NC Software Terms of Service

By using this site and any services, you agree to be bound by these Terms of Use ("TOU") and our Privacy Policy. NC Software, Inc. ("NC Software") reserves the right to update the TOU at any time and to do so without notice to you. The most current version of the TOU was modified on June 22, 2018.

Description of Services. NC Software provides you with access to a variety of resources, including download areas, content, software, communication forums and product information ("Services"). The Services are subject to the TOU, including any updates, enhancements, new features, and the addition of any websites.

Use of Services. Unless otherwise specified or agreed to, the Services are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. All rights not expressly granted in this TOU are reserved by NC Software.

Ownership of this Site and Services. Except for information provided by you or other users of the site, or as otherwise provided, the Services and material provided on the site are protected by law, including United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site are owned by NC Software and/or others. Except for the limited rights granted herein, all other rights are reserved

Notice Specific to Software Available on this Website. Any software made available to download separately from the Services ("Software") is the copyrighted work of NC Software and/or third-parties. Use of the Software is governed by the terms of the license agreement, if any, which accompanies and/or is included with the Software ("License Agreement").

Notice Specific to Documents Available on this Website. Permission to use documents from the Services is granted, provided that (1) any copyright notice appears in all copies and that the copyright notice appear, (2) use of such documents is for informational and non-commercial or personal use only, and will not be otherwise copied or posted on any computer network or displayed or used in any other media, and (3) no modifications of any documents are made

Use of Accounts. If any of the Services requires you to open an account, you must complete the registration process by providing complete and accurate information. You are entirely responsible for (1) maintaining the confidentiality of your account and any associated password, and (2) any and all activities that occur with your account. You agree to notify NC Software immediately of any unauthorized use of your account or any other breach of security. NC Software will not be liable for any loss that you may incur as a result of any use of your password or account with or without your knowledge. However, you could be held liable for losses incurred by NC Software due to use of your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Communications and Community Forums. We welcome use of the Services, including the Community Forums. However, we do not treat information that you post to this site that are viewable by others as proprietary, private, or confidential. While we reserve the right to review posts and to remove material that in our judgment is not appropriate, we have no obligation to monitor posts to this site or to exercise any editorial control over such posts and are not responsible for content or any other information posted to this site by third parties. 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, the TOU or otherwise contrary to commonly accepted community standards, is prohibited—this includes 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.

Materials Provided to NC Software or Posted at any NC Software Web Site. By posting, providing or submitting any submission ("Submission"), you are granting NC Software an irrevocable global license to use your Submission to include the 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. By posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission.

DMCA Notice. We respond to notices of alleged copyright infringement in accordance with the process provided for in the U.S. Digital Millennium Copyright Act ("DMCA"). Notifications of claimed infringement should be sent as follows: NC Software, Inc. (Attn: DMCA Agent), 2711 Centerville Rd, PMB 5115, Suite 120, Wilmington, DE 19808, or by email to legal@nc-software.com. Your notice should include: (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 is not authorized; (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.

Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES AND ANY SOFTWARE ARE PROVIDED "AS-IS", AND WE MAKE NO 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 THE SERVICES, NC SOFTWARE SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ANY SOFTWARE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. NC SOFTWARE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES: (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.

YOU ACKNOWLEDGE THAT NC SOFTWARE IS NOT RENDERING ANY LEGAL, PROFESSIONAL OR AVIATION SERVICES TO YOU. YOU ARE RESPONSIBLE FOR KEEPING INFORMED OF ANY CHANGES IN LAWS, REGULATIONS AND OTHER PRACTICES AFFECTING USE OF THE SERVICES OR SOFTWARE AND/OR YOUR BUSINESS. NC SOFTWARE DOES NOT WARRANT THAT THE USE OR OPERATION OF THE SERVICES AND ANY SOFTWARE COMPLIES OR WILL ASSIST IN COMPLIANCE WITH ANY STATUTES, REGULATIONS, INDUSTRY STANDARDS OR PROCEDURES, INCLUDING THOSE THAT ARE AVIATION OR FLIGHT RELATED.

Limitation of Liability. IN NO EVENT SHALL NC SOFTWARE BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING INJURY, DEATH, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES AND/OR ANY SOFTWARE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF NC SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

California Consumer Rights Information. Under California Civil Code Section 1789.3, we are providing California residents with the following consumer rights information:

  1. The Services are owned and/or operated by NC Software, unless otherwise stated.
  2. Unless otherwise expressly stated, the Services are provided without charge.
  3. To file a complaint regarding the Services or to receive further information regarding use of the Services, send a letter to NC Software (PMB 5115 1st Floor, 2801 Centerville Rd, Wilmington, DE 19808) or contact us via email at legal@nc-software.com. You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at 916.445.1254 or 800.952.5210.

Application of TOU.

If there is a conflict between the TOU and any additional terms as with, for example, a License Agreement, the additional terms will control.

If any term is declared invalid or unenforceable, such term shall be deemed modified to the extent necessary and possible to render it valid and enforceable. The unenforceability or invalidity of any term shall not affect any other provision of the TOU, and the TOU shall continue in full force and effect, and be construed and enforced, as if such term had not been included, or had been modified (as provided), as the case may be.

The laws of Virginia, USA, excluding rules regarding conflicts of law, apply to any disputes arising out of or relating to the TOU or the Services. Application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. All claims arising out of or relating to the TOU or the Services will be litigated exclusively in the federal or state courts of Chesterfield County, Virginia, and you consent to personal jurisdiction in those courts.

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