Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
These terms and conditions of use may be changed in the future without further notice. Further, these terms and conditions apply exclusively to your access to, and use of, this website and do not alter in any way the terms or conditions of any other agreement you may have with NCSA for products, services or otherwise.
Introduction: This website is maintained and operated by NCSA at least in part on a server located in Alberta, Canada. While NCSA has tried to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice.
Except as may be otherwise provided in a separate written agreement between you and NCSA, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to NCSA, or postings at this website, are non-confidential and shall become the sole property of NCSA to the fullest extent permitted by applicable law. NCSA shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent NCSA from becoming the sole owner of any such property, then this provision shall be effective as granting to NCSA (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, non-exclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.
Except as otherwise indicated, all website materials, including but not limited to design, text, graphics, other files, and the selection and arrangement thereof, are the copyright property of NCSA, ALL RIGHTS RESERVED. You may electronically copy and print hard-copy excerpts of this website (and materials here) only for non-commercial personal use, or non-commercial use within the organization that employs you, provided that the materials are not modified and all copyright or proprietary notices are retained. Any other use of the materials in this website-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of NCSA is strictly prohibited.
Forums, Interactive Areas, Postings and Feedback
This website may include discussion forums or other interactive areas, including chat rooms, bulletin boards or collaboration facilities. You agree not to upload to, distribute or otherwise publish through this website any content which is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for non-commercial purposes. On this site you shall not, without the express written approval of NCSA, distribute or publish promotions, advertising or solicitations for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this website, and NCSA takes no responsibility and assumes no liability for the content of posted or uploaded material. Please contact NCSA concerning any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on this site. NCSA reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive or otherwise inappropriate.
Copyright Infringement by Postings
By posting software or other content to this site, you warrant to us (and we rely on this warranty) that such items are known to you to be free shareware or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work. We undertake no duty to determine the validity of any claim of copyright. We make no warranty as to the currency, operability, or fitness for any particular purpose of any shareware software posted to this site, and will assume no liability for any losses or damages alleged to arise from use of or reliance on such software. We undertake no duty to determine the currency, operability, or fitness for any particular purpose of any shareware software posted to this site.
Any NCSA software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on this website is licensed to you by NCSA, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble or create derivative works from any Software.
NCSA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this website, or websites linking to this website.
“NCSA”, the NCSA logo, and the products and services described in this website are either trademarks, trade names or service marks of NCSA and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of NCSA. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of NCSA, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NCSA.
Commercial Use Not Permitted
No commercial use of the information on or under this website is licensed or permitted. For example, The use of automated systems (e.g., robots, spiders, or other information scrapers) to access, acquire or download information on this website is expressly prohibited where such systems are employed in connection with commercial objectives, or in a fashion that directly or indirectly violates the privacy interests of any individual.
THIS WEBSITE AND THE MATERIALS UNDER THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NCSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NCSA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NCSA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NCSA reserves the right to change any and all content contained on this website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by NCSA.
Limitation of Liability
IN NO EVENT SHALL NCSA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE.
The laws of the the Province of Alberta (for users located in Canada) or the laws of England (for users located outside the United States and Canada) shall govern the construction and interpretation of the these Terms and Conditions and the rights of the parties hereunder. By accessing and/or placing orders under this website, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and by all applicable laws and regulations, including U.S. Export control laws and regulations. Visitors who do not agree with these Terms and Conditions should not access or place orders through this website. Any controversy or claim arising out of or relating to your use of this website or any services provided hereunder shall be settled by binding arbitration to be held in the English language in Calgary, Alberta in accordance with the arbitration rules of the Alberta Arbitration Act (for users located in Canada) or in London, England in accordance with the arbitration rules of the International Chamber of Commerce (for users located outside the United States and Canada). Any judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. Any award rendered by the Arbitrator(s) may include costs against either Party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive or multiple damages against either Party.
Notwithstanding any of these Terms and Conditions, NCSA reserves the right, without notice and in its sole discretion, to terminate your license to use this website, and to block or prevent future access to and use of this website.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
It is at the express consent of the parties that the present agreement be written in English. C’est à la demande expresse des parties que cette convention soit rédigée en anglais.
Changes to these Terms
NCSA reserves the right to change, modify, or update these terms and conditions of use, at any time without notice. We indicate the date of the current version below, so you know when it was last updated.
Last updated: Version 1.1 July 5, 2016