| |
 |
| |
|
| |
| ACCEPTANCE OF TERMS.
|
| |
|
The services that Nathan Ark Software Pvt.
Ltd. provides are subject to the following Terms of Use ("TOU").
Nathan Ark Software Pvt. Ltd. reserves the right to update
the TOU at any time without notice to you. The most current
version of the TOU can be reviewed by clicking on the "Terms
of Use" hypertext link located at the bottom of the pages
of all Nathan Ark Software Pvt. Ltd. sites.
|
| |
| DESCRIPTION OF SERVICES.
|
| |
|
Through its network and web sites, Nathan
Ark Software Pvt. Ltd. provides you with access to a variety
of resources and information (collectively "Services"). The
Services, including any updates, enhancements, new features,
and/or the addition of any new Web sites and applications,
are subject to the TOU.
|
| |
| PERSONAL AND NON-COMMERCIAL
USE LIMITATION. |
| |
|
Unless otherwise specified, the Services are
for your personal and non-commercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any
information, software, products or services obtained from
the Services.
|
| |
| PRIVACY AND PROTECTION
OF PERSONAL INFORMATION. |
| |
|
See the Privacy
Statement disclosures relating to the collection and use
of your information.
|
| |
| NOTICE SPECIFIC TO SOFTWARE
AVAILABLE ON THIS WEB SITE. |
| |
|
Any software, applications, and files that
are made available to download from the Services ("Software")
is the copyrighted work of Nathan Ark Software Pvt. Ltd. and/or
its suppliers. Use of the Software is governed by the terms
of the end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement"). An
end user will be unable to install any Software that is accompanied
by or includes a License Agreement, unless he or she first
agrees to the License Agreement terms. The Software is made
available for download solely for use by end users according
to the License Agreement. 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.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF
AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, NATHAN ARK SOFTWARE
PVT. LTD. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, NATHAN ARK SOFTWARE PVT. LTD. MAY MAKE
AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. NATHAN ARK SOFTWARE
PVT. LTD. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE
OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES
MADE AVAILABLE ON THE SERVICES OR IN NATHAN ARK SOFTWARE PVT.
LTD. SOFTWARE PRODUCTS.
|
| |
| NOTICE SPECIFIC TO DOCUMENTS
AVAILABLE ON THIS WEB SITE. |
| |
|
Permission to use Documents (such as electronic
documents, PDF files, white papers, press releases, datasheets
and FAQs) from the Services 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 the Services 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. Accredited
educational institutions, such as K-12, universities, private/public
colleges, and state community colleges, may download and reproduce
the Documents for distribution in the classroom. Distribution
outside the classroom requires express written permission.
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
nathanark.com Web site or any other Nathan Ark Software Pvt.
Ltd. owned, operated, licensed or controlled site. Elements
of Nathan Ark Software Pvt. Ltd. Web sites 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 Nathan Ark Software
Pvt. Ltd. Web site may be copied or retransmitted unless expressly
permitted by Nathan Ark Software Pvt. Ltd.
NATHAN ARK SOFTWARE PVT. LTD. AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. NATHAN ARK SOFTWARE PVT. LTD. AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL NATHAN ARK SOFTWARE PVT. LTD. 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 THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
NATHAN ARK SOFTWARE PVT. LTD. 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.
|
| |
| NOTICES REGARDING SOFTWARE,
DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE. |
| |
|
IN NO EVENT SHALL NATHAN ARK SOFTWARE PVT.
LTD. 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 SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
|
| |
| MEMBER ACCOUNT, PASSWORD,
AND SECURITY. |
| |
|
If any of the Services requires you to open
an account, you must complete the registration process by
providing us with current, complete and accurate information
as prompted by the applicable registration form. You also
will choose a password and a user name. You are entirely responsible
for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to notify
Nathan Ark Software Pvt. Ltd. immediately of any unauthorized
use of your account or any other breach of security. Nathan
Ark Software Pvt. Ltd. will not be liable for any loss that
you may incur as a result of someone else using your password
or account, either with or without your knowledge. However,
you could be held liable for losses incurred by Nathan Ark
Software Pvt. Ltd. or another party due to someone else using
your account or password. You may not use anyone else's account
at any time, without the permission of the account holder.
|
| |
| NO UNLAWFUL OR PROHIBITED
USE. |
| |
|
As a condition of your use of the Services,
you will not use the Services for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You
may not use the Services in any manner that could damage,
disable, overburden, or impair any Nathan Ark Software Pvt.
Ltd. server, or the network(s) connected to any Nathan Ark
Software Pvt. Ltd. server, or interfere with any other party's
use and enjoyment of any Services. You may not attempt to
gain unauthorized access to any Services, other accounts,
computer systems or networks connected to any Nathan Ark Software
Pvt. Ltd. server or to any of the Services, through hacking,
password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any
means not intentionally made available through the Services.
|
| |
| USE OF SERVICES |
| |
|
The Services may contain client centers, client
extranents, e-mail services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message
or communication facilities designed to enable you to communicate
with Nathan Ark Software Pvt. Ltd. and each others (each a
"Communication Service" and collectively "Communication Services").
You agree to use the Communication Services only to post,
send and receive messages and material that are proper and,
when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that
when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or
otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain
images, photographs, software or other material protected
by intellectual property laws, including, by way of example,
and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consent
to do the same.
- Use any material or information, including images or
photographs, which are made available through the Services
in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
- Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Services
specifically allows such messages.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot
be legally reproduced, displayed, performed, and/or distributed
in such manner.
- Falsify or delete any copyright management information,
such as author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source
of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user from using and enjoying
the Communication Services.
- Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others,
including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading
others.
- Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of
users of the Services or other user or usage information
or any portion thereof.
Nathan Ark Software Pvt. Ltd. has no obligation
to monitor the Communication Services. However, Nathan Ark
Software Pvt. Ltd. reserves the right to review materials
posted to the Communication Services and to remove any materials
in its sole discretion. Nathan Ark Software Pvt. Ltd. reserves
the right to terminate your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
Nathan Ark Software Pvt. Ltd. reserves the right at all times
to disclose any information as Nathan Ark Software Pvt. Ltd.
deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole
or in part, in Nathan Ark Software Pvt. Ltd.'s sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. Nathan Ark Software Pvt. Ltd. does not control or
endorse the content, messages or information found in any
Communication Services and, therefore, Nathan Ark Software
Pvt. Ltd. specifically disclaims any liability with regard
to the Communication Services and any actions resulting from
your participation in any Communication Services. Managers
and hosts are not authorized Nathan Ark Software Pvt. Ltd.
spokespersons, and their views do not necessarily reflect
those of Nathan Ark Software Pvt. Ltd..
Materials uploaded to the Communication Services may be subject
to posted limitations on usage, reproduction and/or dissemination;
you are responsible for adhering to such limitations if you
download the materials.
|
| |
| MATERIALS PROVIDED TO NATHAN
ARK SOFTWARE PVT. LTD. OR POSTED AT ANY NATHAN ARK SOFTWARE
PVT. LTD. WEB SITE. |
| |
|
Nathan Ark Software Pvt. Ltd. does not claim
ownership of the materials you provide to Nathan Ark Software
Pvt. Ltd. (including feedback and suggestions) or post, upload,
input or submit to any Services or its associated services
for review by the general public, or by the members of any
public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are
granting Nathan Ark Software Pvt. Ltd., its affiliated companies
and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses
(including, without limitation, all Nathan Ark Software Pvt.
Ltd. Services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission;
to publish your name in connection with your Submission; and
the right to sublicense such rights to any supplier of the
Services.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Nathan Ark Software Pvt. Ltd.
is under no obligation to post or use any Submission you may
provide and Nathan Ark Software Pvt. Ltd. may remove any Submission
at any time in its sole discretion.
By Posting a Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission
as described in these Terms of Use including, without limitation,
all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
In addition to the warranty and representation set forth above,
by Posting a Submission that contain images, photographs,
pictures or that are otherwise graphical in whole or in part
("Images"), you warrant and represent that (a) you are the
copyright owner of such Images, or that the copyright owner
of such Images has granted you permission to use such Images
or any content and/or images contained in such Images consistent
with the manner and purpose of your use and as otherwise permitted
by these Terms of Use and the Services, (b) you have the rights
necessary to grant the licenses and sublicenses described
in these Terms of Use, and (c) that each person depicted in
such Images, if any, has provided consent to the use of the
Images as set forth in these Terms of Use, including, by way
of example, and not as a limitation, the distribution, public
display and reproduction of such Images. By Posting Images,
you are granting (a) to all members of your private community
(for each such Images available to members of such private
community), and/or (b) to the general public (for each such
Images available anywhere on the Services, other than a private
community), permission to use your Images in connection with
the use, as permitted by these Terms of Use, of any of the
Services, (including, by way of example, and not as a limitation,
making prints and gift items which include such Images), and
including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and
reformat your Images without having your name attached to
such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time you completely
remove such Images from the Services, provided that, such
termination shall not affect any licenses granted in connection
with such Images prior to the time you completely remove such
Images. No compensation will be paid with respect to the use
of your Images.
|
| |
| NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. |
| |
|
Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright infringement
should be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT
RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright
Infringement |
| |
| LINKS TO THIRD PARTY SITES.
|
| |
|
THE LINKS IN THIS AREA WILL LET YOU LEAVE NATHAN
ARK SOFTWARE PVT. LTD.’S SITE. THE LINKED SITES ARE NOT UNDER
THE CONTROL OF NATHAN ARK SOFTWARE PVT. LTD. AND NATHAN ARK
SOFTWARE PVT. LTD. IS NOT RESPONSIBLE FOR THE CONTENTS OF
ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR
ANY CHANGES OR UPDATES TO SUCH SITES. NATHAN ARK SOFTWARE
PVT. LTD. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM
OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NATHAN ARK
SOFTWARE PVT. LTD. IS PROVIDING THESE LINKS TO YOU ONLY AS
A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY NATHAN ARK SOFTWARE PVT. LTD. OF THE SITE.
|
| |
| UNSOLICITED IDEA SUBMISSION
POLICY. |
| |
|
NATHAN ARK SOFTWARE PVT. LTD. OR ANY OF ITS
EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING
IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS
OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR
NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE
OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR
DISPUTES WHEN NATHAN ARK SOFTWARE PVT. LTD.'S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED
TO NATHAN ARK SOFTWARE PVT. LTD. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO NATHAN ARK SOFTWARE PVT. LTD. OR ANYONE
AT NATHAN ARK SOFTWARE PVT. LTD.. IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND
THEM, PLEASE UNDERSTAND THAT NATHAN ARK SOFTWARE PVT. LTD.
MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
|
| |
| COPYRIGHT NOTICE. |
| |
|
Copyright © 2003 Nathan Ark Software Pvt. Ltd.,
Rashmi Industrial Estate, Off Salunke Vihar Road, Pune - 411040
India. All rights reserved. Any rights not expressly granted
herein are reserved.
|
| |
|
|
|
|
|
|
| |
Copyright © 2003 Nathan
Ark Software Pvt. Ltd. All rights reserved. |
|
|
|
|