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    Terms of Use

    Network Optix, Inc.

    Last Updated: August 28, 2026

    Purchase or use of paid services is additionally governed by Nx's Terms and Conditions, which are incorporated herein by reference.

     

    SECTION 1. AGREEMENT TO THESE TERMS

    This Terms of Use (this "Agreement") is entered into by and between Network Optix, Inc., a California corporation with its principal place of business at 975 Ygnacio Valley Rd, Walnut Creek, CA 94596 ("Company," "we," "us," or "our"), and the individual or entity accessing or using the Site or the Software ("you" or "User"). This Agreement governs your access to and use of (i) Company's website located at networkoptix.com and any related domains operated by Company (the "Site"), and (ii) Company's software existing or future products, including without limitation Nx Witness and Nx Go (the "Software").

    BY ACCESSING THE SITE, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT ACCESS THE SITE OR USE THE SOFTWARE.

    If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such an entity, in which case the terms "you" and "User" shall refer to such entity.

    SECTION 2. ELIGIBILITY

    You represent and warrant that you are at least the age of majority in your jurisdiction of residence. The Site and the Software are intended for business and professional use and are not directed to individuals under the age of majority.

    SECTION 3. ACCOUNTS

    If you register for or are issued an account in connection with the Site or the Software, you are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify the Company promptly of any unauthorized use of your account or any other breach of security.

    SECTION 4. SOFTWARE LICENSE

    Your use of the Software is licensed, and not sold, to you, and is governed by Company's End User License Agreement (the "EULA"), currently available at nxvms.com/content/software-eula, the terms of which are incorporated into this Agreement by reference. In the event of any conflict between this Agreement and the EULA with respect to your use of the Software, the EULA shall control.

    If you purchase a paid subscription to, or otherwise procure, any Software Solution or Service from Company, Company's Terms and Conditions for Software Solutions and Services (referenced on the applicable invoice) shall additionally apply and shall govern all matters relating to fees, billing, and service levels.

    SECTION 5. ACCEPTABLE USE

    In connection with your use of the Site or the Software, you shall not, and shall not permit any third party to:

    • violate any applicable law, rule, or regulation, or infringe any intellectual property, privacy, or other right of any third party;
    • upload, transmit, or introduce any virus, malware, or other harmful or disruptive code;
    • attempt to gain unauthorized access to any system, account, network, or data;
    • scrape, crawl, harvest, or otherwise systematically extract data from the Site except as expressly authorized by Company in writing;
    • reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site or its content for any commercial purpose without Company's prior written consent; or
    • harass, threaten, defame, or unlawfully discriminate against any person.

    Company reserves the right, in its sole discretion, to suspend or terminate your access to the Site or the Software for any violation of this Section 5.

    SECTION 6. INTELLECTUAL PROPERTY

    The Site, the Software, and all content, features, and functionality thereof, including all trademarks, service marks, and logos of Company (collectively, the "Company IP"), are and shall remain the exclusive property of Company or its licensors, and are protected by copyright, trademark, and other applicable intellectual property laws. Except for the limited license expressly granted in Section 4, nothing in this Agreement shall be construed as granting any right, title, or interest in or to the Company IP.

    SECTION 7. USER SUBMISSIONS

    If you submit any feedback, suggestions, or other materials to Company ("User Submissions"), you hereby grant Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, and otherwise exploit such User Submissions for any purpose, without any obligation to compensate or attribute you. You represent and warrant that you have all rights necessary to grant the foregoing license and that your User Submissions do not violate any applicable law or third-party right.

    SECTION 8. SITE CONTENT

    Company endeavors to ensure that information published on the Site is accurate and current; however, the Site may contain typographical errors, inaccuracies, or information that has not been updated. Such information is provided for general informational purposes only and should not be relied upon as the sole basis for any decision. Company reserves the right to modify, correct, or remove content on the Site at any time, without notice or obligation to do so.

    SECTION 9. THIRD-PARTY LINKS AND SERVICES

    The Site or the Software may contain links to, or interoperate with, websites, products, or services operated by third parties that are not owned or controlled by Company. Company assumes no responsibility for, and makes no representation or warranty regarding, the content, accuracy, or practices of any third-party website, product, or service. Your use of any third-party website, product, or service is at your sole risk and is subject to the applicable third party's terms and policies.

    SECTION 10. PRIVACY

    Company's collection, use, and disclosure of personal information in connection with the Site is described in Company's Privacy Policy, available at networkoptix.com/privacy-policy, which is incorporated herein by reference.

    SECTION 11. DISCLAIMER OF WARRANTIES

    EXCEPT AS EXPRESSLY SET FORTH IN A SEPARATE SIGNED AGREEMENT BETWEEN YOU AND COMPANY, THE SITE AND THE SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO CERTAIN OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

    SECTION 12. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE OR THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE AGGREGATE AMOUNT PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

    SECTION 13. INDEMNIFICATION

    You agree to indemnify, defend, and hold harmless Company and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Site or the Software; (b) your breach of this Agreement; or (c) your violation of any applicable law or the rights of any third party.

    SECTION 14. TERM AND TERMINATION

    This Agreement shall remain in effect for so long as you access or use the Site or the Software. Company reserves the right, in its sole discretion, to suspend or terminate your access to the Site or the Software, in whole or in part, at any time, with or without notice, if Company reasonably believes that you have breached this Agreement. You may discontinue your use of the Site or the Software at any time. Sections 6, 11, 12, 13, and 15 through 18 shall survive any termination of this Agreement.

    SECTION 15. MODIFICATIONS TO THIS AGREEMENT

    Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting the revised Agreement on the Site. Your continued access to or use of the Site or the Software following the posting of any revised Agreement constitutes your acceptance of such revisions. You are responsible for reviewing this Agreement periodically.

    SECTION 16. NO WAIVER; SEVERABILITY

    No failure or delay by Company in exercising any right under this Agreement shall constitute a waiver of that right. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect.

    SECTION 17. GOVERNING LAW

    This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Each party consents to the exclusive jurisdiction and venue of the state and federal courts located in Contra Costa County, California, for any dispute arising out of or relating to this Agreement.

    SECTION 18. ENTIRE AGREEMENT

    This Agreement, together with the EULA, the Privacy Policy, and, where applicable, the Terms and Conditions for Software Solutions and Services, constitutes the entire agreement between you and Company with respect to the subject matter hereof, and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter; provided, however, that in the event you and Company are parties to a separate signed agreement — including, without limitation, an executed Reseller Agreement — the terms of such separate signed agreement shall govern and control with respect to any matter specifically addressed therein.

    SECTION 19. CONTACT INFORMATION

    Questions regarding this Agreement should be directed to legal@networkoptix.com or sent to Network Optix, 975 Ygnacio Valley Rd, Walnut Creek, CA, 94596, United States.