legal

Nucleus IP Limited General Web Site User Terms and Conditions

Access to and use of any part of the http://www.nucleus-ip.com web site (the “Web Site”) is provided by Nucleus IP Limited, 10 St. Bride Street, London, EC4A 4AD (“Nucleus IP”) to you (the “User”) subject to the following terms and conditions (the “Terms and Conditions”).

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTED IN FULL, YOU DO NOT HAVE PERMISSION TO ACCESS THE CONTENTS OF THE WEB SITE AND MUST CEASE USING THE WEB SITE IMMEDIATELY.

By using the Web Site the User indicates its agreement to be bound by these Terms and Conditions. The User also agrees to be bound, as appropriate, by the terms and conditions of the other documents which govern the User’s use of the Web Site, including the Privacy Policy, the Conditions of Use of the Remote Access Database and the Special Terms relating to the Use of the Remote Access Database and the expression “Terms and Conditions” shall be deemed to include these other materials where applicable.

The User further agrees that he has read and understood the Terms and Conditions.

Nucleus IP may agree with the User additional terms of usage of any part of the Web Site. The User agrees to comply with the obligations on it arising from such terms.

Further information

Should you require any further information relating to the content of this Web Site, or have any enquiry relating to the use of the Content, please email info@nucleus-ip.com. Changes to the Web Site The User acknowledges and accepts that Nucleus IP may from time to time alter any aspect of the Web Site, or any of the services or products provided through the Web Site, as it thinks fit and without notice to the User. Further, Nucleus IP may alter the Terms and Conditions at any time without notice. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.

Downtime

The User acknowledges and accepts that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the Web Site is not available to the User) for the purposes of repair, maintenance and upgrading or otherwise.

Accordingly, Nucleus IP does not guarantee uninterrupted availability of the Web Site, but it shall make reasonable efforts to minimise any periods during which the Web Site is not available. The User accepts that it shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.

User Conduct

The User warrants that in its use of the Web Site it shall:-

(a) use the Web Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Web Site by, any third party;

(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;

(c) without prejudice to the generality of paragraph (b) above, not upload, post, transmit or distribute any material or information in which the User does not own the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially or ethnically or otherwise objectionable; and

(d) not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the Web Site or of other Users’ computer systems.

Disclaimer

The contents of the Web Site (the “Contents”) including for the avoidance of doubt any guidance notes, newsletters and other content capable of being downloaded and viewed independently from the Website, are provided to the User by way of general, background information only. The User should not rely on the accuracy of any part of the Contents nor should the Contents be considered legal advice. Accordingly, to the maximum extent permitted by law, Nucleus IP assumes no responsibility and accepts no liability for any reliance placed by the User or any third party on the Contents.

It is Nucleus IP’s policy to use current virus checking software to ‘virus check’ documents and files before they are uploaded onto the Web Site but cannot guarantee that documents or files downloaded from the Web Site will be virus free. Accordingly, the User is responsible for conducting its own virus checks on any document or file which is downloaded from the Web Site. Nucleus IP accepts no liability for any damage to the User’s computer system arising from the transfer of any virus.

Without prejudice to the foregoing generality, Nucleus IP hereby excludes, insofar as permitted by law, all warranties and representations, express or implied, in respect of any of the Contents, including but not limited to any information, names, images, pictures, logos and icons forming part of them, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or any law, compatibility, security and accuracy. The User accepts and acknowledges that Nucleus IP, its officers, employees, agents, representatives of any sort, and advisers shall not in any way be liable for any damage, loss, costs or expenses arising directly or indirectly from the User’s or any third party’s reliance, viewing or downloading of any of the Contents from the Web Site, or its reliance on or use of any of the Contents for any purpose.

Hypertext Links

The Web Site and its Contents may at points incorporate links to the web sites and services of third parties. Such links are provided for the User’s convenience only, and their provision does not constitute an authorisation by Nucleus IP to the User to access such third party web sites, nor an endorsement of the content of such third party web sites by Nucleus IP.

The User acknowledges and accepts that Nucleus IP is not, and shall not be held responsible for, any damages, loss, costs or expenses arising from the use of such third party web sites, or products or services available through such third party web sites.

Copyright

Except where expressly indicated otherwise, copyright in all of the Contents of the Web Site belongs to Nucleus IP.

Notwithstanding the foregoing, Nucleus IP hereby authorises the User to:-

(a) view and display the Contents; and

(b) download the Contents and store them in its computer (for example in the browser’s cache) and print a single copy of the Contents; on the condition that there is no alteration of the Contents by the User and such activities are not utilised for commercial gain.

Save to the extent expressly permitted under the Terms and Conditions, the Content (including any downloaded Content) may not be modified, adapted, reproduced, forwarded, transmitted, used for training purposes or otherwise made available by the User in whole or in part to any third party without the express prior consent of Nucleus IP.

The User agrees that it will not claim authorship of the Contents.

Trade Marks

The names and logos on the Web Site identifying Nucleus IP and/or any third party and their products and services are either

(a) proprietary marks of Nucleus IP,

(b) proprietary marks of third parties and/or

(c) marks which Nucleus IP is licensed or authorised to use, and nothing in these Terms and Conditions shall confer on the User any licence of or other authorisation to use any such mark or any other intellectual property right of Nucleus IP or third party, subject always to the above provisions relating to copyright.

Termination

Nucleus IP reserves the right to terminate forthwith, or to refuse to permit, the use of the Web Site by any User, at any time and at Nucleus IP’s absolute discretion.

General

Subject to the express agreement of any additional terms of usage between Nucleus IP and the User, these Terms and Conditions, constitute the entire agreement of the parties in relation the use of the Web Site, and these Terms and Conditions supersede any other agreements between the parties in this matter.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be deemed modified as may be necessary to make it valid and enforceable, and if this is not possible, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

The rights of Nucleus IP and the User under these Terms and Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party’s rights under the general law, and may be waived only in writing.

No Waiver

Failure by either party to exercise and enforce any rights conferred by these Terms and Conditions shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof or any right on any later occasion. Delay in exercising or non-exercise of any right is not a waiver of that right.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising herefrom shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.