PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE APP OR SITE.
INTELLECTUAL PROPERTY RIGHTS
Content and Marks. The (i) content on the App, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the 'Materials'), (ii) and User Submissions, as defined below (together with the Materials, the 'Content'), and (iii) the trademarks, service marks and logos contained therein ('Marks'), are the property of NI and/or its licensors and are protected by applicable copyright or other intellectual property laws and treaties. The App, the App logo, and other marks are Marks of NI or its affiliates. All other trademarks, service marks, and logos used on the App are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the App and the Content. Use of Content. Content on the App is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, reverse engineered, or otherwise exploited for any other purposes whatsoever (including, without limitation, to create derivative works) without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
THIRD PARTY SOURCES AND CONTENT
Responsibility. The App may permit the submission, hosting, sharing and publishing of Content by you and other users ('User Submissions'). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize the App to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the App and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. 'Intellectual Property Rights' means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions. License to User Submissions. By submitting the User Submissions to NI, you hereby grant NI a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the App and NI business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the App or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms. Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a persons safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent. Exposure. You understand and acknowledge that when accessing and using the App: (i) you will be exposed to User Submissions from a variety of sources, and that NI is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against NI with respect to (i) and (ii) herein. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the App, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the App Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of NI, its users or the public.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NI SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF NI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NI FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APP EXCEED THE TOTAL AMOUNT OF US$1,000. **Indemnity.**You agree to defend, indemnify and hold harmless NI and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the App; (ii) your User Submissions; (iii) your interaction with any App user; or (iv) your violation of these Terms. Term and Termination. These Terms are effective until terminated by NI or you. NI, in its sole discretion, has the right to terminate these Terms and/or your access to the App, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). NI shall not be liable to you or any third party for termination of the App, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App. Upon termination of these Terms, you shall cease all use of the App. This Section 15and Sections 5 (Intellectual Property Rights), 7.3 (License to User Submissions), 1(Privacy), 12(Warranty Disclaimers), 13(Limitation of Liability), 4(Indemnity), and 16(Independent Contractors) to 18(General) shall survive termination of these Terms. Independent Contractors. You and NI are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and NI. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of NI. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by NI without restriction or notification to you. General. NI reserves the right to discontinue or modify any aspect of the App at any time. These Terms and the relationship between you and NI shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that NI may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and NI concerning the App. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.