NOBELCOM SOFTWARE END USER LICENSE AGREEMENT

THIS IS HIGHLY IMPORTANT


PLEASE READ CAREFULLY


WHAT SHOULD YOU KNOW BEFORE READING THE END USER LICENSE AGREEMENT?


THIS AGREEMENT SETS OUT THE RIGHTS, DUTIES, OBLIGATIONS AND COVENANTS THAT GRANT A LICENSE AND, AT THE SAME TIME, BIND BOTH THE SOFTWARE PROVIDER - NOBELCOM AND YOU, THE END USER.


THIS AGREEMENT COVERS ALL PREVIOUS, PRESENT AND FUTURE VERSIONS OF THE NOBELCOM SOFTWARE.


UNDER THE CONDITIONS SET FORTH HEREINAFTER, THE PRESENT AGREEMENT SHALL BE IN FULL FORCE AND EFFECT REGARDLESS OF THE HARDWARE CONFIGURATION ON WHICH THE SOFTWARE IS INSTALLED AND/OR THE USER THAT DOWNLOADS, CONFIGURES, INSTALLS AND/OR MAKES USE OF THE SOFTWARE.


BEFORE USING THE NOBELCOM SOFTWARE YOU MUST AGREE TO THE PRESENT END USER LICENSE AGREEMENT. accepting THE TERMS AND CONDITIONS SET FORTH HEREIN MEANS THAT YOU SHALL BE BOUND BY THE OBLIGATIONS AND COVENANTS DESCRIBED HEREINAFTER, THAT YOU SHALL BENEFIT FROM THE RIGHTS GRANTED TO YOU BY THE PROVISIONS OF THE PRESENT AGREEMENT AND THAT YOU SHALL, IN RETURN, GRANT TO NOBELCOM THE RIGHTS SET FORTH WITHIN THE PRESENT AGREEMENT AND WAIVE ANY RIGHTS THAT YOU MIGHT OTHERWISE BENEFIT FROM USING THE SOFTWARE.


BY EITHER CLICKING THE BUTTON THAT EXPLICITLY STATES "I AGREE" TO THE TERMS AND CONDITIONS, or by CLICKING ON ANY SIMILAR LINKS PROVIDED BY NOBELCOM, CHECKING SIMILAR BOXES, by INSTALLING THE NOBELCOM SOFTWARE, REGARDLESS OF THE METHOD THAT WAS USED, OR BY SIMPLY "USING" THE SOFTWARE YOU HEREBY EXPRESSLY AND UNEQUIVOCALLY ACKNOWLEDGE THAT YOU HAVE READ THE PRESENT AGREEMENT, THAT YOU HAVE UNDERSTOOD THE RIGHTS AND OBLIGATIONS DESCRIBED WITHIN ITS CONTENTS AND THAT YOU AGREE TO THE PROVISIONS OF THE present END USER LICENSE AGREEMENT.


PLEASE TAKE INTO CONSIDERATION THAT THE NOBELCOM SOFTWARE CAN BE INSTALLED AND USED IN MULTIPLE COUNTRIES, BY MULTIPLE USERS, ON VARIOUS SYSTEM CONFIGURATIONS. therefore, IN ORDER TO INSTALL AND/OR USE THE SOFTWARE, PLEASE MAKE SURE THAT YOU MEET THE AGE REQUIREMENTS OF YOUR COUNTRY AND/OR OTHER APPLICABLE MANDATORY PROVISIONS, THAT THE SOFTWARE DOWNLOAD/DISTRIBUTION/IMPORT IS NOT PROHIBITED IN YOUR COUNTRY AND THAT YOUR SYSTEM MEETS THE MINIMUM HARDWARE REQUIREMENTS. IF THE NOBELCOM SOFTWARE IS PROHIBITED IN YOUR COUNTRY OR IF YOU ARE UNDERAGE OR OTHERWISE RESTRICTED FROM USING THE SOFTWARE, PLEASE DO NOT INSTALL IT AND/OR USE IT. NOBELCOM AND ITS AFFILIATES SHALL NOT BE HELD RESPONSIBLE FOR YOUR FAILURE TO COMPLY WITH THESE PROVISIONS.


THIS AGREEMENT IS WRITTEN IN ENGLISH. IF THIS IS NOT YOUR NATIVE LANGUAGE AND/OR IF YOU DO NOT FULLY UNDERSTAND THE TERMS SET FORTH HEREIN PLEASE ASK AN AUTHORIZED PROFESSIONAL TO HELP YOU. IF YOU ARE VISUALLY IMPAIRED PLEASE MAKE SURE THAT THE AGREEMENT WAS READ TO YOU AND/OR YOU HAVE USED "TEXT TO SPEECH" SOFTWARE IN ORDER TO ACKNOWLEDGE THE CONTENTS OF THE AGREEMENT. ACCEPTING THE TERMS AND CONDITIONS SET FORTH HEREIN MEANS THAT YOU FULLY UNDERSTAND AND HAVE A COMPLETE REPRESENTATION OF THE CONTENTS AND MEANING OF THE PROVISIONS DESCRIBED WITHIN THE PRESENT AGREEMENT.


FAILURE IN COMPLYING WITH THE PROVISIONS STATED ABOVE IS AT YOUR OWN RISK. PLEASE BE AWARE THAT BY FAILING TO SO COMPLY YOU MIGHT BE HELD RESPONSIBLE FOR NOT COMPLYING WITH THE LAWS OF YOUR JURISDICTION.


THIS AGREEMENT CAN ALSO BE FOUND ON THE NOBELCOM WEBSITE. PLEASE BE AWARE THAT PORTIONS OF THIS AGREEMENT MIGHT BE SUBJECT TO CHANGE AND, IF SO, NOBELCOM SHALL POST SUCH CHANGES ON ITS WEBSITE.


THE WEBSITE VERSION OF THE AGREEMENT SHALL ALWAYS PREVAIL IF IN CONFLICT WITH OTHER VERSIONS OF THE AGREEMENT. BY AGREEING TO THIS VERSION OF END USER LICENSE AGREEMENT YOU HEREBY AUTOMATICALLY AGREE TO THE VERSION CURRENTLY EXISTING ON THE NOBELCOM WEBSITE. IF THE WEBSITE VERSION OF THE AGREEMENT IS CHANGED AND YOU DO NOT AGREE TO ONE OR MORE OF THOSE CHANGES PLEASE IMMEDIATELY STOP USING THE SOFTWARE. FURTHER USE OF THE SOFTWARE SHALL BE REGARDED AS YOUR EXPRESS AND UNEQUIVOCAL ACKNOWLEDGEMENT AND APPROVAL OF THE TERMS AND CONDITIONS DESCRIBED WITHIN THE AMENDED AGREEMENT.


BY accepting THE PRESENT END USER LICENSE AGREEMENT YOU HEREBY AGREE TO ENTER INTO CONTRACT, PLACE ORDERS, RECEIVE NOTICES, INVOICES, RECEIPTS OR OTHER FORMS OF ELECTRONIC COMMUNICATION, TO CREATE RECORDS AND TO PERFORM OTHER RELATED ACTIONS RELATED TO THE SOFTWARE BY MEANS OF ELECTRONIC COMMUNICATIONS. FURTHERMORE, THE ELECTRONIC FORM SHALL BE THE ONLY ACCEPTED FORM OF AGREEMENT BETWEEN YOU AND NOBELCOM, TO THE EXTENT ALLOWED BY APPLICABLE LAW.


SPECIFIC WAIVER


YOU HERBY EXPRESSLY AND UNEQUIVOCALLY AGREE TO WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE PROVISIONS, REGULATIONS, OR LAWS, ANY RIGHTS, DUTIES, OBLIGATIONS, COVENANTS, RULES AND/OR REGULATIONS EXISTING UNDER ANY LAW AND/OR JURISDICTION THAT, DIRECTLY OR INDIRECTLY, REQUIRING AGREEMENTS, SIGNATURES, RECORDS AND/OR OTHER RELEVANT INFORMATION TO BE MADE, RETAINED, OR DELIVERED IN NON-ELECTRONIC FORM.


YOUR FAILURE TO COMPLY WITH THIS SPECIFIC WAIVER SHALL IMMEDIATELY LEAD TO THE TERMINATION OF THE PRESENT AGREEMENT AND, IF APPLICABLE, TO THE CANCELLATION/SUSPENSION OF YOUR ACCOUNT. FURTHERMORE, ANY FUTURE USE OF THE SOFTWARE SHALL BE RESTRICTED AND DEEMED AS NON-COMPLIANT WITH THE TERMS AND CONDITIONS OF THE PRESENT AGREEMENT.


THIS SOFTWARE DOES NOT PROVIDE ACCESS TO EMERGENCY SERVICES. FOR MORE DETAILS PLEASE CONSULT CHAPTER IV OF THE AGREEMENT.


BEFORE READING THE PRESENT AGREEMENT PLEASE NOTE THAT THE USE OF THE WEBSITE AND/OR SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS OF THE WEBSITE, TO OUR PRIVACY POLICY, AND TO ANY OTHER RELATED LEGAL DOCUMENTS. YOU CAN CONSULT ALL THESE DOCUMENTS ON THE NOBELCOM WEBSITE. THE PRESENT AGREEMENT DOES NOT EXCLUDE IN ANY WAY THE PROVISIONS OF SUCH DOCUMENTS EXCEPT IF SPECIFICALLY MENTIONED HEREIN.


GLOSSARY OF TERMS


AGREEMENT: the present End User License Agreement in its present and future versions;


CONTENT: refers to any and all SOFTWARE or WEBSITE related information or data including but not limited to text, audio, images, videos, code, packets, photos etc.


DOCUMENTS/DOCUMENTATION: any and all text-based documents provided to you by NOBELCOM;


IP rights: refer to any and all trademarks, patents (live or pending), industrial designs, copyrights and other intellectual property rights, knowhow, trade secrets, registered ideas, confidential information, trade names or other similar rights, as well as any applications, extensions or additions with regard to such rights;


MINIMUM HARDWARE REQUIREMENTS: the minimum hardware and software conditions that have to be met by the SYSTEM on which the NOBELCOM SOFTWARE shall run.


These conditions include:


- Windows® compatible PC having a Microsoft® Operating System installed;
- An internet connection;
- Microphone and speakers or a Headset.

NOBELCOM: a brand of Nobel, Ltd. Nobel, Ltd. is located in Canon's Court, 22 Victoria Street, Hamilton HM 12, Bermuda. Any further or previous reference to NOBELCOM shall also be regarded as a reference to Nobel, Ltd.


SITE/WEBSITE: any and all pages, content, appearance, elements, available at www.nobelcom.com


SOFTWARE: a NOBELCOM software application that provides telecommunication services;


SYSTEM: the hardware configuration on which the Software shall be installed and used;


TERMS: the conditions, policies and restrictions that apply to You with regard to the use of SOFTWARE and/or other related services;


USER ACCOUNT: refers to the account needed in order to run the NOBELCOM Software;


YOU: refers to You, the End User of the NOBELCOM Software, any similar or derivative reference shall be interpreted accordingly;


Summary


I. TRADEMARKS. PATENTS. INTELLECTUAL PROPERTY RIGHTS


II. LICENSE. RESTRICTIONS AND LIMITATIONS


III. RIGHTS AND DUTIES. EXPECTATIONS. EMERGENCY SERVICES


IV. DISCLAIMER OF WARRANTIES


V. INDEMNIFICATION. LIMITATION OF LIABILITY


VI. AGREEMENT DURATION, SUSPENSION AND TERMINATION


VII. JURISDICTION. APPLICABLE LAW


VIII. COMPLAINT POLICY


IX. FINAL PROVISIONS


I. TRADEMARKS. PATENTS. INTELLECTUAL PROPERTY RIGHTS


Please be aware that the NOBELCOM SOFTWARE and/or its programming code or parts thereof might be protected by International Copyright Laws, that the software name, logo or other related marks might be an International Registered Trademark of NOBELCOM or other entity, and that the SOFTWARE technology, the programming code or parts thereof might be protected by International Patent Laws. Please do not copy, reproduce, mimic, alter or in any way infringe any of these rights. NOBELCOM is not bound in any way to represent, indicate or mark by any means the fact that the SOFTWARE and/or its programming code or parts thereof are protected by International Copyright/Patent Laws or that the software/website name, logo or other related marks are a registered or nonregistered Trademark of NOBELCOM or other entity.


NOBELCOM and nobelcom.com are trademarks of Nobel, Ltd, which may be referred to in this Agreement as NOBELCOM. The names of companies and products mentioned and contained on the Site may be the trademark of their respective owners.


II. LICENSE. RESTRICTIONS AND LIMITATIONS


Pursuant to the provisions described hereinafter and hereinbefore, NOBELCOM grants You a limited, personal, non-commercial, non-exclusive, non-assignable, non-sublicensable, free of charge license to download, install and use the SOFTWARE on Your SYSTEM. You may use the SOFTWARE in order to communicate by means of Telecommunication Internet Protocol technologies.


You may also use the SOFTWARE at University or any other Educational institution, or at work or within Your business as long as You abide by the terms and conditions of this Agreement.


You hereby grant to NOBELCOM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable license to: (a) reproduce, modify and publish any content that you use on the publicly accessible areas of the NOBELCOM Website for the purpose of displaying and distributing such Content on the NOBELCOM Website for such time as You continue to use such content on the NOBELCOM Website; and (b) distribute and/or display through the SOFTWARE any content that You provide or make available using the SOFTWARE for the sole purpose of making the SOFTWARE and the products available to You.


You are not allowed to sell, resell, lease, rent, distribute, export, import, multiply, modify, reverse-engineer, disassemble, decompile, hack, transcribe, translate into any language or computer language, re-transmit in electronic, mechanical, photo reproduction, recordation or otherwise in any form or by any means, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, including derivative works, perform, display, grant any rights to third parties or in any way exploit or alter the SOFTWARE and/or its programming CODE, enhancements, modifications, updates, patches and/or fixes. The same provision also applies to parts of the SOFTWARE or programming code, including images, logos, buttons, sounds, interface elements, appearance etc.


You are not allowed to integrate or interconnect the SOFTWARE with a third party solution, hardware or software, without NOBELCOM's previously written agreement. However, if You choose to do so, NOBELCOM shall not be liable in any way with regard to the SOFTWARE operation and/or performance and shall have the right to ask You to immediately cease any such action, to delete/uninstall/remove any copies of the SOFTWARE and/or to return such copies.


NOBELCOM and/or its licensors/licensees have exclusive property rights over any and all IP rights in relation to the SOFTWARE and such rights shall remain the exclusive property of NOBELCOM and or its licensors/licensees. Agreeing to the terms and conditions of this Agreement does not mean that any IP rights, in property of NOBELCOM, shall be transferred, assigned, leased, sold, distributed, rented or transmitted in any way to You or any of Your affiliates.


By accepting the above mentioned terms and conditions You also agree to restrict access to the SOFTWARE, if such SOFTWARE is installed on Your System and if such System might be accessed by other users. You also agree to take reasonable measures in restricting access to the SOFTWARE to any potential users that do not agree to the present terms and conditions or do not meet the requirements established by law or by the provisions of the present agreement. However, in case such users obtain access to the SOFTWARE, You agree that You shall take reasonable measures, under the extent permitted by applicable law, to ensure that their access ceases immediately.


III. RIGHTS AND DUTIES. EXPECTATIONS. EMERGENCY SERVICES


The intended purpose of the NOBELCOM SOFTWARE is to interconnect people and to facilitate telecommunication services using Telecommunication Internet Protocols. You shall use reasonable measures to ensure that You use the SOFTWARE only for the intended purpose.


In order to use the SOFTWARE You have to first download and then install it onto Your SYSTEM. NOBELCOM does not guarantee that the download or installation shall be fast, trouble free or easy to perform. Considering that the software is available for download in multiple countries and on multiple hardware configurations, You understand that performing any of the above-mentioned operations might not fit Your particular demands.


After installing the SOFTWARE You will have the possibility to log in to Your account and to use the communication services provided by NOBELCOM at the rates set forth on the Website. This however, does not guarantee that You shall benefit from undelayed, uninterrupted, error-free, lag-free, bug-free or otherwise flawless telecommunication services or SOFTWARE use.


Please be aware that the SOFTWARE requires hardware and software resources in order to run. Therefore, it is possible that the SOFTWARE shall use Your SYSTEM resources including: processing power, memory use, storage space, audio resources, bandwidth of Your internet connection and/or other component resources. NOBELCOM shall take reasonable measures in order to limit the resource consumption of the SOFTWARE. However, please take into consideration that NOBELCOM does not provide any guarantees in this regard. Moreover, depending on Your SYSTEM configuration, You might experience slow-downs, lag, processing, network speed or battery-life decrease as well as any other similar performance degrading effects. NOBELCOM does not provide any guarantees in this regard and You hereby explicitly accept to waive any related present or future demands.


When using the NOBELCOM SOFTWARE You will get in touch with other people. Please take into consideration that the content of the conversations and/or the packets sent or received is not the responsibility of NOBELCOM. Therefore, You might be exposed to content that is unsuitable for minors, offensive, indecent, obnoxious or otherwise insulting or to packets that are harmful to the SOFTWARE or to Your System. You therefore acknowledge and agree that NOBELCOM shall not be held responsible in any way in case such event occurs and that You might seek injunction only with regard to the third party that is responsible for sending the message and/or harmful packets.


Lawful purposes: You shall use the SOFTWARE solely for lawful purposes. You may not, without limitation (a) intercept or monitor, damage, or modify any communication that is not intended for You; (b) use any type of spider, virus, worm, Trojan, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the SOFTWARE or the communication; (c) send any unsolicited communication not permitted by applicable law (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) use the NOBELCOM Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) use (including as part of your user name) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;


The SOFTWARE is subject to changes, patches, fixes, updates or new versions, without prior notice at the sole discretion of NOBELCOM.


Some parts of the SOFTWARE or its programming code might be furnished by third party providers. These third party providers will not be liable for any inaccuracies or defects in the SOFTWARE and You shall be bound to avoid infringing any and all of such third party rights.


The United States government polices and controls the export of products and information, including, but not limited to, software. You must comply with restrictions placed on products and information by the United States government and not export or re-export the Content, Information, Service, Products, Software, or Demonstrations to countries or persons prohibited under the export control laws. By downloading the Content, Information, Service, Products, Software, or Demonstrations, You are agreeing that You are not in a country to which such export of products and information is prohibited. By downloading the Content, Information, Service, Products, Software, or Demonstrations, You are also agreeing that You are not a person or entity to which such export of products and information is prohibited. You are solely responsible for complying with all laws of Your local jurisdiction, as well as laws of the jurisdictions in which the information travels through to got to You, regarding the import, export, or re-export of the Content, Information, Service, Products, Software, or Demonstrations.


EMERGENCY SERVICES SPECIFIC DISCLAIMER


The NOBELCOM SOFTWARE does not offer the same services as a traditional land line, cellular phone or other type of PC independent phone. Furthermore, NOBELCOM is not required by any enforceable law to provide access to emergency services. Therefore, NOBELCOM SOFTWARE does not provide and is not intended to provide access to emergency calls carried out to any type of Medical Service (including hospitals, first aid posts, clinics, medical care units etc.) or to any type of Law Enforcement Authorities or other Agencies or Authorities that provide Emergency Services.


However, please be advised that using the NOBELCOM Software does not exclude Your responsibility, right, duty and/or possibility to purchase some type of telecommunication device that provides access to Emergency Services. Furthermore, NOBELCOM recommends having an alternative communications method at Your disposal for cases of emergency.


IV. DISCLAIMER OF WARRANTIES


THE SOFTWARE, AS WELL AS OTHER RELATED CONTENT AND/OR USER CONTENT THEREOF, ARE PROVIDED BY NOBELCOM ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOBELCOM DOES NOT WARRANT, CLAIM, IMPLY OR REPRESENT, DIRECTLY OR INDIRECTLY, THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED SERVICES AND/OR PERFECT CALL QUALITY, ERROR OR VIRUS-FREE USE OF SOFTWARE/SERVICES, perfect or undiminished SOFTWARE/SYSTEM PERFORMANCE, SECURE/PACKET-LOSS FREE, UNINTERRUPTED OR UNDELAYED COMMUNICATIONS.


BEFORE USING THE SOFTWARE PLEASE MAKE SURE THAT YOUR SYSTEM MEETS THE MINIMUM HARDWARE REQUIREMENTS. WHEN DOWNLOADING, INSTALLING OR USING THE SOFTWARE PLEASE HAVE AN ANTI-VIRUS APPLICATION ACTIVATED AND RUNNING IN THE BACKGROUND. DUE TO THE FACT THAT THE SOFTWARE MIGHT BE AVAILABLE FOR DOWNLOAD FROM MULTIPLE SOURCES, WITH OR WITHOUT NOBELCOM'S APPROVAL, NOBELCOM SPECIFICALLY DOES NOT WARRANT OR CLAIM THAT THE APPLICATION SHALL BE FREE OF ANY VIRUS, ERROR, MALWARE, SPYWARE, ADWARE (INCLUDING WORMS, TROJANS, KEYLOGGERS ETC.) OR ANY OTHER FORMS OF MALICIOUS CODE.


NOBELCOM RESERVES THE RIGHT TO MODIFY, SUSPEND, REVISE, PATCH OR UPDATE THE SOFTWARE OR WITHDRAW ACCESS TO IT AT ANY TIME WITHOUT PRIOR NOTICE. NOBELCOM EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION: WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES OR THE SOFTWARE. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE SOFTWARE SERVICES IS AT YOUR SOLE RISK.


IN NO EVENT SHALL NOBELCOM OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR 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, MISUSE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE END USER LICENSE AGREEMENT.  BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


YOU UNDERSTAND AND AGREE THAT ANY CONTENT or information DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE software IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULT FROM THE DOWNLOAD OF SUCH CONTENT OR FROM THE INFORMATION THAT WAS OTHERWISE OBTAINED. NOBELCOM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY ANY CODE SEQUENCES INCLUDED IN THE SOFTWARE.  YOUR USE OF THE SOFTWARE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USING THE SOFTWARE OR THROUGH NOBELCOM, ITS EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.


V. INDEMNIFICATION. LIMITATION OF LIABILITY


YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NOBELCOM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ALL LIABILITIES, ASSESSMENTS, LOSSES, COSTS OR DAMAGES RESULTING FROM OR ARISING OUT OF: I) YOUR BREACH OF THIS AGREEMENT OR ANY APPLICABLE TERMS AND CONDITIONS, PRIVACY POLICY OR API TERMS OF USE; II) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, OTHER RIGHTS OR PRIVACY OF A THIRD PARTY.


UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOBELCOM OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO THE SOFTWARE USERS OR TO ANY OTHER INDIVIDUALS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SOFTWARE OR FOR ANY INFORMATION OBTAINED BY MEANS OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED OR UNAUTHORIZED REPRESENTATIVE OF NOBELCOM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.


VI. AGREEMENT DURATION, SUSPENSION AND TERMINATION


The present agreement is effective as of 2010 and is valid until further notice. NOBELCOM reserves the right to change, amend or remove the website or the software-included version of the agreement, from time to time, at its sole discretion.


NOBELCOM shall not be restricted in any way regarding the update or translation of the AGREEMENT. Any future changes or amendments shall become effective upon posting a notification on the website and you agree to be bound to any and all of the changes when you shall further use the software.


NOBELCOM may, at its sole discretion, suspend, terminate or alter the ability to use the software and/or its services. Moreover, NOBELCOM may, at its sole discretion, suspend any services related to the software or that render the software usable.


NOBELCOM reserves the right, in its sole discretion, with immediate effects, and without any liability whatsoever, to request that you immediately return the software, uninstall it, delete it entirely or portions of thereof, terminate your account and/or restrict your access to your account, software and/or any part of the software, or ask you to destroy/delete any copies of the software, without prior notice. You may also, at any time, change or close your account, uninstall, delete or remove in any way the software. If You choose to do so, please be aware that You will no longer have access to the SOFTWARE and/or its services. In the event of termination, all or part of the provisions contained hereinafter and hereinbefore shall survive such termination, remaining unaffected.


VII. JURISDICTION. APPLICABLE LAW


By accepting this Agreement, You agree that the exclusive jurisdiction for any and all disputes with NOBELCOM resides in the federal court for the Southern District of New York, USA and You further agree and expressly consent to the exercise of personal jurisdiction in the Southern District of New York, USA in connection with any such dispute including any claim involving NOBELCOM, its employees, officers, and directors.


The Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.


VIII. COMPLAINT POLICY


Any complaint regarding but not limited to the SOFTWARE or the services it provides or facilitates access to, shall be addressed exclusively in writing either by e-mail at help@nobelcom.com or by post to the following address: Nobel, Ltd. Legal Department Nobel, LTD. Post Office 9 Bucharest, PO Box 17, Romania.


Normally we will address the issue privately, by means of e-mail or post. However, if Your issues might concern other users as well, then we might post our answer on the NOBELCOM website. Notwithstanding any of these alternative answering methods an answer to your complaint shall be provided in no more than 30 (thirty) days.


If Your complaint addresses any kind of rights infringement, copyright claims, patent claims, liability or indemnification issues or any similar topic then we will accept complaints only if they are addressed in writing to the following postal address: Nobel, LTD. Post Office 9 Bucharest, PO Box 17, Romania. In order to be accepted, this type of complaint shall have to comply with the following rules:


  1. shall be sent in no more than 30 (thirty) days starting the date when You noticed the infringement or claimed issue;
  2. shall be signed and dated by the plaintiff/claimant/petitioner or by an authorized representative of such individual or entity;
  3. shall be sent by postal services using any form of receive or delivery confirmation;
  4. shall include: plaintiff/claimant/petitioner name and surname, identification details, address, phone and/or other appropriate contact details;
  5. shall have a full description of the alleged infringement or claimed issue, the date and (if possible) hour when it occurred or when it was noticed;
  6. shall indicate a valid postal address in order for NOBELCOM to address the complaint in writing;

Any complaints that abide to the rules stated above shall be treated accordingly and shall be answered in writing in no more than 30 (thirty) calendar days.


NOBELCOM reserves the right to dismiss complaints that do not comply with the rules described above.


IX. FINAL PROVISIONS


No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision.


Removal of Content: NOBELCOM reserves the right (but shall have no obligation) to decide whether any content that You post complies with this Agreement or any other applicable terms and conditions. NOBELCOM may in its sole discretion remove such content and/or terminate this Agreement and Your account if You post any content that is in breach of this Agreement and/or any Additional Terms at any time and without prior notice to You.


NOBELCOM is not liable for failure or delay in performing an obligation under this Agreement that is due to causes beyond its control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, transportation stoppages or slowdowns or the inability to procure Content, information, service, carriers, Product, Software, or Demonstrations. If any of these causes continue to prevent or delay performance for more than 180 days, You may terminate this Agreement, effective immediately upon notice to NOBELCOM.


The present AGREEMENT is written in English and its provisions shall be interpreted in accordance with the English language. We do not guarantee that the present agreement shall be translated into Your native language. In case of dispute, litigation, arbitration or any similar process or proceeding, the English language shall prevail. If Your native language is not English please seek an authorized specialist to help You with the translation. We do not encourage and/or accept as a functional translation the one obtained by means of translation software.


If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the User Agreement, which shall remain in full force and effect.


These provisions constitute the entire Agreement between You and NOBELCOM with respect to the use of the SOFTWARE.


NOBELCOM shall have the right to assign the AGREEMENT or its rights and obligations referred herein to a third party without Your prior written consent, but may not be assigned by You without NOBELCOM'S prior written consent.


By accepting the present agreement you represent and warrant that you are fully authorized to enter into contract and be in full compliance with the terms and conditions of this Agreement. Furthermore, you warrant and represent that you shall at any and all times abide by the terms, duties, obligations and/or covenants as well as applicable law, regulations and/or guidelines that apply to the use of software, services and/or website.