Terms of Use (nxlog.co)

Effective date: January 1, 2018.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE.
These Terms of Use affect your legal rights and obligations, including, but not limited to, waivers of rights, limitation of liability and your indemnity to the Company (see below).

These Terms along with the Privacy Policy document and their supplements, if any, constitute a legally binding agreement between you and the Company (hereinafter referred to as “Terms”). By accessing or using the NXLog website nxlog.co (hereinafter referred to as the “Website”), you agree to be bound by these Terms. If you do not agree to all of these Terms, do not access or use the Website.

  1. Definitions

Account — a personal virtual account on the Website which stores personal information of the User that stores Personal Information (as defined below) and allows access to certain parts of the Website non-accessible without the Account (such as filing support tickets and/or downloading Software).

NXLog (“Company”, “we”, “us” etc.) shall mean NXLog Ltd registered at 2315 Szigethalom, Süllő köz 3. Hungary, registration no. HU13-09-170867, including its affiliates and subsidiaries, who owns and controls the Website.

Granted Access — an access to certain sections of the Website, available exclusively after purchasing or requesting a trial of one or more of our Software products and/or Services, granted via an assignment of your Account with a special permission that allows you to download the specific software and/or file support tickets.

Personal Information — some personal data the User provides voluntarily during the registration procedure or by giving access to their profile(s) in social networks. Personal Information is collected and stored in compliance with policies described in our Privacy Policy.

Software — software products available for purchase and download via the Website, namely NXLog Community Edition, NXLog Enterprise Edition, NXLog Manager. PLEASE NOTE that these Terms do not regulate your usage of Software or technical support services, only your access to sections of the Website. Please see EULA and/or Technical Support Services Agreement respectively if you have purchased the Software and/or Technical Support Services.

User (also “you”) — a legally capable natural legal adult who is capable of entering into Terms and to fully accept its conditions, obligations, affirmations, representations, and warranties and to abide and comply with Terms; a person using the Website, registering an Account on the Website as well as using other services provided via the Website. PLEASE NOTE that you ALSO do not meet the criteria of “a legally capable natural legal adult” if you are under 18 or under the legal age in your respective jurisdiction. In this case you may ONLY use the Website and other services provided via the Website with permission of a parent or a legal guardian who must agree to be solely responsible for the acts or omissions of you in connection with the usage of Company’s services, including but not limited to, the Website.

  1. Description of Services (Purpose of the Website Use)

Website is a collection of internet pages displaying information about NXLog products and services and providing interaction with Us and other Users. The Website allows its visitors to download Software developed by the Company. The Website also allows users to get technical support via the support ticketing system; communicate via forum and IRC (Internet Relay Chat).

The Company provides Granted Access to certain sections of the Website that allow the User to download the Software and/or get technical support. Granted Access only applies to a specific Account.

The Company may provide Users with Granted Access who purchased the Software and/or technical support services or have requested a trial to evaluate the Software.

Users without an Account may:

  • check information on the Company and Software;

  • connect to an IRC chat room;

  • access a community forum;

  • sign up for a mailing list;

  • access manuals and news section of the Website;

  • download binary installer packages of and install the NXLog Community Edition.

    1. Privacy

Your use of the Website is subject to our Privacy Policy. Please review our Privacy Policy for more information about how we collect, store and use information about you.

  1. Your Account

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights (including Granted Access).

You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You are responsible for keeping your password secret and secure. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its affiliates and subsidiaries reserve the right to refuse or cancel your access (including Granted Access), terminate accounts, limit or block your Account, remove or edit content in our sole discretion.

  1. Intellectual Property

As a condition of your use of our the Website, Software and their components, you warrant to NXLog that you will not use Website, Software and their components for any purpose that is unlawful or prohibited by these Terms. You may not use our Website, Software and their components in any manner which could damage, disable, overburden, or impair the Website and/or Software or interfere with any other party’s use and enjoyment of the Website and/or Software. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for via our Website and/or Software.

All intellectual property included as part of the Website and/or Software, such as text, graphics, logos, images, as well as the compilation thereof, and any software, front-end and back-end code, UX/UI design itself, programming source code, text compilations, databases (in their full terms and conditions arising from the legislation of all jurisdictions in the European Union, which implemented Directive № 96/9/EU as of 11 March 1996 on the legal protection of databases) is the property of NXLog or its subsidiaries, affiliates and suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

NXLog, its logo and logos of Software and names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in our Website and/or Software. Our content is not for resale. Except as specifically defined by the Company, you agree not to commit acts that violate the intellectual property rights of NXLog, including, but not limited to selling, importing, exporting, licensing, leasing, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, or creating derivative works from materials, design elements, or content of the Website and/or Software. Use of the content, materials, and other objects of intellectual property rights of NXLog for any purpose not explicitly stated herein is strictly prohibited.

Your use of our Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NXLog and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NXLog or our licensors except as expressly authorized by these Terms.

When submitting any content on the Website (such as any text and/or any files) you grant us a non-exclusive, irrevocable, perpetual, royalty-free, and fully transferable right to use, modify, adapt, publish, create derivative works from, distribute, display, reproduce, and translate such content throughout the world in any media in a form of a license in order to provide the services.

The Company reserves all rights not expressly granted in this Agreement.

  1. Indemnification

You agree to indemnify, defend and hold harmless NXLog, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Website and its components, any user content made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NXLog reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NXLog in asserting any available defenses.

  1. Termination

These Terms shall remain in force until terminated by either us or you. You may terminate these Terms at any time by stopping using the Website. You may also terminate these Terms by requesting administrator of the Website to delete your personal information and/or remove your Account on the Website. Your termination of these Terms does not terminate your agreement with us regarding the Software available on the Website.

We reserve the right to terminate these Terms and therefore our agreement with you. We also reserve the right to suspend or terminate your right to access or use our Website, especially in case you commit an action that is in breach of paragraph 4 in Section 5 of these Terms or in case you breach these Terms in any other way.

  1. Liability Disclaimer and Disclaimer of Warranties

NXLOG AND/OR ITS AFFILIATES, SUBSIDIARIES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS IN OUR WEBSITE/SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NXLOG AND/OR ITS AFFILIATES, SUBSIDIARIES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NXLOG AND/OR ITS AFFILIATES, SUBSIDIARIES AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF WEBSITE/SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE AND RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS IN OUR WEBSITE/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NXLOG AND/OR ITS AFFILIATES, SUBSIDIARIES AND SUPPLIERS HAS (HAVE) BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE AND RELATED SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES.

  1. Governing Law and Jurisdiction

These Terms shall be governed and interpreted pursuant to the laws of Hungary, notwithstanding the rules of conflict of laws.

In case any dispute arises from or in relation to using the Website, Software and/or technical support services the User (you) shall contact the Company first in an attempt to settle the dispute by negotiations.

In case the User and the Company are unable (fail) to resolve the respective dispute within 30 (thirty) business days, the dispute shall be finally resolved by a competent court at the place of Company’s registration.

  1. Changes to these Terms

Please note that these Terms may change from time to time to reflect company and customer feedback. The effective date of such changes will be displayed on this page at all times. Please review these Terms periodically for updates as the continued use of this Website constitutes your acceptance of such changes.

  1. Contact Us

We welcome your feedback and your questions or comments regarding these Terms. We accept any inquiries from you related to these Terms.

You can contact us by email or via the contact form: