Website Usage Policy

Terms and Conditions for Using this Website

Your use of the nycia.com or www.nycia.com or http://www.nycia.com web site (the "Site") is strictly conditioned upon your acceptance of all of the terms and conditions set forth herein and constitutes your agreement to all such terms and conditions. You warrant and represent to Nycia and Nycia.com ("Nycia") that you will not use this Site for any purposes that are unlawful or prohibited by these terms and conditions. Furthermore, if you are Client, you are bound by this policy representing not only to this Site, but also your own website, when you choose content to display to the public, or use as a storage area that does not comply with any of Nycia's Agreements posted on this Site.

Use of Software

• Any software programs, materials, devices, means, or otherwise, and associated documentation (the "Software") available to download from this Site are the property and copyrighted work of Nycia and/or its licensees. Your use of the Software is strictly governed by this end user license agreement which accompanies the Software and your use of such Software constitutes your agreement to all such terms and conditions.
• Any reproduction or redistribution of the Software is expressly prohibited. WITHOUT LIMITING THE FOREGOING, REDISTRIBUTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR ANY REASEON INCLUDING, BUT NOT LIMITED TO STORING, REVERSE ENGINEERING, FOR STORAGE. FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. The Software is subject to applicable export control laws and associated regulations. You agree not to export the Software, directly or indirectly.

Links to Other sites and communities

• This Site may, from time to time, contain links to sites operated by third parties. Nycia does not control such sites, is not responsible for their content, and does not make any warranty or representation with respect to such sites and/or the material contained therein. In addition, this Site may contain communities and other message or communication facilities ("Communities").
• You agree to use Communities only for purposes that are appropriate and pursuant to these Terms and Conditions of Use. Prohibited purposes shall include, but not be limited to: violating the rights of others; disseminating any inappropriate, infringing, obscene, or unlawful material; and/or downloading any material posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.

Outside Linking

• Other sites may link to http://www.nycia.com as long as the following conditions are met: (1) Nycia.com is not within a frame or iframe on the remote site. (2) No image(s) may be displayed or "linked to" by another website without expressed written consent of Nycia (3) only the homepage "www.nycia.com" may be linked to from remote site via an <a href> tag(4) no other webpage than the homepage (www.nycia.com) within the nycia.com website may be displayed or linked to.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

• NYCIA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY AND ACCURACY OF THE INFORMATION, SOFTWARE AND/OR SERVICES CONTAINED ON THIS SITE. THEY ALL ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NYCIA DISCLAIMS ALL WARRANTIES INCLUDING ALL THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• IN NO EVENT SHALL NYCIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE, OR ANY SITE HOSTED WITH NYCIA, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NYCIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COPYRIGHT AND TRADEMARK NOTICES

• All Site design, text, graphics, source code, webpages, and arrangement thereof, and all other material on this Site are copyrighted by Nycia. No part of this Site in part or whole may be reproduced, without the expressed written consent of Nycia. Other websites may link to the domain name: http://www.nycia.com. Other websites may NOT link to or display our images. Other websites may sell our product on their website, however, written consent is required. All rights reserved.
• Publishers who contribute works to the Site grant Nycia the right to display, transmit, create derivative works and make such works publicly available. Registered and Paying Clients are granted permission, based on their contract, to use, copy, store, and make derivative works from schemas obtained from this Site unless otherwise marked in each schema by the original publisher. All other contents of this Site are: Copyright © 1998 - 2008 Nycia, San Jose, CA 95123 USA All rights reserved.
• Nycia, the Nycia logo and certain other Nycia product names and services are trademarks or registered trademarks of Nycia in the United States and other countries. Other product and company names mentioned herein may be trademarks of their respective owners or licensees. The Terms and Conditions of use are made under and will be construed in accordance with the laws of the Commonwealth of California, without reference to its conflict of laws principles. In the event that any provision shall be held to be void or unenforceable in whole or in part by any court of competent jurisdiction, it shall not affect the remainder of the Terms and Conditions of Use, which shall remain in full force and effect, and the void or unenforceable provision shall be enforced to the maximum extent legally permissible.
• These Terms represent the entire agreement between the parties as to the matters set forth herein and supersede all prior or contemporaneous discussions, representations or understandings between them. No modification will be binding on either party unless made in writing and signed by both parties. Either party's failure to exercise any of its rights hereunder will constitute or be deemed a waiver or forfeiture of any such rights.

Privacy

• Nycia requests information from clients for certain services that may warrant basic contact/ new client registration information. Any personal information is kept strictly confidential. We do not provide or sell any personally identifiable information to to any third parties with the exception of information relayed to the Datacenter if a hosting service is provided. Personal information is necessary for Nycia to fulfill the client's request.
• This information may also be used by Nycia to contact or update the client with periodic Nycia publications or announcements, product details or other special offers. Only clients who have consented to receive E-mail updates are included on E-mail lists and instructions on how to "un-subscribe" from further email updates is included in every such email they receive from Nycia.
• There are, however, some limited circumstances in which we may be need to disclose Personally Identifiable Information about a user, and we want you to know about them.

Errors

• Clerical errors may occur from time to time in the website, online and printed material, catalogs, pricing schedules, order paperwork (invoices), and other documentation developed and / or distributed by Nycia. All such errors are subject to correction by Nycia.
• If any graphic, print collateral, or otherwise is found to be copyrighted material, please contact us immediately, and we will respond within one (1) working day to resolve the matter. We work extremely hard to comply with all legalaties.