Acknowledgement of Terms
Password and Security
Certain Services available on the Website require that you register with NESS using a User Name and a Password. You are solely responsible for maintaining the confidentiality of any such User Name and Password and are fully responsible for all activities that occur under your User Name, Password, or the account accessed pursuant to these. You agree to (i) immediately notify us of any unauthorized use of your User Name, Password, or account or any other breach of security, and (ii) ensure that you logoff from your account at the end of each session. NESS cannot and will not be liable for any losses or damages arising from your failure to comply with these provisions.
Collaboration with Third Parties
NESS works with certain third parties (“Third Parties”) to provide the Content, Services, and the Software available on this Website and to provide links to other websites. These third parties include, but are not limited to service providers, web hosting providers, technology providers, and the like. These entities may supply information for posting or access to this Website, but they do not control the content or policies of this Website. NESS does not endorse, sponsor, or recommend any third party product or service or hypertext links to third parties or other information by trade name, trademark, NESS name, etc. ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TO YOU SPECIFIC LEGAL, FINANCIAL, OR TAX ADVICE, OR ANY OTHER ADVICE WHATSOEVER OR TO BE RELIED UPON AS SUCH.
You acknowledge and agree that the Website, Services, Content (i.e., any items accessible on the Website) and any Software, including, but not limited to, applets, web modules, web-enabled programs, and all other types of software, used in connection with the Website, Services, and Content, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized in writing by NESS in each specific instance, you agree not to modify, rent, lease, copy, publish or republish, loan, sell, transmit, distribute, or create derivative works based on the Website, Services, Content, or Software, in whole or in part for any purpose whatsoever.
Failure to adhere to these provisions could subject you to serious penalties under federal copyright law and other federal, state, and/or local laws, where applicable.
NESS grants you a personal, non-transferable and non-exclusive right and license to use the Website, Services, Content, or Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website, Services, Content, or Software. You agree not to modify Software in any manner or form, or to use modified versions of Software for any purpose whatsoever, including (without limitation) for the purpose of obtaining unauthorized access to the Website, Services, Content, or Software. You agree not to access the Website, Services, Content, or Software by any means other than through the interface that is provided by NESS for doing so.
NESS’ trade names and design marks are trademarks and/or service marks (“marks”) of NESS. No display or use of such marks may be made without the express written permission of NESS.
NESS respects the intellectual property rights of others. If you believe that any Services, Content, or Software available on our Website or any other activity taking place on the Website constitutes infringement of a work protected by copyright law, please notify us so that we may respond to any such concerns by contacting us at the address provided below:
NESS Technologies, Inc.
300 Frank W. Burr Boulevard, 5th Floor
Teaneck, NJ 07666
Links to Other Websites
The Website may provide links to the Websites or services of other third-party sites. Links to such third-party sites do not constitute any endorsement by NESS of such third-party sites, or the quality, fitness, suitability, accuracy, or appropriateness of the products, content, materials or information presented or made available by such sites. You acknowledge and agree that NESS, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, are not responsible for any claims, damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.
Modifications to Website/Services/Content/Software
You acknowledge and agree that NESS may change, modify, amend, suspend or discontinue any aspect of the Website, Software, Services, or Content at any time, without notice and without liability to you or any OTHER third party.
Disclaimer of Warranties
ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF INFORMATIONAL CONTENT. ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TO YOU SPECIFIC LEGAL, FINANCIAL, OR TAX ADVICE, OR ANY OTHER ADVICE WHATSOEVER OR TO BE RELIED UPON AS SUCH.
NESS, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, DO NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR INFORMATION CONTAINED THEREIN OR ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT, SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEBSITE OR THE SERVICES, WILL BE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT SHALL NESS, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS WEBSITE OR ANY SERVICES OR CONTENT OR SOFTWARE MADE AVAILABLE ON OR THROUGH THIS WEBSITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NESS, ITS SERVICE PROVIDERS OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF THE CONTENT, SERVICES, OR SOFTWARE OR ANY DECISION MADE IN RELIANCE ON THE CONTENT SERVICES, OR SOFTWARE, CONTAINED ON OR ACCESSIBLE THROUGH THIS WEBSITE. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS WEBSITE IS TO DISCONTINUE USING THIS WEBSITE AND THE RELATED CONTENT, SOFTWARE, AND SERVICES. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Choice of Law and Venue
This Agreement shall be governed by and interpreted in accordance with laws of the Commonwealth of Pennsylvania and the United States, without giving effect to any conflict of laws provisions. The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in Allegheny County, Commonwealth of Pennsylvania.
The failure of NESS to exercise or enforce any right or provision of this Agreement will not deem a waiver of such right or provision.
The following provisions shall survive the termination of this Agreement and shall apply indefinitely:
- Password and Security
- Collaboration with Third Parties
- Intellectual Property
- Disclaimer of Warranties
- Limitation of Liability
- Choice of Law and Venue