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© 2001- 2018
NetPower Solutions Belgium
All rights reserved.


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November 17, 2018


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General Trademark, Copyright Policy and Guidelines

Welcome to the NetPower Solutions Belgium web site, which is further named the 'Site'. This document explains the terms and conditions for using this Site. This is further called the 'Agreement'. By using our Site, you consent to this Agreement and any new version of it posted since your last visit. If this Agreement is not acceptable to you, then please do not use our Site.
This Agreement was last updated on: April 26, 2004.

Intranet User's Password and Account

If you have an account to use our intra- or extranet, you certify that you are at least 18 years old and that, to the best of your knowledge and belief, the information we received to register you is truthful, accurate and complete. You will be assigned a user name and password by us. You are responsible for maintaining the secrecy of your password and for activities occurring under your account. Be sure to notify us promptly if you believe your account is being accessed by others. You may not give your user name and password to others and you may not use another person's account without their specific authorisation.

Using our Web Site Content

Our Site may contain an assortment of information, data, software and updates, images, video clips, music, links, logos and other material, generally called the Site's Content, that are the copyright, trademark or other intellectual property of NetPower Solutions Belgium, its affiliates or third party suppliers. The Content in this Site is copyrighted individually and as a collective work. All rights are reserved. The name 'NetPower Solutions' and the names of our affiliates, products and services appearing on this Site are the trademarks or registered trademarks of the Site or our designated third party suppliers. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible.

If you operate a web site, you may not display in any way our Content. You will not link to our Site or Content in a manner that suggests an endorsement or affiliation between our sites. You will also remove any link to our Site that we find objectionable, and this promptly upon the first request. The sole exception to this, is partner channel companies that run our software through their websites and their other online offerings.

Our Site may offer users the ability to download software or use digital products and obtain periodic electronic updates to those products. Your use of any such products, updates and related documentation, if any, that you download from the Site will be governed by the applicable License Agreement accompanying such licensed materials. You may not under any circumstances transmit, distribute or otherwise make the products or updates available to others.

All content, communications, software and its updates, digital products and features of this Site are copyrighted by NetPower Solutions Belgium, its affiliates, or other designated third parties. We reserve all rights not specifically granted. You may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Site. To the fullest extent permitted by law, you may not reverse engineer this Site or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could suffer irreparable injury, which we would be forced to hold you responsible for to the furthest extend permitted by law.

Submissions to our Intranet

You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, hateful, ethnically offensive, which are harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Site. You will not use the Site to violate any applicable law, including Belgian, European or foreign securities laws or regulations. In order to protect itself, the Site may without liability actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Site.

Warranties

Our website may include inaccuracies, errors and defects and is provided without any kind of warranty. Eventual warranties that would exist will be specifically mentioned. We are not responsible for any unauthorised access to or disruption of your communications, content or transactions entered on this website. Under no circumstances can we be held responsible for any harassing, defamatory, illegal or improper conduct or content of third parties, or for any infringement of intellectual property rights by third parties.

Under no circumstances will NetPower Solutions Belgium or its affiliates be held liable for any direct or indirect, incidental or consequential damages, including lost savings, lost profit, lost goodwill, lost or corrupted data, or even a business interruption, even if notified in advance of such a possibility. This limitation is an integral part of this Agreement where allowed by law.

You agree to defend, indemnify and hold harmless the Site and its officers, directors, shareholders, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Site, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement.

You agree that if the Site breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Site. This applies regardless of whether the remedy fails of its essential purpose.

Force Majeure

The Site is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise.

Governing Law

For any claims arising this Agreement shall be governed by and construed in accordance with the Belgian and where appropriate European laws, without regard to conflict of law principles. You agree to initiate and maintain any legal action in Brussels, Belgium, and irrevocably consent to exclusive personal jurisdiction and venue therein.

You remain responsible for complying with your own local laws, which may vary with respect to certain activities or people. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained within six (6) months after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel.

Resident Specific Information

For NATO and EU member countries Government Personnel only : special license agreements are available for NATO and EU member countries Government Personnel only. Please contact our headquarters on NetPower Solutions, Provinciesteenweg 9, 3150 Haacht, Belgium, Europe.

Changes to the Given Service

We reserve the right to modify, change or discontinue the Site or any feature at any time without notice. You agree that the Site is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Site can be improved. If you make a suggestion, you authorise us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.

Termination of this Agreement

Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Site, or any feature of this Site, at any time without prior notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorised use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.

Forward-Looking Statements

This web site may contain forward-looking statements that involve risks, uncertainties and assumptions. If any of these risks or uncertainties materialises or any of these assumptions proves to be incorrect, the results of NetPower Solutions Belgium and its consolidated subsidiaries could differ materially from those expressed or implied by these forward-looking statements. All statements other than statements of historical fact are statements that could be deemed forward-looking statements, including any projections of earnings, revenues, synergies, accretion or other financial items; any statements of the plans, strategies and objectives of management for future operations; any statements concerning proposed new products, services, developments or industry rankings; any statements regarding future economic conditions or performance; any statements of belief and any statements of assumptions underlying any of the foregoing.

NetPower Solutions Belgium assumes no obligation and does not intend to update these forward-looking statements.

Miscellaneous

This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter. We reserve the right to change this Agreement at any time by posting a new version on the Site. Your continued use of this Site after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a hand signed writing, regardless of any course of conduct or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. All headings are for reference purposes only and have no substantive effect.

Copyright Infringement Procedures

If you believe content on our Site infringes your copyrighted work and you want the Site to take down the offending material, you will need to contact Michel Heuvelmans, NetPower Solutions Belgium, at our headquarter office located at Provinciesteenweg 9, 3150 Haacht, Belgium, Europe.