Terms of Use

Acceptance of Terms

These Terms of Use set forth the terms and restrictions regarding the use of the Networks In Motion, Inc. ("Networks In Motion") web site(s), by you and the entity you represent (hereinafter collectively "you" or "your"). By using this web site in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply to your use of this web site and do not change or alter any other agreement between you and Networks In Motion regarding a separate subject matter. Use of Networks In Motion products or services made available on this web site will require you to enter into a separate agreement. If there is no separate agreement, these Terms of Use govern your use of those products and services (which together with the web site are referred to as the "Services").

Updates

Networks In Motion reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of Networks In Motion's web pages.

Privacy and Protection of Personal Information

See the Privacy Policy relating to the collection and use of your information. The link is provided at the bottom of this web page.

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.

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 the Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any Networks In Motion server, or the network(s) connected to any Networks In Motion 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 Networks In Motion 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.

Notice Specific to Software on this Web Site

In general, software that is made available to download from this web site ("Software") is the copyrighted work of Networks In Motion and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement ("EULA"), which accompanies or is included with the Software. An end user will be unable to use any Software that is accompanied by or includes a EULA, unless he or she first agrees to the EULA.

The Software is made available for download solely for use by end users according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Unless otherwise expressly stated in the EULA, the Software is provided AS-IS without warranty of any kind, express or implied.

Submissions

Networks In Motion does not want to receive confidential or proprietary information from you through its web site. Please note that any information or material sent to Networks In Motion will NOT to be treated as confidential. If you submit information or materials to us (including but not limited to, ideas, know-how, concepts, techniques, feedback, data, questions, comments, suggestions, strategies, artwork, statistics, graphs, processes, plans, freeware, scripts, code, or vulnerabilities), you grant Networks In Motion an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sublicensable license to use in any way for any commercial or non-commercial purpose, including without limitation the right to: reproduce, copy, display (publicly or otherwise), perform(publicly or otherwise), modify, transmit, distribute, edit, reformat, translate, make derivative works from those materials or information. You also grant Networks In Motion the right to use your name in connection with the submitted materials and information as well as in connection with all advertising, marketing and promotional material related thereto. You understand that you will not be compensated for any such use. You agree that you shall have no recourse against Networks In Motion for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

DISCLAIMER OF WARRANTY

AS TO THIS WEBSTIE AND THE SERVICES, NETWORKS IN MOTION AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some states, territories and countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

DISCLAIMER OF LIABILITY

NETWORKS IN MOTION AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION WHICH MAY RESULT FROM THE USE OF THIS WEB SITE OR THE SERVICES; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR THE SERVICES, EVEN IF NETWORKS IN MOTION OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states, territories and countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

Links to Third Party Sites

There are links on this web site that let you leave Networks In Motion's web site. The linked sites are not under the control of Networks In Motion and Networks In Motion 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. Networks In Motion is not responsible for webcasting or any other form of transmission received from any linked site. Networks In Motion is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Networks In Motion of the site. The third party names, logos, trade marks and trade names mentioned on this web site are the property of their owners.

Disclaimer of Endorsement

Reference to any products, services, processes, hypertext links to third parties or other data by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Networks In Motion or its licensors. Product and service information are the sole responsibility of each individual vendor.

Indemnity

You agree to indemnify, defend and hold Networks In Motion and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any illegal use or possession by you of the web site, the Services or Software in breach of these Terms of Use.

Export Control

You agree not to export from anywhere any part of Networks In Motion's products provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.

Governing Law

These Terms of Use and all matters relating to your access to, or use of this web site shall be governed by the laws of the state of California. You agree that any legal action or proceeding between Networks In Motion and you for any purpose concerning these Terms of Use or this web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.

Entire Agreement

These Terms of User constitute the entire agreement between Networks In Motion and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.