SupportNet Terms of Use

Introduction By logging into NDS Support Web-based technical support service ("Support Net"), you agree to the following terms and conditions. Through the Support Net sites, you will have access to various materials made available by NDS now and in the future, including but not limited to bulletins, white papers, and other technical articles; product availability, and product de-support information; the NDS Internal Support Database which includes Customer Service Requests and Program Change Requests that you have submitted and software patches; bulletin board and forum messages; and hyperlinks to Web sites not controlled by NDS (the "Materials"). Access to the Materials is provided only to authorized users for the purposes set forth herein. Unauthorized access is strictly prohibited. The Materials may be used solely in support of your authorized use of the software for which you hold a supported license from NDS (the "NDS Programs"). By accessing the NDS Support Web sites you also agree to the terms and conditions of the specific software license and support agreement between you and NDS or the standard NDS Program License Terms and Conditions and New Dimension Applications Support and Update Agreement if a specific license does not exist.

No Liability For NDS NDS Systems LC (NDS) specifically disclaims any liability with respect to the Materials and their contents, and no contractual obligations are formed either directly or indirectly by access to the Materials. NDS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE MATERIALS OR THE INFORMATION CONTAINED THEREIN, OR ARISING FROM ANY THIRD PARTY'S ACCESS TO INFORMATION SUBMITTED BY YOU TO NDS THROUGH THE NDS WEB SITE. IN NO EVENT SHALL NDS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

No Warranty NDS does not warrant that the information in the Materials is up to date or error free, nor does it provide any other warranties, whether expressed or implied in law, including the implied warranties of merchantability or fitness for a particular purpose. NDS makes no warranty that: (a) the site will meet your requirements; (b) the site will be available on an uninterrupted, timely, secure, or error-free basis: (c) the results that may be obtained from the use of the site or any services offered through the site will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the site will meet your expectations. The Materials are not a Program or Documentation under the terms of your license agreement(s) with NDS.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE. Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the ndsapps.com website or any other NDS Systems owned, operated, licensed or controlled site. Elements of NDS Systems websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any NDS Systems website may be copied or retransmitted unless expressly permitted by NDS SYSTEMS. NDS SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NDS SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL NDS SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, 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 SERVER. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NDS SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Applicable Laws U.S. federal law or the laws of the State of Florida shall govern all matters relating to your access to, and use of, the Site. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Pinellas County, Florida. You and NDS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. This site is controlled by NDS Systems from its offices within the United States of America. NDS Systems makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations.

Confidentiality Except for information in Web sites controlled by third parties that are accessible via hyperlinks from NDS Support Web sites, the information contained in the Materials is the confidential proprietary information of NDS. You may not disclose, reproduce, transmit, or otherwise copy in any form or by any means the information contained in the Materials for any purpose not set forth herein, without the prior written permission of NDS. NDS will take reasonable measures to keep third parties from obtaining unauthorized access to Customer Service Requests (CSR's) that you submit using the Support Net Web sites; however, NDS does not guarantee that third parties will not have access to any information, comments, feedback, or materials that you submit to NDS through or in association with the Support Net Web sites.