, title and interest in and to the N&C Software. You shall not take any action to jeopardize, limit or interfere with N&C 's ownership of and rights with respect to the N&C Software and Services. You acknowledge that any unauthorized copying or unauthorized use of the N&C Software or Services is a violation of this Agreement and copyright laws and is strictly prohibited.
5. Term; Termination.(a) This Agreement will be effective as of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below.
(b) You may terminate this Agreement at any time provided you cease all use of the N&C Software and Services AND destroy or remove from all hard drives, networks, and other storage media all copies of the N&C Software in your possession. N&C may terminate this Agreement at any time, with or without cause, by providing notice to you and/or preventing your access to the N&C Software and/or Services.
(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the N&C Software and the Services shall terminate and you must remove the N&C Software from your computer equipment and dispose of all originals and copies of the N&C Software in your possession, and (ii) Sections 2, 4, 5(b), and 7 through 13 shall survive such termination.
6. Payment.You acknowledge that certain functions in the N&C Software are only available to paid subscribers after a free trial period of the N&C Software and Services (the "Free Trial Period") ends. After the Free Trial Period ends, you will be presented with the option to subscribe to the Subscription Services. If you do not wish to subscribe, you acknowledge that you can not access functions and services only available to paid subscribers. To subscribe to the Subscription Services you must agree to the terms and conditions of the Subscription Services.
7. Your Representations and Warranties.(a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the N&C Software and Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the N&C Software or the Network or to defeat or overcome any encryption and/or other technical protection methods implemented by N&C with respect to the N&C Software and/or data transmitted, processed or stored by N&C or other users of the N&C Software, (iv) you will not take any steps to interfere with or in any manner compromise any of N&C 's security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested by N&C , and (vi) you will only use the N&C Software and Services on a computer on which such use is authorized by the computer's owner.
(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the N&C Software, Network or Services, except to remove the N&C Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the N&C Software, Network or Services. N&C reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
(c) If N&C has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, N&C may terminate this license, deny any or all use of the N&C Software and/or Services, and pursue any appropriate legal remedies.
8. Indemnity.You agree to indemnify, hold harmless and defend N&C and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by N&C arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the N&C Software and/or Services.
9. Disclaimer of Warranties.(a) THE N&C SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY N&C R, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE N&C SOFTWARE OR SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. N&C FURTHER DOES NOT REPRESENT OR WARRANT THAT THE N&C SOFTWARE OR ANY SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES N&C WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE N&C SOFTWARE OR THE SERVICES.
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE N&C SOFTWARE AND SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) THE N&C SOFTWARE IS UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO N&C R. YOU ACKNOWLEDGE THAT INSTALLATION OF THE N&C SOFTWARE WILL ALLOW THIRD PARTIES WHO ARE NOT AFFILIATED WITH N&C THE ABILITY TO COMMUNICATE WITH YOUR COMPUTER ("OUTSIDE PARTIES"). YOU AGREE THAT N&C WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 9(a) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.
(d) As some jurisdictions do not allow some of the exclusions set forth in this Section 9, some of these exclusions may not apply to you.
10. Limitation of Liability.(a) IN NO EVENT SHALL N&C, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE N&C SOFTWARE OR THE SERVICES, EVEN IF N&C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE N&C SOFTWARE AND/OR SERVICES IS TO UNINSTALL AND CEASE USE OF SUCH N&C SOFTWARE AND SERVICES.
(c) As some jurisdictions do not allow some of the exclusions set forth in this Section 10, some of these exclusions may not apply to you.
11. Emergency Calls.BY ACCEPTING THE TERMS OF THIS END USER LICENSE AGREEMENT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE N&C SOFTWARE AND THE SERVICES DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY TYPE OF HOSPITALS, LAW ENFORCEMENT AGENCIES, MEDICAL CARE UNITS OR ANY TYPE OF EMERGENCY SERVICES OF ANY KIND AND THAT N&C R, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND NETWORK SERVICE PROVIDERS ARE NOT NOR SHALL BE LIABLE IN ANY MANNER FOR SUCH CALLS.
12. Electronic Signatures and Agreements.You acknowledge and agree that by clicking on the button labelled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by N&C to download the N&C Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE N&C SOFTWARE OR SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
13. General Provisions.N&C reserves all rights not expressly granted herein. N&C may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at www.neuefeind-consultants.org. Your continued use of the N&C Software and/or Services shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and N&C. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of N&C at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of the United Kingdom sitting in London and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the N&C Software and Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. N&C may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE N&C SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO N&C THE RIGHTS SET FORTH HEREIN.
8 September, 2003