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WEBSITE TERMS OF USE AND DISCLAIMERS  

Welcome to www.nobel-systems.com.  The following Terms of Use and Disclaimers apply to and govern your use of the Website (as defined below) Using the Website signifies your agreement to be bound by these Terms of Use and Disclaimers. If you do not agree to these Terms of Use and Disclaimers, you may not access or otherwise use any of the Website. Before using the Website, please also review Nobel Systems, Inc.'s Privacy Policy posted on the Website.

 1.       DEFINITIONS. 

          a)         "Services" means any and services offered through the Website.

          b)         "Website" means the website at www.nobel-systems.com , http://nobel-systems.com , www.geovieweronline.net  and includes the Website Material, Services and links to other websites unless they are separately specified.

          c)          "Website Material" means all material on the Website, including without limitation all text, images, articles, photographs, illustrations, audio and video clips.

          d)         "User" means the person or persons using or accessing the Website.

2.       LICENSE TO USE THIS SITE.  Nobel Systems, Inc. grants you ("User") a non-exclusive, non-transferable, limited right to access, use and display the Website for your personal use only, provided that User complies fully with these Terms and Conditions. User shall not interfere or attempt to interfere with the operation of the Website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or by any other means.  Nobel Systems, Inc. reserves the right to revoke this license at anytime.

3.       NO UNLAWFUL OR PROHIBITED USE. As a condition of using this Website, User will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

4.       OWNERSHIP AND RESTRICTIONS.

          a)         Nobel Systems, Inc. owns, controls, licenses or has the right to use and provide the Website. The Website is protected by copyright as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. Nobel Systems, Inc. is the owner of the copyright in and to the Website and the selection, coordination, arrangement and enhancement of the Website Material. User agrees to abide by any and all copyright notices, information or restrictions displayed on the Website.

          b)         Except as provided in these Terms and Conditions, User may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any of the Website Material or any part of the Website without the prior written consent of Nobel Systems, Inc. User may download one (1) copy of Website Material for User's personal use, provided that User maintains all copyright, attribution and other notices contained in such Website Material, including without limitation trademarks and service marks of Nobel Systems, Inc. and its affiliates or the copyright holder identified in the individual Website Material's copyright notice. User acknowledges that User does not acquire any ownership rights by downloading copyrighted material. User is responsible for complying with all applicable laws, rules and regulations regarding User's use of any such downloaded Website Material. In the event of any permitted copying, redistribution or publication of material from the Website, User may not make any changes in or deletion of author attributions, trademarks, legends or copyright notices.

          c)          GeoViewer and GeoViewer Online are trademarks and service marks of Nobel Systems, Inc. All trademarks and service marks are owned by Nobel Systems, Inc., and may not be used without the permission of Nobel Systems, Inc. Any other marks appearing on the Website are the property of their respective owners and cannot be used without permission.

5.       RESERVATION OF RIGHTS.  Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Nobel Systems, Inc.

6.       DISCLAIMER OF WARRANTIES. 

          a)         THIS WEBSITE IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USER ASSUMES ALL RESPONSIBILITY AND RISK FOR USER'S USE OF THIS WEBSITE.

          b)         NOBEL SYSTEMS, INC., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE. USER'S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

          c)          Although Nobel Systems, Inc. attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Nobel Systems, Inc. so that it can be corrected. Information contained on the Website may be changed or updated without notice.

7.       PRIVACY POLICY.  By using or accessing the Website, User agrees to Nobel Systems, Inc. privacy policy.

8.       CHANGES TO WEBSITE AND TERMS OF USE.  Nobel Systems, Inc. reserves the right to change, alter, modify, add to or subtract from the Website at its discretion without prior notice.  Nobel Systems, Inc. for the reserves the right to modify these Terms of Use and Disclaimers at its discretion, without prior notice, by posting revised Terms of Use and Disclaimers of Use and Disclaimers.

9.       LINKS TO OUR SITE.  If User provides a hyperlink from User's website to our Website, User thereby agrees to these Terms of Use And Disclaimers.

10.    LINKS OR POINTERS TO OTHER SITES.  Nobel Systems, Inc. makes no representations whatsoever about any other website that User may access though this Website. When User accesses a non Nobel Systems, Inc. website, please understand that it is independent from Nobel Systems, Inc., and Nobel Systems, Inc. has no control over the content on that website. In addition, a hyperlink to a non Nobel Systems, Inc. website does not mean Nobel Systems, Inc. endorses or accepts any responsibility for the content or use of the linked site. It is up to User to take precautions to ensure that whatever User selects for User's use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

11.    INDEMNITY.  User will indemnify and hold Nobel Systems, Inc. free and harmless from any and all costs, debts, obligations, liabilities, damages (including attorney fees) arising out of User's failure to comply with these Terms of Use And Disclaimers, the falsity any information User provides Nobel Systems, Inc. and/or User's use of this Website.

12.    MISCELLANEOUS TERMS.

          a)         Complete Agreement. These Terms of Use And Disclaimers constitutes the entire agreement and understanding relating to the Website and User using and accessing same. User warrants and represents User is not relying on any terms, conditions, covenants, promises, warranties or representations not contained in these Terms of Use and Disclaimers.  Any such terms, conditions, covenants, promises, warranties representations not contained in these Terms of Use And Disclaimers shall be of no further force or effect.  Provided, however, these Terms of Use And Disclaimers do not affect any separate written contract between User and Nobel Systems, Inc.

          b)         Choice Of Law And Jurisdiction.  These Terms of Use and Disclaimers are entered into in the State of California and shall be governed by and construed in accordance with laws of the State of California and the United States of America.  The Superior Court of San Bernardino County, California shall have exclusive jurisdiction to adjudicate any disputes, lawsuits or claims regarding or arising out of the Website and/or User's use of the Website.  Provided that if any disputes, lawsuits or claims must be heard in federal court, United States District Court for the Central District of California shall have exclusive jurisdiction. User waives any jurisdictional, venue, or inconvenient forum objections to such courts.

          c)         Attorney Fees.  If any legal action is brought to enforce or interpret these Terms of Use And Disclaimers, or arises out of the Website and/or User's use of the Website, the prevailing party may recover reasonable attorney fees and expert fees, in addition to any other relief to which it may be entitled. 

          d)         Waiver.  Any express or implied waiver of a breach of any term of these Terms of Use And Disclaimers shall not constitute a waiver of any further breach of the same or other term of these Terms of Use And Disclaimers.  Any forbearance in exercising a right or remedy for a breach of these Terms of Use And Disclaimers shall not be deemed a waiver of such rights or remedies, unless that waiver is express and in writing.  Failure of either party to insist in any one or more instances upon strict performance of any of the provisions of these Terms of Use And Disclaimers, or to take advantage of any of its rights, shall not be construed as a waiver of any such provisions or rights or a relinquishment of any rights or remedies for the future.

          e)         Severability.  If any term of these Terms of Use And Disclaimers is found to be invalid or unenforceable by a court of competent jurisdiction, for any reason, the remainder of these Terms of Use And Disclaimers shall remain in full force and effect.  In addition, the term found to be invalid or unenforceable shall be construed to be valid and enforceable to the maximum extent permitted by law.