Effective Date: January 1, 2011
To review material modifications and their effective dates scroll to the bottom
of the page.
website business, NC Software ("NC Software"). All references to "we", "us",
"our", this "website" or this "site" shall be construed to mean this website
business and NC Software.
scroll to the bottom of this page periodically to review material modifications
and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING
3. Description of Services. Through its network of Web properties, NC Software,
Inc. provides you with access to a variety of resources, including download
areas, communication forums and product information (collectively "Services").
The Services, including any updates, enhancements, new features, and/or the
you may use the public areas of this site, but only for your own internal
non-commercial purposes. You agree not to access (or attempt to access) this
site by any means other than through the interface we provide, unless you have
been specifically allowed to do so in a separate agreement. You agree not to
access (or attempt to access) this site through any automated means (including
use of scripts or web crawlers), and you agree to comply with the instructions
set out in any robots.txt file present on this site. You are not authorized to
(i) resell, sublicense, transfer, assign, or distribute the site, its services
or content; (ii) modify or make derivative works based on the site, its services
or content; or (iii) "frame" or "mirror" the site, its services or content on
any other server or Internet-enabled device. All rights not expressly granted in
this Agreement are reserved by us and our licensors.
5. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE. Any software that is
made available to download from the Site ("Software") is the copyrighted work of
NC Software, Inc. and/or its suppliers. Use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). An end user will be unable to
install any Software that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement terms. The Software is
made available for download solely for use by end users according to the License
Agreement. Any reproduction or redistribution of the Software not in accordance
with the License Agreement is expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted to the maximum
6. Notice Specific to Documents Available On This Web Site. Permission to use
Documents (such as white papers, press releases, datasheets and FAQs) from the
Services 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, and (3) no modifications of any Documents are made.
Accredited educational institutions, such as K-12, universities, private/public
colleges, and state community colleges, may download and reproduce the Documents
for distribution in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. Documents specified above do not
include the design or layout of the NC Software, Inc. Web site or any other NC
Software, Inc. owned, operated, licensed or controlled site. Elements of NC
Software, Inc. Web sites are protected by trade dress, trademark, unfair
competition, and other laws and may not be copied or imitated in whole or in
part. No logo, graphic, sound or image from any NC Software, Inc. Web site may
be copied or retransmitted unless expressly permitted by NC Software, Inc.
7. Member Account, Password, and Security. If any of the Services requires you
to open an account, you must complete the registration process by providing us
with current, complete and accurate information as prompted by the applicable
registration form. You also will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify NC Software, Inc. immediately
of any unauthorized use of your account or any other breach of security. NC
Software, Inc. will not be liable for any loss that you may incur as a result of
someone else using your password or account, either with or without your
knowledge. However, you could be held liable for losses incurred by NC Software,
Inc. or another party due to someone else using your account or password. You
may not use anyone else's account at any time, without the permission of the
8. How We Treat Postings To This Site. We will not treat information that you
post to areas of this site that are viewable by others (for example, to a blog,
forum or chat-room) as proprietary, private, or confidential. We have no
obligation to monitor posts to this site or to exercise any editorial control
over such posts; however, we reserve the right to review such posts and to
remove any material that, in our judgment, is not appropriate. Posting,
transmitting, promoting, using, distributing or storing content that could
subject us to any legal liability, whether in tort or otherwise, or that is in
violation of any applicable law or regulation, or otherwise contrary to commonly
accepted community standards, is prohibited, including without limitation
information and material protected by copyright, trademark, trade secret,
nondisclosure or confidentiality agreements, or other intellectual property
rights, and material that is obscene, defamatory, constitutes a threat, or
violates export control laws.
9. Use of Services. The Services may include 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:
9.1 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).
9.2 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
9.3 Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
9.4 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.
9.5 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.
9.6 Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
9.7 Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
9.8 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.
9.9 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.
9.10 Restrict or inhibit any other user from using and enjoying the
9.11 Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
9.12 Harvest or otherwise collect information about others, including e-mail
9.13 Violate any applicable laws or regulations.
9.14 Create a false identity for the purpose of misleading others.
9.15 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.
10. Defamation; Communications Decency Act Notice. This site is a provider of
"interactive computer services" under the Communications Decency Act, 47 U.S.C.
Section 230, and as such, our liability for defamation and other claims arising
out of any postings to this site by third parties is limited as described
therein. We are not responsible for content or any other information posted to
this site by third parties. We neither warrant the accuracy of such postings or
exercise any editorial control over such posts, nor do we assume any legal
obligation for editorial control of content posted by third parties or liability
in connection with such postings, including any responsibility or liability for
investigating or verifying the accuracy of any content or any other information
contained in such postings.
11. Monitoring. We reserve the right, but not the obligation, to monitor your
access and use of this site without notification to you. We may record or log
12. Separate Agreements. You may acquire products, services and/or content from
this site. We reserve the right to require that you agree to separate agreements
as a condition of your use and/or purchase of such products, services and/or
13. Ownership of this Site. Except for information provided by you or other
users of the site, the material provided on this site is protected by law,
including, but not limited to, United States copyright law and international
treaties. The copyrights and other intellectual property in the content of this
site are owned by us and/or others. Except for the limited rights granted
herein, all other rights are reserved.
14. Materials Provided to NC Software or Posted at any NC Software Web Site.
14.1 NC Software, Inc. does not claim ownership of the materials you or other
users provide to NC Software, Inc. (including feedback and suggestions) or post,
upload, input or submit to any Services or its associated services for review by
the general public, or by the members of any public or private community, (each
a "Submission" and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission you are granting
NC Software, Inc., its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses (including, without limitation, all NC Software, Inc.
Services), including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; to publish your name in connection with
your Submission; and the right to sublicense such rights to any supplier of the
14.2 No compensation will be paid with respect to the use of your Submission, as
provided herein. NC Software, Inc. is under no obligation to post or use any
Submission you may provide and NC Software, Inc. may remove any Submission at
any time in its sole discretion.
14.3 By Posting a Submission you warrant and represent that you own or otherwise
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
14.4 In addition to the warranty and representation set forth above, by Posting
a Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent that (a) you
are the copyright owner of such Images, or that the copyright owner of such
Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of your
have the rights necessary to grant the licenses and sublicenses described in
has provided consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. 14.5 By Posting Images, you are
granting (a) to all members of your private community (for each such Images
available to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than a
private community), permission to use your Images in connection with the use, as
example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Images without having your
name attached to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding sentences for
Images will terminate at the time you completely remove such Images from the
Services, provided that, such termination shall not affect any licenses granted
in connection with such Images prior to the time you completely remove such
Images. No compensation will be paid with respect to the use of your Images.
15. DMCA Notice. This site is an Internet "service provider" under the Digital
Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As required by the
DMCA, this site maintains specific contact information provided below, including
an e-mail address, for notifications of claimed infringement regarding materials
posted to this site. All notices should be addressed to the contact person
specified below (our agent for notice of claimed infringement): Notification of
NC Software, Inc.
2711 Centerville Rd
PMB 5115, Suite 120
Wilmington, DE 19808
Agent's Name/Email Address:
Facsimile: (804) 323-1229
You may contact our agent for notice of claimed infringement specified above
with complaints regarding allegedly infringing posted material and we will
investigate those complaints. If the posted material is believed in good faith
by us to violate any applicable law, we will remove or disable access to any
such material, and we will notify the posting party that the material has been
blocked or removed. In notifying us of alleged copyright infringement, the DMCA
requires that you include the following information: (i) description of the
copyrighted work that is the subject of claimed infringement; (ii) description
of the infringing material and information sufficient to permit us to locate the
alleged material; (iii) contact information for you, including your address,
telephone number and/or e-mail address; (iv) a statement by you that you have a
good faith belief that the material in the manner complained of is not
authorized by the copyright owner, or its agent, or by the operation of any law;
(v) a statement by you, signed under penalty of perjury, that the information in
the notification is accurate and that you have the authority to enforce the
copyrights that are claimed to be infringed; and (vi) a physical or electronic
signature of the copyright owner or a person authorized to act on the copyright
owner's behalf. Failure to include all of the above-listed information may
result in the delay of the processing of your complaint.
16. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN
AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS
SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY
REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR
CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY
THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS
LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES
AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS,
NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS
LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES,
AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR
OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B)
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
17. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE AND ANY OTHER SOFTWARE IS
PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NC Software
DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTIES RELATING TO FITNESS FOR
A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE, AND WARRANTIES
ARISING FROM COURSE OF DEALING, USAGE OR TRADE. NC Software DOES NOT WARRANT
THAT THE SOFTWARE OR ANY OTHER SOFTWARE IS FREE FROM BUGS, ERRORS, OR OTHER
PROGRAM LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
FROM NC Software OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
18. LICENSEE ACKNOWLEDGES THAT NC Software IS NOT RENDERING ANY LEGAL,
PROFESSIONAL OR AVIATION SERVICES TO LICENSEE. LICENSEE IS RESPONSIBLE FOR
KEEPING INFORMED OF ANY CHANGES IN LAWS, REGULATIONS AND OTHER PRACTICES
AFFECTING ITS USE OF THE SOFTWARE AND/OR ITS BUSINESS. NC Software DOES NOT
WARRANT THAT THAT THE USE OR OPERATION OF THE SOFTWARE AND ANY OTHER SOFTWARE
COMPLIES OR WILL ASSIST IN COMPLIANCE WITH ANY STATUTES, REGULATIONS, INDUSTRY
STANDARDS OR PROCEDURES, INCLUDING THOSE THAT ARE AVIATION OR FLIGHT RELATED.
19. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE
LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS
OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR
IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY
INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS
SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
20. Links to This Site. We grant to you a limited, revocable, and nonexclusive
right to create a hyperlink to this site provided that the link does not portray
us or our products or services in a false, misleading, derogatory, or offensive
matter. You may not use any logo, trademark, or tradename that may be displayed
on this site or other proprietary graphic image in the link without our prior
21. Links to Third Party Websites. We do not review or control third party
websites that link to or from this site, and we are not responsible for their
content, and do not represent that their content is accurate or appropriate.
Your use of any third party site is on your own initiative and at your own risk,
22. Participation in Promotions of Advertisers. You may enter into
correspondence with or participate in promotions of advertisers promoting their
products, services or content on this site. Any such correspondence or
participation, including the delivery of and the payment for products, services
or content, are solely between you and each such advertiser.
23. Consumer Rights Information; California Civil Code Section 1789.3. If this
site charges for services, products, content, or information, pricing
information will be posted as part of the ordering process for this site. We
maintain specific contact information including an e-mail address for
notifications of complaints and for inquiries regarding pricing policies in
accordance with California Civil Code Section 1789.3. All correspondence should
be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
NC Software, Inc.
2711 Centerville Rd
PMB 5115, Suite 120
Wilmington, DE 19808
Agent's Name/Email Address:
Facsimile: (804) 323-1229
You may contact us with complaints and inquiries regarding pricing and we will
investigate those matters and respond to the inquiries. The Complaint Assistance
Unit of the Division of Consumer Services of the Department of Consumer Affairs
may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by
telephone at 1-916-445-1254.
24. Unsolicited Idea Submission Policy. NC Software or any of its employees do
not accept or consider unsolicited ideas, including ideas for new advertising
campaigns, new promotions, new products or technologies, processes, materials,
marketing plans or new product names. Please do not send any original creative
artwork, samples, demos, or other works. The sole purpose of this policy is to
avoid potential misunderstandings or disputes when NC Software's products or
marketing strategies might seem similar to ideas submitted to NC Software. So,
please do not send your unsolicited ideas to NC Software or anyone at NC
Software. If, despite our request that you not send us your ideas and materials,
you still send them, please understand that NC Software makes no assurances that
your ideas and materials will be treated as confidential or proprietary.
25. Arbitration. Except for actions to protect intellectual property rights and
to enforce an arbitrator's decision hereunder, all disputes, controversies, or
claims arising out of or relating to this Agreement or a breach thereof shall be
submitted to and finally resolved by arbitration under the rules of the American
Arbitration Association ("AAA") then in effect. There shall be one arbitrator,
and such arbitrator shall be chosen by mutual agreement of the parties in
accordance with AAA rules. The arbitration shall take place in Richmond,
Virginia, USA, and may be conducted by telephone or online. The arbitrator shall
apply the laws of the Commonwealth of Virginia, USA to all issues in dispute.
The controversy or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy of any
other party. The findings of the arbitrator shall be final and binding on the
parties, and may be entered in any court of competent jurisdiction for
enforcement. Enforcements of any award or judgment shall be governed by the
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral
Awards. Should either party file an action contrary to this provision, the other
party may recover attorney's fees and costs up to $1000.00.
26. Jurisdiction and Venue. The courts of Henrico County in the Commonwealth of
Virginia, USA and the nearest U.S. District Court shall be the exclusive
jurisdiction and venue for all legal proceedings that are not arbitrated under
27. Controlling Law. This Agreement shall be construed under the laws of the
Commonwealth of Virginia, USA, excluding rules regarding conflicts of law. The
application the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.
28. Onward Transfer of Personal Information outside Your Country of Residence.
Any personal information which we may collect on this site will be stored and
processed in our servers located only in the United States. If you reside
outside the United States, you consent to the transfer of personal information
outside your country of residence to the United States.
29. Severability. If any provision of these terms is declared invalid or
unenforceable, such provision shall be deemed modified to the extent necessary
and possible to render it valid and enforceable. In any event, the
unenforceability or invalidity of any provision shall not affect any other
provision of these terms, and these terms shall continue in full force and
effect, and be construed and enforced, as if such provision had not been
included, or had been modified as above provided, as the case may be.
30. Force Majeure. We shall not be liable for damages for any delay or failure
of delivery arising out of causes beyond our reasonable control and without our
fault or negligence, including, but not limited to, Acts of God, acts of civil
or military authority, fires, riots, wars, embargoes, Internet disruptions,
hacker attacks, or communications failures.
Material Modifications since January 1, 2011: none.