TERMS OF USE
Welcome to the Novera Optics, Inc. web site (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use"). If you do not agree to these Terms of Use, please do not use the Site. We may revise these Terms of Use at any time without notice to you. Please revisit this page periodically for any such revisions. Your continued use of the Site following the posting of any revisions to these Terms of Use constitutes your acceptance of such revisions.
Use of Web Site Information
You may print or download one copy of the materials or content on the Site on any single computer for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. Except as set forth above or as expressly authorized by Novera Optics, Inc., you may not otherwise use, download, copy, reproduce, modify, adapt, edit, create derivative works of, sell, license, rent, print, publicly display, publicly perform, publish, post, upload, transmit or distribute any content, materials or information from the Site in whole or in part.
Third Party Web Sites, Content, Products and Services
The Site may provide links to web sites and access to content, products and services from third parties, including, but not limited to, users, advertisers, affiliates and sponsors of the Site. The inclusion of such links and access does not imply endorsement of any third party web site, content, product or service by Novera Optics, Inc. These third party web sites are not under Novera Optics, Inc.'s control, and you acknowledge and agree that Novera Optics, Inc. is not responsible for the availability of such sites or the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. You should refer to the policies posted by third party web sites regarding privacy and other topics before you use them. If you choose to purchase any products or services from a third party, your relationship is directly with the third party, and you acknowledge and agree that Novera Optics, Inc. is not responsible for the quality of third party products or services, or for fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Novera Optics, Inc. is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Linking to the Site
Unless otherwise set forth in a written agreement between you and Novera Optics, Inc., you must adhere to Novera Optics, Inc.'s linking policy as follows: (i) any links to Novera Optics, Inc.'s site must be a text-only link clearly marked "Novera Optics, Inc. Web Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Novera Optics, Inc.'s names and trademarks, (iii) the link must "point" to the URL http://www.noveraoptics.com and not to other web pages within Novera Optics, Inc.'s web site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Novera Optics, Inc., (v) when selected by a user, the link must either spawn a new independent window or overtake the parent or topmost frame to display the Novera Optics, Inc. website full-screen and not within a "frame" on the linking web site, and (vi) Novera Optics, Inc. reserves the right to revoke its consent to the link at any time and in its sole discretion.
Termination of Use
You agree that Novera Optics, Inc. may, in its sole discretion, at any time terminate your access to all or part of the Site, with or without notice to you. In addition, access to the Site may be monitored by Novera Optics, Inc.
Disclaimer of Warranties
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON OR MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOVERA OPTICS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE), INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING (OR OF ANY OTHER PROVISION OF THESE TERMS OF USE), NOVERA OPTICS, INC. MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE SITE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE, WILL BE ACCURATE, RELIABLE, OR PERFORM AS DESCRIBED ON THE SITE; (D) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY DEFECTS OR ERRORS WILL BE CORRECTED. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. NOVERA OPTICS, INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. NOVERA OPTICS, INC. RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
IN NO EVENT SHALL NOVERA OPTICS, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NOVERA OPTICS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Indemnity
You agree to defend, indemnify and hold harmless Novera Optics, Inc., its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site. Novera Optics, Inc. reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Novera Optics, Inc. in asserting any available defenses.
Applicable Law
These Terms of Use and all matters relating to your access to, and use of, the Site shall be governed by U.S. federal law and the laws of the State of California, excluding its conflicts of law rules. Any legal claim, action or proceeding relating to these Terms of Use or your access to, or use of, the Site shall be instituted only in a state or federal court in the Northern District of California. You and Novera Optics, Inc. agree and submit to the exclusive personal jurisdiction of, and agree that venue is proper in, these courts in any such legal claim, action or proceeding.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Novera Optics, Inc. with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Novera Optics, Inc. with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Copyright/Trademark Information
Copyright (c) 2001, Novera Optics, Inc. All rights reserved. Novera, Novera Optics, SpeedLIHGT™, TurboLIGHT™, POM™, Lamda-PON™, DGEP, Dynamic Solutions for Dynamic Networks, among others, are trademarks of Novera Optics, Inc. Unauthorized use of any Novera Optics, Inc. trademark or logo violates the rights of Novera Optics, Inc. Other names appearing on the Site may be trademarks of their respective owners.
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