Terms

Terms and Conditions of Use for www.new-wave.com Web Site

1. TERMS AND CONDITIONS OF USE
The following terms and conditions of use ("Terms of Use") apply to all visitors to or users of this web site. By accessing this web site, the visitor or user acknowledges acceptance of these terms and conditions. In the case of any violation of these Terms of Use, New Wave Research, Inc. ("New Wave") reserves the right to seek all remedies available at law and in equity for such violations. These Terms of Use apply to all visits to the New Wave web site, both now and in the future.

2. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this server ("Software") is the copyrighted work of New Wave. Any use of any Software is governed in accordance with (i) the license agreement accompanying the file or (ii) the license agreement presented upon download of the file or (iii) the terms of the license agreement which accompanied the original product licensed by you which you are updating, whichever may be indicated for the particular Software. If none of the foregoing apply, then the Software is governed by 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 downloading solely for use by end users according to the applicable license agreement described in the foregoing paragraph. Any reproduction, redistribution or retransmission of the Software not in accordance with such license agreement is expressly prohibited by law.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT WHICH ACCOMPANIED THE FILE OR ORIGINAL PRODUCT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT ACCOMPANYING THE FILE OR PRODUCT, ALL SOFTWARE IS PROVIDED "AS IS," AND NEW WAVE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NONINFRINGEMENT AND THEIR EQUIVALENTS.

3. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use documents (such as white papers, press releases, datasheets and FAQs) from this server ("Documents") 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 this server 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. Use for any other purpose is expressly prohibited by law.
Documents specified above do not include the design or layout of the new-wave.com web site or any other New Wave owned, operated, licensed or controlled site. Elements of New Wave’s web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the New Wave web site may be copied or retransmitted unless expressly permitted in writing by New Wave .
NEW WAVE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NEW WAVE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT AND THEIR EQUIVALENTS. IN NO EVENT SHALL NEW WAVE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

4. LIMITATION OF LIABILITY FOR SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE.
IN NO EVENT SHALL NEW WAVE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.
THE SOFTWARE AND DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEW WAVE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE CHANGES IN THE SOFTWARE AND DOCUMENTS DESCRIBED HEREIN AT ANY TIME.

5. COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS; U.S. GOVERNMENT-RESTRICTED RIGHTS
User access to this web site is governed by all applicable federal, state and local laws. All information available on the web site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You warrant that you will comply in all respects with the Export Administration Regulations and all other export and re-export laws, rules and restrictions applicable to the Software and documentation licensed hereunder.
All New Wave products and publications are commercial in nature. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013, DFARS 252.227-7015 and FAR 52.227-19. The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government shall be governed solely by the terms of these Terms of Use and shall be prohibited except to the extent expressly permitted by these Terms of Use.

6. SPECIAL NOTE REGARDING FORWARD-LOOKING STATEMENTS
This web site may contain statements relating to future plans, events or performance. These statements may involve risks and uncertainties pertaining to such matters as the timing and level of customer orders, demand for products and services, development of markets for New Wave’s products and services, and other risks. Actual results, events and performance may differ materially. You are cautioned not to unduly rely on these forward-looking statements, which speak only as of the date posted. New Wave is under no duty to update any of these forward-looking statements to reflect events or circumstances after the date posted or to reflect unanticipated events.

7. COOKIES
A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you’ve visited, but the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. New Wave does not use cookies.

8. THIRD-PARTY STATEMENTS ON NEW WAVE’S WEB SITE
New Wave may, but is not obligated to, monitor or review statements made by third parties on New Wave’s web site. Users or other third parties may post statements or information on some portions of the New Wave web site from time to time. New Wave makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. New Wave expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law.

9. LINKS TO THIRD PARTY SITES
THE LINKS IN NEW WAVE’S WEB SITE WILL LET YOU LEAVE NEW WAVE’S WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NEW WAVE AND NEW WAVE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NEW WAVE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NEW WAVE OF THE SITE.

10. COPYRIGHT NOTICE
Copyright© 2003 New Wave Research, Inc. Any rights not expressly granted herein are reserved.

11. GENERAL
These Terms of Use shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods; rather, these Terms of Use shall be governed by the laws of the State of California, including its Uniform Commercial Code, without reference to conflicts of laws principles. These Terms of Use constitute the entire agreement between us and supersedes any other communications or advertising with respect to the Software and accompanying documentation, Documents and New Wave’s web site. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of these Terms of Use is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of the Terms of Use shall continue in full force and effect. The person agreeing to these Terms of Use represents and warrants that such person is authorized to bind and does so bind his or her principal or employer and has adequate legal capacity to enter these Terms of Use. You may not assign these Terms of Use or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of New Wave. Subject to the foregoing sentence, these Terms of Use shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

Last Revised 12/6/2004