Terms & Conditions

Terms of Use

Welcome to the TNO DIANA BV ("DIANA") website. The following terms and conditions control your use of this website. By accessing, using or downloading materials from this website, you agree to follow and be bound by these Terms. If you do not agree with the Terms, please do not use this website.

On this website DIANA provides access to a variety of resources, including product descriptions and documentation, licensing information and, for licensees of DIANA products, technical support, software, and discussion groups.

In these Terms of Use an "DIANA Licensee" is a person who is authorized to use DIANA software under the terms of a software license agreement between DIANA and the business or academic entity with which such person is associated.

 

USE OF WEBSITE MATERIALS

General: You may view, download, print, and copy materials from this website on condition that:

Use of such materials, including downloadable software is for your informational and non-commercial or personal use. If you are a DIANA Licensee, materials may be distributed and used with DIANA software products within your licensed business or academic entity as permitted by the software license agreement between DIANA and your business or academic entity. Some materials available from this website or through links to other sites may be accompanied by special or third-party license terms that impose different or additional restrictions.

You may not modify materials in any way or reproduce or publicly display, perform, distribute or otherwise use the materials for any public or commercial purpose.

You must retain, on all copies of materials downloaded, all copyright and other proprietary notices contained in the materials.  You may not use, download, export or re-export any material at this website in violation of applicable laws and regulations, including United States export laws and regulations.

Requests to use materials from this website other than as permitted by these Terms of Use should be sent to: sales@tnodiana.com

This website and materials available on this website are protected by copyright, trademark, patent and other intellectual property rights laws and treaty provisions whether or not a copyright or other notice appears on the materials.

ALL MATERIALS, INCLUDING SOFTWARE, ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY, EXCEPT AS TO THOSE EXPRESS WARRANTIES EXTENDED TO DIANA LICENSEES UNDER APPLICABLE SOFTWARE LICENSE AGREEMENTS.  ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.
 
IN NO EVENT SHALL DIANA OR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGE (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) EVEN IF DIANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
LIMITATION OF LIABILITY: DIANA WILL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR DOWNLOADING THE MATERIALS ON THIS WEBSITE.
 
YOU AGREE TO HOLD DIANA HARMLESS FROM, AND YOU AGREE NOT TO SUE DIANA FOR, ANY CLAIMS ARISING FROM USE OF THIS WEBSITE.
 
 
 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you agree not to use the website for any purpose that is unlawful or prohibited by these Terms. You may not use this website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party's use and enjoyment of this website.  You may not attempt to gain unauthorized access to any part of this website, any materials, other accounts, computer systems or networks connected to any DIANA server.

 

MATERIALS PROVIDED TO THE DIANA WEBSITE

DIANA does not claim ownership of any materials you provide to DIANA (including feedback and suggestions) or that you post, upload, input, or submit to this website for review or use by DIANA or other users of this website (each a "Submission" and collectively "Submissions").  However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting DIANA, its affiliated companies and sub-licensees permission to use your Submission, including, without limitation, the perpetual, royalty-free, non-exclusive right and license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights.

No compensation will be paid with respect to the use of your Submission.  DIANA is under no obligation to post or use any Submission, and DIANA may remove any Submission at any time in its sole discretion.

By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, (i) all the rights necessary for you to provide, post, upload, input, or submit the Submissions and to license DIANA as provided in these Terms and (ii) all requisite authority from, or to act for, your employer if you prepared your submission in the course of your commercial employment.  In addition, you warrant and represent that you have waived all "moral rights" that might adversely affect the grant of the foregoing rights and license.

 

LOCAL LAWS; EXPORT CONTROL

You may not access, use, download, or export any materials contained on this website in violation of the U.S. export laws or regulations or in violation of any local laws or regulations.

DIANA operates this website from its headquarters in the Netherlands and makes no representation that these materials are appropriate or available for use in other locations.  If you use this website from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries.  The countries subject to restriction by action of the Dutch Government are subject to change, and it is your responsibility to comply with the Dutch Government requirements as they may be amended from time to time and to obtain licenses to export or re-export as may be required. You shall indemnify, defend and hold DIANA harmless for any breach of your obligations pursuant to this paragraph.

 

THIRD-PARTY CONTENT DISCLAIMER

DIANA has not independently authenticated materials provided by third-party providers in whole or in part. DIANA does not provide, sell, license or lease any of the materials other than those specifically identified as being provided by DIANA. DIANA makes no warranty or representation with respect to any third-party materials.

 

THIRD PARTY LINKS

LINKED SITES ARE NOT UNDER DIANA’s CONTROL, AND DIANA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN ANY LINKED SITE. The inclusion of a "link" to another site does not constitute an endorsement by DIANA of the linked site or its sponsor, and DIANA does not purport to grant any rights in respect of the linked site or any materials on the linked site.

 

COPYRIGHT NOTICE:

Copyright © 2003-2012 TNO DIANA BV., Delftechpark 19a, 2628 XJ, Delft, The Netherlands. All rights reserved.