TERMS AND CONDITIONS
GOVERNING THE USE OF NK.COM WEB SITE
Introduction
Welcome
to the Nk.com web site. This web
site has been designed to provide general information about Syngenta and its
products and services. You may use this
web site, provided you comply with these terms and conditions.
Your Acceptance of These
Terms and Conditions
Please
take a few minutes to carefully review these terms and conditions. By accessing and using this web site you
agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound
by these terms and conditions, you may not access, use or download materials
from this web site.
These Terms and Conditions
May Change
Syngenta
reserves the right to update or modify these terms and conditions at any time
without prior notice. Your use of this
web site following any such change constitutes your agreement to follow and be
bound by the terms and conditions as changed.
For this reason, we encourage you to review these terms and conditions
every time you use this web site. These
terms and conditions were last revised on November 13, 2000.
Copyright Notice and Limited
License
Everything
you see and hear on this web site (the “Content”), including, for example, all
of the text, photographs, illustrations, graphics, audio clips, video clips,
and audio-video clips, is copyrighted under United States law and applicable
international copyright laws and treaty provisions. The copyrights in the Content are owned by Syngenta Corporation
or by one of its affiliates, or by third parties who have licensed their
materials to Syngenta. The entire
Content of this site is copyrighted as a collective work under United States
law and applicable international copyright laws and treaties, and Syngenta owns
the copyright in the selection, coordination, arrangement and enhancement of
the Content.
You
may download, store, print, and copy selected portions of the Content of this
site, provided you:
(1) only use the Content you download for your personal,
noncommercial use or to further your business dealings with Syngenta;
(2) you do not publish or post any part of the Content on any
other Internet site;
(3) you do not publish or broadcast any part of the Content in or
on any other media;
(4) you do not modify or alter the Content in any way or delete or
modify any copyright or trademark notices or notices of confidentiality.
Except
as expressly stated above, you may not copy, download, print, publish, display,
perform, distribute, transmit, transfer, translate, modify, add to, update,
compile, abridge or in any other way transform or adapt all or any part of the
Content of this site without first obtaining written permission from
Syngenta.
Except as expressly stated above, no right, title or
interest in the downloaded Content is transferred to you when you download
Content from this site. Except for the
limited, non-exclusive license expressly granted above, nothing contained in
these terms and conditions or on this web site shall be construed as conferring
a license, be it by implication, estoppel or otherwise, or any other right
under any copyright, trademark, patent, or other intellectual property right of
Syngenta or any third party.
Trademark Notice
All
of the trademarks, service marks and logos displayed on this web site (the
“Trademark(s)”) are registered and unregistered trademarks of Syngenta, one of
its affiliates, or third parties who have licensed their Trademarks to Syngenta
or one of its affiliates.
Except
as expressly stated in these terms and conditions, you may not reproduce,
display or otherwise use any Trademark without first obtaining Syngenta’s
written permission.
Unsolicited Ideas
Syngenta
welcomes your comments and feedback regarding this web site. All information and materials submitted to
Syngenta through this web site, such as any comments, feedback, ideas,
questions, designs, data or the like, will be considered NON-CONFIDENTIAL and
NON-PROPRIETARY. For this reason, we
ask that you not send us any information or materials that you do not wish to
assign to us, including, without limitation, any confidential information or
any original creative materials such as product ideas, computer code, or
original artwork.
By
submitting communications and/or materials to Syngenta through this web site,
you assign to Syngenta, free of charge, all worldwide rights, title and
interest in all copyrights and other intellectual property rights in the
information and/or materials you submit.
Syngenta will be entitled to use any information and/or materials you
submit through this web site, and any ideas, concepts, know-how or techniques
contained in any such information and/or materials, for any purpose whatsoever,
included but not limited to developing, manufacturing and marketing products
using such information or materials without restriction and without
compensating you in any way.
However,
Syngenta will not use any information or materials you submit through this web
site in a way that violates applicable privacy laws. In particular, Syngenta will not release your name or otherwise
publicize the fact that you submitted information or materials to us unless:
(a) we obtain your permission to use your name; or (b) we first notify you that
the materials or other information you submit to a particular part of this site
will be published or otherwise used with your name on it; or (c) we are
required to do so by law.
You
are responsible for the information and other content contained in any
communications you submit through this web site, including, without limitation,
their truthfulness and accuracy.
Third-Party Information
Some
of the information, articles and other materials available through this site
are provided to Syngenta by
third-parties, including third-party news and stock quotation services. Wherever practical, in our opinion, the
source of these third-party materials is identified. These third-party materials are provided for your interest and
convenience only. Syngenta does not
endorse these materials or the vendors who supply them to us, nor does Syngenta
warrant or represent that these materials are current, accurate, complete or
reliable.
Links to Other Web Sites
This
site contains hyperlinks to web sites that are not operated by Syngenta. These hyperlinks are provided for your
reference and convenience only, and do not imply any endorsement of the
material on these third-party web sites or any association with their
operators. Syngenta does not control
these web sites and is not responsible for their contents. You access and use these web sites solely at
your own risk.
Product Information
Any
information contained or referenced in this web site is suitable only and is not to be construed other than as an
introduction to Syngenta and its products and services. For specific advice and
instructions related to our products and services, please contact Syngenta
directly.
Persons intending to use a crop protection or seed
product must read and follow the label accompanying that product and comply
with all applicable laws and regulations relating to the use of that
product. Before using any crop
protection product, be sure that it is registered for use in your country.
Global Availability
Because different countries around the world have
different laws and regulatory requirements, some products are available in some
countries and not in others.
This
site contains references or cross references to Syngenta products, programs and
services that may not available or announced in your country. These references do not imply that Syngenta
intends to announce such products, programs or services in your country. Consult your local Syngenta sales
representative or contact Syngenta if you have questions about which
products, programs and services may be available to you.
Right to Alter Web Site
SYNGENTA RESERVES the
right to alter the content and functionality of this web site in any way, or to
limit access to this web site, or to shut down this web site, at any time, for
any reason, without prior notification, and will not be liable in any way for
possible consequences of such changes.
Not An Offer or Invitation
to Invest
The
information on this web site does not constitute and shall not be deemed as an
offer or invitation to invest or otherwise deal in shares or other securities
of Syngenta.
Forward-Looking
Statements
Our website may contain forward-looking statements – i.e., statements not of
historical fact, including statements about our beliefs and expectations. These statements are based on current plans,
estimates and projections, and therefore readers should not place undue
reliance on them. These statements
involve inherent risks and uncertainties, many of which are outside of Syngenta’s
control. In our filings with the U.S.
Securities and Exchange Commission, we have identified certain factors that may
cause actual results to differ materially from those contained in these
forward-looking statements.
Forward-looking statements speak only as of the date they are made, and we
undertake no obligation to update any of them in light of new information or
future events.
DISCLAIMER OF
WARRANTIES
THIS
WEB SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF
ANY KIND. TO THE FULLEST EXTENT
POSSIBLE PURSUANT TO APPLICABLE LAW, SYNGENTA AND ITS AFFILIATES DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, SYNGENTA DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE
UNINTERRUPTED OR ERROR FREE. SYNGENTA
DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES,
WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE
PROPERTIES. ALTHOUGH SYNGENTA HAS MADE
AND WILL CONTINUE TO MAKE GREAT EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE
INFORMATION, INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR
OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. SYNGENTA DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY
OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY
INFORMATION PUBLISHED ON THIS WEB SITE.
LIMITATION OF
LIABILITY
YOUR
USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, SHALL SYNGENTA, ITS AFFILIATES OR ANY OF THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT
OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS
OF, USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY
INFORMATION PROVIDED ON THIS WEB SITE. WITHOUT
LIMITING THE FOREGOING, SYNGENTA SHALL NOT BE LIABLE IN ANY WAY FOR POSSIBLE
ERRORS OR OMISSIONS IN THE CONTENTS OF THIS SITE; THIS APPLIES IN PARTICULAR TO
ANY REFERENCES TO PRODUCTS AND SERVICES SUPPLIED BY SYNGENTA. THIS IS A COMPREHENSIVE LIMITATION OF
LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER,
WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR
PROFITS. THIS LIMITATION OF LIABILITY
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT,
STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF
SYNGENTA OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME
COUNTRIES OR SOME POLITICAL SUBDIVISIONS OF CERTAIN COUNTRIES DO NOT ALLOW THE
LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU. IF ANY PART OF THIS
LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON,
THEN THE AGGREGATE LIABILITY OF SYNGENTA AND/OR ITS AFFILIATES UNDER SUCH
CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT
EXCEED ONE HUNDRED ($100.00) DOLLARS.
Entire Agreement.
This
Agreement constitutes the entire agreement between you and Syngenta with
respect to your access to and/or use of this web site.
Effective Date
The
terms and conditions set forth above are effective as of November 13, 2000.
M2:20341056.04
