Description of Services
Through its network of Web properties, NEC India provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Limitation of Use
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, materials, documents, artistic works, software, products or services obtained from the Services, without NEC India's prior written permission.
Notice Specific to Documents Available on the Website
A limited non-exclusive permission to use any documents (such as white papers, press releases, datasheets and FAQs) from the Services ("Documents") 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 without NEC India's prior written consent, and (3) no modifications of any Documents are made without NEC India's prior written consent.
Use for any other purpose requires express written permission and violations are expressly prohibited by law.
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 or under any applicable law. You may not use the Services in any manner that could damage, disable, overburden, or impair any NEC India server, or the network(s) connected to any NEC India 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 NEC India 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 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 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, cancel bots, 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.
NEC India has no obligation to monitor the Communication Services. However, NEC India reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. NEC India reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
NEC India reserves the right at all times to disclose any information as NEC India 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 NEC India's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. NEC India does not control or endorse the content, messages or information found in any Communication Services and, therefore, NEC India 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 NEC India spokespersons, and their views do not necessarily reflect those of NEC India. 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.
Links to Third Party Sites
The links in this area will let you leave NEC India's site. The linked sites are not under the control of NEC India and NEC India 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. NEC India is not responsible for webcasting or any other form of transmission received from any linked site. NEC India is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NEC India of the site.
This document is provided "as is" without warranty of any kind whatsoever, either express or implied, including, but not limited to, the warranties regarding merchantability, fitness for a particular purpose, non-infringement or accuracy of data.
NEC India may make changes, revisions or improvements in, or discontinue the supply of, any material, product, software or service described or referenced in this document at any time without notice and at NEC India's sole discretion.
In no event shall NEC India be liable for any loss, expense or damage arising out of or in connection with the use of or reliance upon the information in this document.
To the maximum extent permissible by law, in no event shall NEC India be liable for any loss of profits, loss of business, loss of goodwill or for any indirect, special or consequential losses or damages arising out of or in connection with your access to and/or use of NEC India's web pages, services and/or communication services.
NEC India's total and aggregate liability arising out of or in connection with your access to and/or use of NEC India's web pages, services and/or communication services, under contract, tort, at law or in equity or under any other legal theory, shall be limited to a maximum of [us $1,000].
Unless otherwise expressly stated by NEC India, the Web pages, Services and Communication Services are provided to you in accordance with and are governed by the laws of India. The construction, validity and interpretation of these TOU shall be governed by the laws of India.