Novatek Legal Policy

General

By accessing or using our Web Site, you acknowledge that you have read, understand and agree to be bound by these terms and conditions. The material provided on this Web Site is protected by Canadian and worldwide copyright laws and treaties. Except as specifically stated, none of the material on this Web Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without NOVATEK’s prior written permission. You also may not, without our permission, “mirror” any material contained on our Web Site or any other server. Permission is granted for you to make a single copy of documents published by NOVATEK on our Web Site solely for informational and non-commercial use within your organization; if you do make such copies, you must keep intact all copyright and other proprietary notices. No other use of the information provided is authorized. For materials bearing the copyright notice of a party other than NOVATEK, you are responsible for obtaining the permission of the copyright owner before making any use of such materials. You may not post to or from this Web Site any illegal, threatening, obscene, pornographic, harassing, defamatory, libelous or scandalous materials, or any other materials that could result in civil or criminal liability.

NOVATEK does not want you to, and you should not, send any confidential information or proprietary information to NOVATEK via the Web Site. Any submission by you becomes the property of NOVATEK and you grant NOVATEK the authority and right to use that information subject to the NOVATEK Privacy Statement set forth below. By sending NOVATEK materials or information, you grant NOVATEK an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material or information and you further agree that NOVATEK is free to use any ideas, concepts, know-how or techniques that you provide for any purpose.

Mention of non-NOVATEK products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Change of Information

Information published on this Web Site is subject to change without notice. NOVATEK may also make improvements and/or changes in the products and/or the programs described in this Web Site at any time without notice. The terms and conditions contained in this legal notice are subject to change without notice, and you should visit this page periodically to determine if any such changes have been made.

Compliance with Local Laws

NOVATEK makes no representation that the information contained in this Web Site or that access to this Web Site is appropriate or available for use throughout the world. You are responsible for compliance with all applicable local laws in the geography from which you access this Web Site, including but not limited to, all applicable export and import laws and regulations. Any claims relating to our Web Site shall be governed by the laws of the province Quebec, Canada exclusive of its conflict of law provisions. NOVATEK may unilaterally revise these terms and conditions without notice and any such changes shall be effective upon posting.

Disclaimer of Warranty

INFORMATION OR MATERIALS ON THIS SITE, OR ON ANY SITES LINKED TO THIS SITE, ARE PROVIDED “AS IS.” NOVATEK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE VALIDITY, ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH INFORMATION OR MATERIALS, OR OF THE RESULTS OF USING SAME. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, NOVATEK DISCLAIMS ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IF ANY PROVISION OF THIS DISCLAIMER IS HELD TO BE INVALID UNDER APPLICABLE LAW, THE REMAINING PROVISIONS SHALL NEVERTHELESS REMAIN IN FULL FORCE AND EFFECT.

Limitation of liability

IN NO EVENT SHALL NOVATEK OR ITS PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF BUSINESS PROFITS OR DATA, RESULTING FROM ACCESS TO THIS SITE OR ANY SITES LINKED TO THIS SITE, OR FROM USE OF INFORMATION OR MATERIALS PRESENTED ON SUCH SITES.

Software

Software may be made available for downloading from this Web Site. You agree that any software which you download is governed by the licensing terms accompanying the software or if no license terms accompany the software, the licensing terms contained in your agreement with NOVATEK authorizing you access to download such software or the license agreement which accompanied the original product licensed by you which you are updating.

Trademarks

All product and brand names are trademarks or registered trademarks of their respective holders.

Export Control

You may not download or otherwise export or re-export any information, materials or software except in full compliance with all Canadian and other applicable laws and regulations. Products and services may vary from country to country. Please contact your local NOVATEK representative for specific information.

Governing Law

The agreement evidenced in these terms and conditions is governed by and construed in accordance with the federal laws of Canada applicable therein and user attorneys to the exclusive jurisdiction of the courts of Quebec with respect to all issues relating to the construction, validity, interpretation and enforcement of these terms and conditions. Any provisions of the International Sale of Goods Act or any convention on contracts for the international sale of goods shall not be applicable to the agreement in these terms and conditions.