Please read these terms carefully before accessing this Web site:
The following terms and conditions of use (these “Terms and Conditions”) are terms of a legal agreement between you and Nexthink S.A (“Nexthink”) and govern the terms and conditions of your use of and access to Nexthink’s website and online information.
The information, documentation, and other materials (“Information”) on this Web site are provided by Nexthink S.A. for the benefit of its customers, potential customers, partners and potential partners. By accessing, browsing and/or using this site and associated websites, online properties and links (collectively, the “Site” or “Nexthink Website”), you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Web site.
License and Use Restrictions
Except as otherwise provided on the Site, all rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to Nexthink or another party that has licensed their material to Nexthink. The information, photographs, illustrations, artwork, and other graphic materials, names, and logos on this Web site (collectively “Intellectual Property”) are covered by copyright, trademark, patent, or other laws. Except as expressly provided above, nothing on the Site shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights. Any unauthorized use of any materials at this Web site may violate copyright, trademark, patent, or other laws. Except as stated herein, none of the material or information on the Site may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Nexthink or the copyright owner. Subject to these terms and conditions, Nexthink grants you a limited, nonexclusive right to access, download, copy, and print the materials and information from this Website for your personal, non-commercial internal use only unless specifically licensed to do otherwise in writing by Nexthink S.A. This is the grant of a license, not a transfer of title, and is subject to the following restrictions. You may not:
- modify or copy the Information on this Site or use the Information for any commercial purpose, or for any public display, performance, sale or rental;
- use the Information in any way that may be adverse to Nexthink’s interests;
- attempt to reverse engineer or decompile any software found on this Web site;
- remove any copyright, trademark or other proprietary notices from any Information.
Failure to comply with these terms and conditions will immediately terminate this license. Upon termination, you must immediately destroy any downloaded and printed materials. Nothing contained in this Legal Notice shall be construed as conferring by implication, estoppel, or any other legal theory, any license or right to or under any patent, trademark, copyright, or other intellectual property right of Nexthink S.A. or any third party.
No Unlawful or Prohibited Use
You may not use the Site or any of the material or information contained on the Site for any unlawful purpose or any purpose prohibited by these Terms of Use, nor may you use the Site to solicit any illegal activity or any activity that may infringe upon the rights of others. You also may not, without Nexthink’s permission, “mirror” any material contained on the Site on any other server.
Trademarks
Nexthink and the Nexthink logo are trademarks of Nexthink S.A. “Nexthink Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Nexthink uses in connection with its products and services. You may not remove or alter any Nexthink Trademarks, or co-brand your own products or material with Nexthink Trademarks, without Nexthink’s prior written consent. You acknowledge Nexthink’s rights in Nexthink Trademarks and agree that any use of Nexthink Trademarks by you shall inure to Nexthink’s sole benefit. You agree not to incorporate any Nexthink Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
All other brands and names used on this Web site may be trademarks, registered trademarks, or service marks of their respective owners.
Links to Other Websites
This Web site may contain links to other Web sites operated by other entities. Nexthink S.A. does not endorse the companies that own, operate, or control a linked Web site, or products described, advertised, offered for sale, or promoted on a linked Web site. The linked Web sites are not under the control of Nexthink S.A. and Nexthink S.A. is not responsible for the content of any linked Web site or any link contained in a linked Web site. If you decide to visit any linked site, you do so at your own risk and Nexthink S.A. is not responsible for any viruses or other items of a destructive nature that may affect you as a result of accessing a linked Web site. You further acknowledge and agree that Nexthink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Please take necessary preventive measures when accessing a linked Web site. The inclusion of any link does not imply endorsement by Nexthink of the site.
Performance Information
Any performance data, information, statement, tests and ratings are measured using specific computer systems and/or components and may reflect the approximate performance of Nexthink S.A. products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. Customers and Buyers MUST consult other sources of information to evaluate the performance of systems or components they want to purchase. Customers and buyers may not reply upon the performance data, information, statement, tests and ratings set forth on this Web site.
Privacy
The Nexthink Privacy Policy governs any of the personal information that you provide to us. You understand that through your use of the Nexthink Website you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Nexthink and its affiliates.
Reservation of Rights
Nexthink S.A. reserves all rights not expressly granted under these Terms and Conditions, and no other rights are granted under these Terms and Conditions by implication or estoppel or otherwise.
Changes
The Information on this Web site may contain technical, typographical or other errors. Nexthink S.A. may make improvements and/or changes to the Information, or to the products described therein, at any time without notice. Nexthink S.A. makes no commitment to update or correct the Information. Nexthink S.A. may also revise this Terms of Use at any time, with or without notice. You should visit this page periodically to review the current terms and conditions binding on you.
Contributions to Nexthink
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Nexthink through its Site, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Nexthink is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Nexthink shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Nexthink may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Nexthink without any obligation of Nexthink to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Nexthink under any circumstances.
Severability
If any provision of the Terms and Conditions is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce the Terms and Conditions.
Disclaimer and Limitation of Liability
THE INFORMATION AND MATERIAL CONTAINED ON THIS WEBSITE OR MADE AVAILABLE THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, ACCURACY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE. IN NO EVENT SHALL NEXTHINK S.A. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE INFORMATION, EVEN IF NEXTHINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS PROHIBITED AND THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHER, NEXTHINK S.A. AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED ON THIS WEB SITE.
Governing Law and Jurisdiction
This Site is created and controlled by Nexthink in Switzerland. Except as set forth otherwise, the laws of Switzerland will govern these Terms and Conditions without giving effect to any principles of conflicts of laws. You also agree to comply with all laws from the country in which you reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
In the event you access or use the Site from the United States, matters related to access and use of Nexthink.com and these Terms and Conditions shall be governed by U.S. federal law or the laws of the State of Massachusetts. Any legal action or proceeding relating to your access to, or use of, the Site or content shall be instituted in a state or federal court in Boston, Massachusetts. You and Nexthink agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.