NoelEnergy S.R.L., Web Site Terms of Use
- (a) your use shall be limited to your personal informational use,
- (b) the copyright notice and any other applicable proprietary notice shall appear on the marketing materials,
- (c) the marketing materials shall not be modified,
- (d) in its sole discretion, NoelEnergy srl may terminate or revoke such permission to use, download, or print the marketing materials at any time without prior notice and may require you to destroy the marketing materials under your control or in your possession. Notwithstanding the above license grant, authorized NoelEnergy srl dealers are permitted to electronically copy certain eligible marketing materials, such as NoelEnergy srl product brochures and any other materials identified in a separate agreement between NoelEnergy and such NoelEnergy dealer, published on this Site and to make print-outs thereof for the benefit and use by their customers and potential customers, provided that the copyright notice, along with any other applicable proprietary notice, appear on the materials and provided that the materials are not modified.
- (a) sublicense, rent, lease, loan, timeshare, sell, distribute, disclose, publish, assign or transfer any rights in any Content or software available on the Site;
- (b) translate, reverse engineer, decompile or disassemble any Content or any software available on the Site,
- (c) alter or remove any copyright or proprietary rights notices or legends appearing on or in the software, documentation or Content. If you download software from this Site as authorized by NoelEnergy srl from a non-public restricted area of the Site, you agree to be bound by any applicable separate software license agreement between you and NoelEnergy srl or its affiliates or licensors. Unless otherwise agreed, the terms and conditions of the separate software license shall supplement the Terms with respect to the licensed rights in the software and associated documentation and shall supersede the Terms if there is a direct conflict between the Terms and the separate software license. In its sole discretion, NoelEnergy srl can limit or terminate your access to this Site or Content without notice. Cumulative with other restrictions in the Terms, use, duplication, or disclosure of Content by the ROMANIA government, and its agencies, is subject to one or more of the following restrictions:
- (a) limited rights in Content that qualifies as non-commercial technical data,
- (b) restricted rights in Content that represents non-commercial computer programs,
- (c) commercial license terms and conditions in Content that qualifies as commercial items or commercial computer software, in accordance with applicable regulations.
TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES AND EXPENSES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR COPYRIGHT OR TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, DEFAMATION, INVASION OF RIGHTS OF PRIVACY, RIGHTS OF PUBLICITY, INTRUSION, FALSE LIGHT, PUBLIC DISCLOSURE OF PRIVATE FACTS, PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE OR ANY CONTENT ON THE SITE.
NOELENERGY S.R.L. SHALL HAVE NO OBLIGATION OR LIABILITY IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN THE SITE OR USE OF ANY CONTENT, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent authorized under the Terms, any material downloaded, uploaded or otherwise obtained through the use of this Site or software is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or business or loss of data that results from the download or upload of any such material or the use of this Site or software obtained from this Site.
You are solely responsible for the maintaining the confidentiality of any password you may use in accessing a non-public restricted area of this Site and for the use of your password, whether or not authorized by you. You agree to immediately notify NoelEnergy srl of any unauthorized use of your password.
- 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
- 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All copyright infringement notices should be sent to NoelEnergy srl's designated as follows:
NoelEnergy srl
email: office.noelenergy@gmail.com
Unless more specific or detailed agreements or provisions apply to your use, your transactions or your interaction with the Site, the Terms constitute the sole and entire agreement of the parties with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Notwithstanding any language to the contrary and subject to applicable law, the Terms shall incorporate by reference the NoelEnergy srl privacy and data statement (consistent with Section 11) and any applicable financial policies between NoelEnergy srl (or its constituents) for any financial services provided by NoelEnergy srl or its subsidiaries or affiliates. If any use, service, or transaction on this website, requires an account, or a user-name identifier and password, such services or access may be subject to additional terms and conditions that supplement these Terms or that supersede these Terms if there is a direct conflict between the Terms and the additional terms and conditions.
If any term or provision of these Terms are invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Any term or provision that is held to be invalid, illegal or unenforceable by a court of competent jurisdiction shall be severed from the Terms and the remaining terms and provisions shall remain in full force for purposes of the applicable jurisdiction.
To the full extent permitted under applicable law, the Terms are binding on and shall inure to the benefit of the parties hereto and their respective successors, heirs and assigns.
The parties agree that all matters arising out of or relating to the Terms shall be governed by and construed in accordance with the Targu Mures city in the ROMANIA without giving effect to any choice or conflict of law provision or rule (of Targu Mures city). To the maximum extent permitted under applicable law, any claim or cause of action arising under these Terms shall be brought only in the courts located in Targu Mures city in the ROMANIA, and the parties hereby consent to the exclusive jurisdiction of such courts. However, any claim arising under consumer protection laws, including but not limited to class action claims, shall be resolved by arbitration in Targu Mures city in the ROMANIA in accordance with the then-current rules of the ROMANIA by one or more arbitrators appointed in accordance with the above rules. Any award rendered in the arbitration proceeding will be final and binding upon the parties. Any judgment or award of the arbitration may be entered in and enforced in any court of competent jurisdiction. You agree not to institute any claims against the NoelEnergy srl Parties except as provided expressly in the Terms.