PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The Nextsoft Infotech (P) Ltd. Web site (the "Site"), including but not limited to www.nextsoft.co.in and its affiliated sites, provides an online resource for health care professionals.
These terms may be changed from time to time and without further notice. Your continued use of the site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, please do not use the Site or download materials from it.
Nextsoft Infotech (P) Ltd., may terminate, change, suspend or discontinue any aspect of the Site,including the availability of any features, at any time. Nextsoft may remove, modify or otherwise change any content, including that of third parties, on or from this Site. Nextsoft may impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
Nextsoft may terminate your use of the Site at any time in its sole discretion.These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with Nextsoft or its parents, subsidiaries or affiliates.
1. Proprietary Rights.
Copyrights. All content on this Site, including but not limited to design, text, software, technical
drawings, configurations, graphics, other files, and their selection and arrangement ("Content"), are
either Copyright © 2011 Nextsoft Infotech (P) Ltd. or are the proprietary property of Nextsoft's affiliates
or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed,
reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any
means, in whole or in part, without Nextsoft's prior written permission, except that you may download
and print content for uses that are not competitive with or derogatory to Nextsoft, provided that you
keep all copyright or other proprietary notices intact. Please note that this limited consent may be
revoked at any time and does not include consent to republish Content on any Internet, Intranet or
Extranet site or to incorporate the information in any other database or compilation. Any other use of
the Content is strictly prohibited. You further agree that you will not systematically extract, collect or
harvest, through electronic means or otherwise, any data or data fields from this Site, including but not
limited to customer identities. If you believe that your copyrighted material has been improperly used
on this Site, please contact our Copyright Agent or see our Copyright Policy for more information.
Trademarks. All trademarks on the Site are either trademarks or registered trademarks of Nextsoft or its
affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior
written permission of Nextsoft. All page headers, custom graphics, button icons, and scripts are service
marks, trademarks and/or trade dress of Nextsoft or its affiliates, and may not be copied, imitated, or
used, in whole or in part, without the prior written permission of Nextsoft. Other trademarks, registered
trademarks, product names, and company names or logos displayed on the Site are the property of their
Patents. Nextsoft's products and processes are covered by one or more patents and are subject to other
trade secret and proprietary rights. Nextsoft reserves all such rights. No transfer or grant of rights under
upon such rights or decompile, reverse engineer, or disassemble any of Nextsoft's products or
Software. Any software, including any files, images generated by the software, code, and data
accompanying the software (collectively, "Software"), used or accessible through this Site may be used
by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that
such uses are not competitive with or derogatory to Nextsoft. Nextsoft retains full and complete title to
and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify,
decompile, reverse engineer, disassemble or create derivative works from any Software.
2. User Conduct - General
In using this Site, you agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system
resources, accounts, servers or networks connected to or accessible through the Site or affiliated or
linked Web sites.
(b) not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web
(c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful,
disruptive or destructive files.
(d) not to use or attempt to use another's account, service or system without authorization from
Nextsoft, or create or use a false identity on this Site.
(e) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited
mass email to people or entities who have not agreed to be part of such mailings.
(f) not to divulge your username and password to others either on or off the Site.
(g) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted
from general access.
(h) not use this Site to seek, provide or obtain specific medical advice, medical opinion, diagnosis or
treatment as applied to a patients particular condition or situation.
In addition, you agree that you are solely responsible for actions and communications undertaken or
transmitted under your account, and that you will comply with all applicable local, state, national and
international laws and regulations, including but not limited to India export restrictions, that relate to
your use of or activities on this Site. This Site is controlled and operated in the India. If you are in a
jurisdiction which restricts you from accessing this Site, do not access or use this Site. Nextsoft makes no
representation that the Site is appropriate or available for use outside the India.
3. User Conduct - Online Communities and Other Interactive Areas
The Site contains areas where you may post and share comments with other Site users on a variety of
subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful,
harassing, libelous, tortious, abusive, offensive, threatening, or obscene communications or material of
any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret,
privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable,
including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes
illegal activities, including without limitation unauthorized uses of medical devices, or physical harm
against anyone. Nextsoft reserves the right but not the obligation to remove any materials it deems
objectionable, in its sole discretion and without any reference to you. You agree to hold harmless
Nextsoft and its affiliates and parties with whom Nextsoft has contracted for purposes of hosting or
maintaining this Site from all claims based upon communications made or materials posted by others or
the use by third parties of this Site.
You expressly agree that you will not discuss or refer to any particular patient, any particular patient's
medical condition or any other information which could identify a particular patient You further
expressly agree that you will not discuss, endorse or refer to "off label" uses of medical products,
including any uses which have not been approved by the U.S. Food and Drug Administration or other
applicable regulatory agency.
4. Online Communications On and Through the Site
Except as otherwise provided in section 5 below, you agree that any communications you transmit to
anyone through the Site or copyrighted works you post on the Site, including, without limitation,
questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications,
purchase orders, quotes or requests for quotes, performance data, account information, or other
material, data or information (collectively, "Information"), are non-confidential and upon transmission
of such Information to Nextsoft via email or other means you grant to Nextsoft an irrevocable, nonexclusive,
royalty-free, sublicensable, world wide license (including but not limited to a copyright
license) to use such Information in any media for any purpose.
You acknowledge and agree that Nextsoft may use the data collected in the course of our relationship
for the purposes identified in our PrivacyPolicy, which is incorporated by reference as if fully set forth in
6. Nextsoft Content, Product and Service Information - Limitations
All content available through the Site, including but not limited to data, technical drawings,
configurations, quote and order information, and catalog listings is believed to be accurate. However,
you should independently evaluate the accuracy of the information and the usefulness for your
particular needs of any content, product or service available through the Site. Specifications for products
and services are subject to change without notice, and Nextsoft reserves the right to make changes
without notice to processing, materials, or configuration. Nextsoft does not guarantee that products or
services listed in its online catalog will be available at the time of your order. All information on the Site
is subject to the disclaimers of section 8 below.
7. Links and Third Party Content
Links to Other Web Sites. This Site may from time to time contain links to other Web sites. These links
are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation
by Nextsoft of -- or responsibility for -- the linked Web sites or any content, services or products
available on or through such sites.
Links from Other Web Sites
All links to this Site must be approved in writing by Nextsoft, except that Nextsoft consents to links in
(1) the link is a text-only link containing only the title of the home page of this Site,
(2) the link "points" only to the home page of the Site and not to deeper pages,
(3) the link, when activated by a user, displays this home page of the Site full-screen and not within a
"frame" on the linked Web site, and
(4) the appearance, position, and other aspects of the link does not
create the false appearance that an entity or its activities or products are associated with or
sponsored by Nextsoft or its affiliates, or
be such as to damage or dilute the goodwill associated with the name and trademarks of Nextsoft or
its affiliates. Nextsoft reserves the right to revoke this consent to link at any time in its sole discretion.
Third Party Content. This Site may from time to time contain material, data or information provided,
posted or offered by third parties, including but not limited to advertisements or postings in online
community discussions. You agree that neither Nextsoft nor its affiliates shall have any liability
whatsoever to you for any such third party material, data or information.
THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Nextsoft AND ITS AFFILIATES
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE
DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT Nextsoft DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES
OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING,
Nextsoft AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR
REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF
ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES
DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE. Nextsoft DOES NOT MAKE
ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE
OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF
ANY, WILL BE CORRECTED. NOR DOES Nextsoft MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.
Nextsoft ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM
DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE
CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF Nextsoft, ITS AFFILIATES,
ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED
HEREIN, Nextsoft DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF
INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Nextsoft OR THROUGH THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
9. Fees and Expenses
You agree to pay all fees, expenses, and assessments imposed or levied by Nextsoft for your use of the
Web Site and Materials. The fees, expenses, and assessments payable by you under this Agreement will
be paid at such times as are determined by the Nextsoft. All amounts will be due and payable in USD,
EURO or RUPEE currency within thirty (30) days from the date set by Nextsoft for payment. All dues,
fees and assessments imposed or levied by Nextsoft are nonrefundable and may not be prorated.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Nextsoft OR ITS
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM
OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT
CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR
RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLES, EVEN IF Nextsoft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indian Constitution, without giving effect to its conflict of laws provisions. You agree to submit to the
personal and exclusive jurisdiction of the state or federal courts located within the India.
Other. These terms constitute the entire agreement between you and Nextsoft governing your use of
the Site. Should any provision in these terms be found invalid or unenforceable for any reason, then that
provision shall be deemed severable from the terms and shall not affect the validity or enforceability of
the remaining provisions. You agree that any claim arising out of or related to the terms or your use of
the Site must be filed within one year after it arose or be permanently barred.