Terms and Conditions of Use of This Website

ATTENTION:  THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) APPLY TO ALL USERS OF THIS WEBSITE.  USING THIS WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS WITHOUT ANY LIMITATION, RESERVATION OR MODIFICATION.  IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE OR ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) MADE AVAILABLE THROUGH THIS WEBSITE. 

Limitation of Use:
This website is owned, operated and maintained by or for NextWindow Limited and its subsidiaries (collectively “NextWindow”).  

This website is provided for informational purposes only.  NextWindow authorizes you to use this website and its content only for your own personal and non-commercial purposes.  Use of this website or any of its content for any public or commercial purpose is strictly prohibited.  If you make copies of any of the content of this website, you must retain on any such copies all copyright and other proprietary notices that appear in the original content.  You may not modify, publicly display, publicly perform, or distribute this website or any portion of this website.  As between you and NextWindow, NextWindow owns this website and all of its content and services.

This website and its contents are copyright © 2008-2009, NextWindow Limited. All rights reserved.  Accordingly, this website is protected under national and international copyright laws and treaty provisions, as well as other application national and international laws and treaty provisions.  Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, trademark or patent of NextWindow or any third party.  Any unauthorized use of this website may violate copyright, trademark and/or other laws.

NextWindow cannot guarantee that any of the information provided through this website is complete, accurate or up-to-date.  NextWindow may change the contents of this website, or may suspend or discontinue the products or services referenced on this website at any time without notice.  Please contact us at info@nextwindow.com for further information regarding the NextWindow products or services that may be available to you.

You may be required to use a username and/or password to access certain portions of this Website.  You are solely responsible for maintaining the confidentiality of your password and you are responsible for any and all activities performed using your password.  You agree to promptly inform NextWindow of any unauthorized use of your password or any other breach of security related to this website.  NextWindow reserves the right to require you to change your password if NextWindow believes that your password no longer is secure and to revoke your password if you violate these Terms.  

Trademarks:
NextWindow™, NextWindow Optical Touch™ and any other product or services names, marks, logos, symbols or slogans contained in this website are trademarks of NextWindow, its suppliers, licensors, partners or other third parties and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NextWindow or the applicable trademark holder.  Ownership of all such trademarks and the goodwill associated therewith remains with and inures to the benefit of NextWindow or the applicable trademark holder.  You may not use any metatags or any other “hidden text” containing or utilizing any trademark of NextWindow without NextWindow’s prior written authorization.

Downloaded Software:
Any software that is made available for download from this website is a copyrighted work of NextWindow or another applicable owner.  The use of any software downloaded from this website is governed by the terms of the end user license agreement, if any, which accompanies or is included with that software.  You may not install or use any such software unless you first have agreed to the terms of the applicable license agreement, if any.  If no such license agreement accompanies or is included with the software, then such software shall be deemed to be content of this website and these Terms shall govern your use of such software.  FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE DOWNLOADED FROM THIS WEBSITE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY A LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.

Third-Party Websites, Products and Services:
Links on this website to third-party websites are provided solely as a convenience to you.  NextWindow is not obligated to review any such third-party websites, does not control any such third-party websites, and is not responsible for any such third-party websites or the products, services, or content available through those websites.  Thus, NextWindow does not endorse or make any representations about such third-party websites, any information, products, services, or content thereof.  If you decide to access any of the third-party websites linked to from this website, you do this entirely at your own risk.  Furthermore, any reference on this website to third-party products or services is provided for informational purposes only and does not constitute an endorsement or a recommendation by NextWindow.

Information Provided By You:  
NextWindow does not collect personal information (such as your name, email address, telephone number and the like) from you through this website unless you voluntarily provide it.  By providing personal information to NextWindow through this website, you consent that NextWindow may use your personal information to contact you regarding our products and services and may share your personal information with third-parties unless otherwise prohibited by law.  You have the right to receive a copy of your stored personal information at any time and you are entitled to withdraw your consent with future effect at any time.
Subject to the preceding paragraph, by providing any materials or information to NextWindow through this website, including without limitation any feedback, suggestions, posts, uploads, inputs, or other submissions, you: (a) hereby represent and warrant that you have the right to do so; and (b) grant to NextWindow an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license, including the right to grant sublicenses, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such materials or information or any modification thereto, in whole or in part, in any format or medium, in any manner and for any purpose, commercial or non-commercial, that NextWindow deems appropriate in its sole discretion.   NextWindow does not want to receive any materials or information from you that is confidential.  Any materials or information that you provide to NextWindow will be considered non-confidential and non-proprietary and that NextWindow will be free to disclose such materials or information to any third party without restriction.

Disclaimers; Limitation of Liability:
THIS WEBSITE AND ALL OF ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  NEXTWINDOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THIS WEBSITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.  NEXTWINDOW EXPRESSLY DISCLAIMS ANY AND ALL EQUITABLE INDEMNITIES.

NEXTWINDOW SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY) ARISING OUT OF YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages.  Accordingly, some of the above disclaimers and limitations of liability may not apply to you.  To the extent that NextWindow may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of NextWindow’s liability shall be the minimum permitted under such applicable law.

Indemnification:
You agree to defend, indemnify and hold harmless NextWindow, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates, from and against any and all claims, damages, costs and expenses, including, but not limited to, attorneys’ fees, arising out of or in connection with your use of this website or any of its contents.

General:
These Terms constitute the complete and final statement of the agreement between you and NextWindow with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and NextWindow with respect thereto.  These Terms shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence.  The failure of NextWindow to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of NextWindow and you as reflected in the provision to the fullest extent permitted by law, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of this website.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NextWindow without restriction.

Modification of these Terms:
Please review these terms often; NextWindow may, in its sole and absolute discretion, change these Terms at any time by updating the contents of this page.  If you object to any such changes, your sole recourse shall be to cease using this website.  Continued use of this website following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions thereof. 

Revised November 2010.