Disclaimer

The terms and conditions set forth below (the "Terms") govern your use of the spectrasolutions.nl ("Spectra") website (the "Site") of Spectra Solutions B.V. ("Spectra"). By using the Site, you ("You" and "Your") agree to be bound by (1) the Terms and (2) Spectra' Privacy Policy ("Privacy Policy").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.

If You do not agree with the Terms or Privacy Policy, do not access or otherwise use the Site or any information contained herein.

We reserve the right, at our discretion, to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Site following the posting of changes to these Terms will mean You accept those changes.

Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download from the Site (the "Software") is the copyrighted work of Spectra. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.

Links to Third Party Sites

This Site may be linked to other websites which are not under the control of or maintained by Spectra. Such links do not constitute an endorsement by Spectra of those sites. You acknowledge that Spectra is providing these links to You only as a convenience, and You agree that Spectra is not responsible for the content of those sites.

Privacy Policy

Your use of the Site is governed by the Spectra Privacy Policy.

Your Submissions

The Site permits the submission of content by you and other users and the hosting, sharing and publishing of such submissions. You understand that whether or not such submissions are published, Spectra does not guarantee any confidentiality with respect to any submissions. You agree that any content provided by You in connection with the Site is provided on a non-proprietary, non-exclusive and non-confidential basis. Spectra shall be free to use or disseminate such content on an unrestricted basis for any purpose. You acknowledge that You shall be solely responsible for such content and the consequences of posting or publishing them, including its legality, and You waive any "moral rights" in such content. You may not submit or publish through Spectra any content that is: (a) libellous, defamatory, pornographic, an invasion of privacy, threatening, harassing, ethnically offensive, obscene, abusive, illegal, racist, offensive, harmful to minors or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate, (b) an infringement of any intellectual property rights of a third party or would otherwise violate the privacy or other rights of any third party, (c) advertisements or solicitations of business, (d) falsehoods or misrepresentations that could damage Spectra or any third party, or (e) impersonations of another person. Spectra does not endorse any submission of content or any opinion, recommendation or advice expressed therein, and Spectra expressly disclaims any and all liability in connection with any user submissions.

You agree to indemnify and hold Spectra, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content You submit, post to or transmit through the Site, Your use of the Site, or Your violation of any rights of another person or entity.

Proprietary Rights

Spectra (or its third party providers) retains all title, right, copyright (and any other applicable intellectual property right), and interest in all information, documents, products, software and services provided on this Site (the "Materials"), which are protected by intellectual property laws and international treaty provisions.

LIMITATION OF LIABILITY AND WARRANTY

Except as expressly provided otherwise in a written agreement between You and Spectra, the Materials are provided "AS IS" and without warranties of any kind. To the fullest extent permissible pursuant to applicable law Spectra disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Spectra does not warrant that the Site or the Materials will provide uninterrupted or error-free service, Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You.

Under no circumstances shall Spectra, its affiliates and their respective officers, directors, employees and agents be liable for any special, indirect, incidental, punitive or consequential damages that result from the use of, or the inability to use, the Materials or the Site even if Spectra has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You. No advice or information, whether written or oral, obtained by You from Spectra or from or through the Site shall create any warranty not expressly stated in these Terms.

Specific Disclaimer of Liability for Emergency Services.

Spectra does not provide Emergency Services in conjunction with the spectrasolutions.nl service or any other services. "Emergency Services" are services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements. Neither Spectra nor its officers or employees may be held liable for any claim, damage, or loss, and You hereby waive, to the maximum extent permitted by applicable law, any and all such claims or causes of action, arising from or relating to the use of spectrasolutions.nl or any other service provided hereunder to contact Emergency Services personnel. You shall defend, indemnify, and hold harmless Spectra, Spectra staff, Affiliates and agents and any other service provider who furnishes any services to You in connection with the spectrasolutions.nl service or any other services provided under these Terms of Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, You relating to the absence, failure or outage of the spectrasolutions.nl service or any other service provided hereunder, including specifically any claims arising out of the failure of Spectra to offer Emergency Services.

Alternative Arrangements.

By agreeing to these Terms of Service You acknowledge and accept that Spectra does not offer Emergency Services. You understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, You acknowledge and accept Your responsibility to purchase, separately from spectrasolutions.nl service, traditional wireless or wireline telephone service that offers access to Emergency Services.

No Compulsion to Offer Emergency Services.

You recognize and agree that Spectra is not required to offer Emergency Services pursuant to any applicable local and or national rules, regulation or law. You further recognize that Spectra is not a replacement for Your primary telephone service.

No emergency calls.

You expressly acknowledge and agree that the service provided by Spectra does not and is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and that Spectra is not liable in any manner for such calls. In the event that, with Your permission, another user uses Your account, You are responsible to inform that user that it is not possible to support or carry emergency calls with the spectrasolutions.nl service.

Local Laws; Export Control

You acknowledge that the Materials provided on this Site may be subject to export control laws. You agree to comply with all such laws.

Trademarks

"Spectra", "SpectraSolutions", "Spectra Technology Solutions" and the Spectra logo are trademarks of Spectra. Other product names or service marks mentioned herein may be trademarks or registered trademarks of their respective owners and are hereby acknowledged.

Copyright Policy

Spectra respects the intellectual property of others, and we ask our users to do the same. Spectra may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Spectra's Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that You claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. a description of where the material that You claim is infringing is located on the Site, including the URL;
  4. Your address, telephone number, and email address;
  5. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Spectra's Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By mail: Spectra Technology Solutions B.V., Cellebroerssteeg 2, 1012 KJ Amsterdam, The Netherlands
By email: info@spectrasolutions.nl

Copyright Notice

© 2006-2010 Spectra Technology Solutions B.V.. All rights reserved.

Ability to Accept Terms

You affirm that you are able by law to enter into these Terms, or possess legal parental or guardian consent to enter into these Terms, and to comply with these Terms. You affirm that you are permitted by law and by your contractual arrangements with your phone and other service providers to download the Software and use spectrasolutions.nl and other services.

Termination

These Terms are effective until terminated. Unauthorized copying of the Materials or otherwise failing to comply with these Terms will result in automatic immediate termination of Your right to access the Site and use the Materials and will make available to Spectra's other legal remedies. Upon termination of these Terms, licenses granted under the Site will terminate and You: (i) will cease any and all use of the Software, and (ii) will remove the Software from all hard drives, cellphones, networks and other storage media and destroy all copies of the Software in Your possession or under Your control. The provisions in the paragraphs above labelled PROPRIETARY RIGHTS and LIMITATION OF LIABILITY AND WARRANTY will survive any termination of these Terms.

Miscellaneous

This Site may include inaccuracies, typographical errors or information which is not current. Spectra (or its third party providers) may make improvements, updates and/or changes in the Materials described in this Site, if any, at any time without notice. Such updates and revisions will be supplied according to Spectra's then prevailing policies. These Terms represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. These Terms and the Privacy Policy shall be governed by and construed in accordance with the laws of the Netherlands without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to these Terms shall be filed in courts located in Utrecht, The Netherlands only, and You hereby consent and submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action. If any of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be deleted and construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Spectra to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. These Terms comprise the entire agreement between you and Spectra and supersede all prior or contemporaneous agreements between the parties regarding the subject matter contained herein.

Last modified: January 5th, 2010