1. Your Agreement with Nitro.

You are agreeing to use one or more of Nitro’s cloud-based document management services, which may be referred to individually or collectively herein as the "Service(s)", and/or Nitro’s document management software ("Software"). The Service and the Software may not be error free.  Therefore, You are advised to safeguard important data, to use caution and not to rely on the correct functioning or performance of the Service or Software.  Although Nitro will use reasonable efforts to provide technical support (assuming you have paid any applicable fees), it provides no assurance that any specific errors in the Service or Software will be corrected.

2. License Grant and Restrictions

Subject to the terms and conditions of this Agreement and depending upon whether during sign-up and/or purchase process you have agreed to use the Service and/or the Software on a subscription basis or to receive a perpetual license to use the Software, Nitro grants to You:

• a non-exclusive, non-transferable license (without right to sublicense) to use the Service and/or Software for the term of this Agreement; and/or
• a non-exclusive, non-transferable, perpetual license (without right to sublicense) to use the Software.

Except as otherwise specifically permitted in this Agreement, You may not:

1. modify or create any derivative works of the Service or Software;
2. copy any portion of the Service or Software;
3. sublicense or, unless You have signed up for an account that permits more than one user (in which case You agree not to exceed the permitted number of users), permit use of the Service or Software by more than one user;
4. reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); or
5. use the Service or Software in a timesharing, hosting or service bureau arrangement, or otherwise transfer rights to the Service or Software.

Any update to the Software provided to You is made on a license exchange basis such that You agree, as a condition for receiving an update, that You will terminate Your use any previous version of the Software. Nitro may automatically check the Service and/or Your version of the Software and may automatically update the Service and/or Software from time to time. You agree to accept such updates subject to this Agreement.

3. Your Account and Use of the Service or Software.

You may be required to create an account to participate in the Service and/or use the Software.  If You are entering into this Agreement on behalf of an entity, You represent and warrant that the entity will utilize the Services and/or Software under a single account. You agree not to impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person's username, password or other account information. You are responsible for the security of Your password and for any use of Your account. You also agree to notify us promptly at privacy@gonitro.com of any unauthorized use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to the Service or Software.

If there is a fee associated with your use of the Service or Software, You agree to pay that fee. The fee charged excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Nitro may suspend or cancel Your access to the Service or Software if Nitro does not receive payment from You. Suspension or cancellation for non-payment may result in a loss of access to and use of Your account. To pay any fees, You will be asked to provide a payment method at the time you sign up with Nitro. You agree to keep your billing account information current at all times. By providing Nitro with Your payment method, You (a) represent that You are authorized to use the payment method that You provided and that any payment information You provide is true and accurate; and (b) authorize Nitro to charge You using Your payment method and to charge You for any paid feature that You choose to sign up for or use while this Agreement is in effect. You acknowledge and agree that Nitro may bill you on a recurring basis for Services that You purchase on a subscription basis. If You take part in any trial offer, You must cancel the Services by the end of the trial period to avoid incurring charges, unless Nitro notifies You otherwise. Nitro may change the price it charges for the Services at any time and will notify You in advance of such changes. If You do not agree to the price change, You must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Services offer, that price will remain in force for that term. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable.

In Your use of the Service or Software, You agree to comply with all applicable laws and regulations. You shall, in connection with Your use of the Service or Software, comply with all applicable import, export and re-export control laws and regulations of any country, including the U.S. Export Administration Regulations, the U.S. International Traffic in Arms Regulations, Council Regulation (EC) No 428/2009 on the control of exports of dual-use items and technology, and country-specific economic sanctions programs or embargoes adopted against countries or individuals under any applicable national or international legislation, including any measures implemented by the U.S. Office of Foreign Assets Control. For clarity, You are solely responsible for compliance related to the manner in which You choose to use the Service or Software, including Your transfer and processing of Your content via the Service or Software.

For U.S. Government users, the Software is a “Commercial Item(s),” as that term is defined at 48 C.F.R. Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202 1 through 227.7202 4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement.

You agree that You will not:

1. violate, infringe, or misappropriate other people's intellectual property, privacy or other legal rights;
2. post or share anything that is illegal, abusive, harassing, or otherwise objectionable;
3. transmit any viruses or other computer instructions or technological means that disrupt, damage, or interfere with the use of computers or related systems; or
4. attempt to circumvent any technological measure implemented by Nitro.

You represent that You have either reached the age of “majority” where You live or have valid parent or legal guardian consent to be bound by the terms of this Agreement. If You do not know whether You have reached the age of majority where You live, or do not understand this section, please do not create an account with Nitro before You have asked your parent or legal guardian for help. If You are the parent or legal guardian of a minor that creates an account with Nitro, You accept this Agreement on the minor’s behalf and agree to be responsible for all use of the corresponding account.

Nitro will treat Your data and information regarding your use of the Service and/or Software in accordance with this Agreement and its Privacy Policy published at http://www.gonitro.com/legal/privacy-policy, as may be amended from time to time.

You may not access the Service other than through the interfaces provided by Nitro or interfere with or disrupt the proper operation of the Service.

4. Support and Updates

Subject to Licensee’s payment of the corresponding fees (if any), Nitro shall provide reasonable technical support. Licensee shall provide Nitro with such technical information and assistance as Nitro may reasonably request in order for it to provide support. Subject to Licensee’s payment of the corresponding fees (if any), Nitro shall provide the Licensee with updates, enhancements and maintenance modifications as they become available.

5. Feedback/Use of Licensee’s Name

You agree, at your sole discretion, to provide to Nitro suggestions, comments and feedback regarding the Service or Software, including but not limited to usability and bug reports (collectively, "Feedback"). If You provide such Feedback to Nitro, You hereby grant Nitro the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights to:  make, use, copy, modify, sell, distribute, publicly perform or display, sublicense (including the right to sublicense to further third parties), and create derivative works of the Feedback as part of any Nitro product, technology, service, specification or documentation (individually and collectively, "Nitro Products").  You warrant that Your Feedback is not subject to any license or other terms that would purport to require Nitro to comply with any additional obligations with respect to any Nitro Products that incorporate any Feedback.

Nitro may use Licensee’s name and/or logos to identify Licensee as a Nitro licensee in its general marketing materials or otherwise.

6. Unauthorized Use

You agree to use reasonable efforts to cooperate with and assist Nitro in identifying and preventing any unauthorized use, copying, or disclosure of the Service or the Software.

7. Nitro Proprietary Rights

Nitro and any of its licensors own all proprietary rights in and to the Service and the Software.  The Service and any Software provided to you is licensed and not sold.  Except as expressly provided herein, Nitro retains all rights and does not grant any express or implied right to You under any Nitro patents, copyrights, trademarks, or trade secret information.

8. Modification and Termination of the Service

Nitro may place limits on, modify, suspend or terminate the Service generally, may remove or disable access to any content posted by You in using the Service and may suspend or terminate Your use of the Service or terminate this Agreement at any time, including as a result of Your use of the Service that Nitro reasonably deems to be excessive, which may include usage that substantially and repeatedly exceeds the typical levels of usage by other users of same category/tier of Service. Notwithstanding anything else in this Agreement, this suspension or termination may result in the immediate deletion of Your documents, information, files, and other previously available content.  Nitro is under no obligation to return any content to you. If Nitro terminates the Service, Your use of the Service or this Agreement, the rights and licenses granted to You under this Agreement shall immediately terminate (except that You may continue to use any Software as provided in Section 2(ii) in all instances other than termination of this Agreement as a result of Your breach) and You shall immediately cease using the Service.  In addition to those provisions that survive according to their terms, Sections 3 through 15 shall continue to be effective after termination of this Agreement. If Nitro terminates the Service, Your use of the Service or this Agreement, the rights and licenses granted to You under this Agreement shall immediately terminate (except that You may continue to use any Software licensed on a perpetual basis as provided in Section 2 in all instances other than termination of this Agreement as a result of Your breach) and You shall immediately cease using the Service. In addition to those provisions that survive according to their terms, Sections 3 through 15 shall continue to be effective after termination of this Agreement.

9. Changes to this Agreement

Nitro may change this Agreement and will post the modified agreement (which shall then become the Agreement) on Nitro’s website. Therefore, Nitro encourages you to check the terms of this Agreement from time to time to see if they have been updated. If You do not agree to the modified agreement, Your sole recourse is to stop using the Service and/or Software. Your continued use of the Service or Software after the date the modified agreement is posted will constitute Your acceptance of the modified agreement.

10. Indemnification by Nitro

During the Term, Nitro shall defend, indemnify and hold harmless Licensee and its officers, directors, employees, Users, successors and assigns, from and against any and all losses, damages, liabilities, settlements, reasonable costs and expenses resulting from or arising out of any third-party claim, demand, or cause of action which alleges that the Licensed Products infringe any duly issued patent, copyright or trademark or misappropriate any trade secret right of a third party (“Claim”). Licensee shall provide Nitro with prompt written notice of any Claim and permit Nitro to control the defense, settlement, adjustment or compromise of such Claim. Licensee shall have no authority to settle any Claim on behalf of Nitro. In addition, in the event use of the Licensed Products during the Term becomes, or in Nitro’s reasonable opinion is likely to become, the subject of a claim of infringement as outlined in this Section 10, Nitro may, at its option and expense: (a) obtain for Licensee the continuing right to use such Licensed Products; or (b) modify the Licensed Products or replace them with a substantially functional equivalent so that they no longer infringe; or (c) if neither (a) nor (b) is reasonably practicable, terminate Licensee’s license to such allegedly infringing Services and/or Software and refund to Licensee any unused pre-paid fees paid to Nitro, in which case this Agreement and Licensee’s right to use the Services and/or Software will terminate. This Section 10 states Nitro’s entire liability and Licensee’s exclusive remedy with respect to any claim of intellectual property infringement.

11. Indemnification by Licensee

You will defend, indemnify and hold harmless Nitro, its affiliates, and their respective officers, directors, employees, agents, licensors and any third-party providers, from and against all claims, losses, damages and costs, including reasonable attorneys’ fees, arising from any third-party claim against Nitro related to Your use of the Service or Software, including any document or content You submit to the Service.

12. Exclusion of Warranties

LICENSEE ACKNOWLEDGES AND UNDERSTANDS THAT THE SERVICE AND ANY SOFTWARE MAY CONTAIN ERRORS, OMISSIONS, AND PROBLEMS. LICENSEE HEREBY ACCEPTS THE SERVICE AND SOFTWARE, "AS IS" AND WITH ALL FAULTS, DEFECTS AND ERRORS AND LICENSEE UNDERSTANDS THAT IT ASSUMES ALL RISKS OF USE, QUALITY, AND PERFORMANCE. NEITHER NITRO NOR ANY OF NITRO'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

13. Limitation of Liability

LICENSEE AGREES AND ACKNOWLEDGES THAT NEITHER NITRO NOR ANY OF ITS LICENSORS MAY BE HELD LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES OR COSTS OF AN INDIRECT NATURE, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE AND IN NO EVENT SHALL THEY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT OF FEES PAID TO NITRO BY LICENSEE (IF ANY) UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING SIX MONTHS.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT IF THE ABOVE LIMITATION WERE NOT INCLUDED HEREIN, NITRO WOULD NOT LICENSE THE SERVICE OR SOFTWARE TO YOU.

14. Ethical Business Conduct

Nitro is committed to integrity and high standards of business conduct in everything it does, especially in its dealings with its customers, suppliers and contractors. As a result, Nitro supports and agrees to abide by the following principles:

1. to obey the applicable laws and regulations governing its business conduct worldwide, including in its hiring practices and laws and regulations related to anti-discrimination and forced, compulsory or child labor;
2. to be honest, fair and trustworthy in its relationships and not to engage in corruption in any form, including extortion and bribery; and
3. to strive to create a safe workplace and to protect the environment and through leadership at all levels, to sustain a culture where ethical conduct is recognized and valued.

15. General Legal Terms

This Agreement is the entire agreement between You and Nitro related to the Service and/or Software, replacing any prior agreements.  Nitro's licensors may be third party beneficiaries to this Agreement.  There are no other third-party beneficiaries to this Agreement. The parties to this Agreement are independent contractors, and nothing in this Agreement creates an agency, partnership, or joint venture.  You shall not assign this Agreement, by operation of law or otherwise.  Nitro may assign this Agreement, subject to all of the terms of this Agreement.

Failure to enforce any provision will not constitute a waiver of that provision. If any provision of this Agreement is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose and, in any event, the remainder of the Agreement shall be unaffected.  The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs incurred in the action or proceedings.

You may only resolve disputes with Nitro on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

This Agreement shall be governed by California law without regard to any conflict of laws principles.

Beveiliging

We will take reasonable precautions to protect your personal data from loss, misuse or alteration. This includes both physical and technological security measures. We follow generally accepted industry standards (e.g. encryption at rest and in transit, access control policies, etc.) to protect the personal data submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security and you agree that you submit data to us at your own risk. When you enter personal data on our order forms, we encrypt the transmission of that data using secure socket layer technology (SSL).

Consent and Opt-out

Promotional and Newsletters

We provide you the opportunity to consent to having your personal data used for certain purposes when we ask for this data. We will also give you the opportunity to 'opt-out' at any time. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can initially choose not to accept direct marketing from us, and at a later stage provide consent.

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter.

Targeted Ads

If you wish to not have data used for the purpose of serving you targeted ads, you may initially withhold your consent to being subject to such ads, and at a later stage opt-out by contacting privacy@gonitro.com (or if located in the European Union click here). Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

Site Documents

Nitro provides promotional sites (commonly referred to the "conversion sites") that provide services to convert documents from one format to another. By using the conversion sites, you allow Nitro to store, retain, and use personal data, document data, and document metadata per the 'Use of Data' section above. If you do not wish to provide this personal data, document data, and document metadata, then refrain from using the conversion sites.

Services and Software Documents

Outside of the conversion sites (above), you may delete your documents at any time from within the Services or Software via the User Interface. Any document you have shared explicitly with another user (via a sign, share, or review request) will still be available to that user with whom the document was shared if they downloaded it, copied it to a storage service like (Box, Dropbox, Google Drive, OneDrive, etc.), or added the document to the shared users' Nitro account.

Account Data

We will retain your Personal, Document, and Activity Data for as long as your account is active or as needed to provide you Services. If you wish to cancel your account or request that we no longer use your personal data to provide you Services, please contact privacy@gonitro.com. However, Nitro will retain and use your Personal, Document, and Activity Data as necessary to comply with our legal or other obligations, resolve disputes, and enforce our rights and agreements. Nitro reserves the right to delete any data for inactive accounts.

Out of Scope

Some actions initiated within the Site and Services link to external sites. Additionally, those actions may result in data appearing on forums that are public and/or not subject to the Privacy Policy.

• Frames: Some of our pages utilize framing techniques to serve content from our partners while preserving the look and feel of our Sites. Please be aware that you are providing your personal data to these third parties and not to Nitro.

• Social Media Widgets: Our Sites include social media features, such as the Facebook “Like” button and Widgets, the “Share this” button or interactive mini-programs that run on our Sites. These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. Social media features and Widgets are either hosted by a third party or hosted directly on our Sites. Your interactions with these features are governed by the privacy policy of the company providing it.

• Customer Testimonials: We may post customer testimonials/comments/reviews on our Site which may contain personal data. We obtain the customer's consent, prior to posting the testimonial, to post the customer’s name along with the customer’s testimonial. If you would like to have us remove any of your comments, please contact us.

• Forum and Blog Content: Our Site may offer publicly accessible blogs or community forums. You should be aware that any data you provide in these areas may be read, collected, and used by anyone who has access to them. To request removal of your personal data from our blog or community forum, please contact us at privacy@gonitro.com.

• Forum and Blog Comments: Our blog is also managed by a third-party application that may require you to register to post a comment. We do not have access to or control of the data posted to the comments. You will need to contact or login to the third-party application if you want the personal data that was posted to the comments section removed. To learn how the third-party application uses your data, please review the third party’s privacy policy.

Children's Privacy

We do not knowingly collect personal data from children under the age of 16. By using the Site, Software, and/or Services, the user asserts they are over 16 years of age. If we become aware that we have inadvertently received personal data from a child under the age of 16, we will delete such data from our records.

Data Subject's Rights

Nitro takes privacy seriously. If you have any concerns regarding our handling of your Personal, Sensitive, or Document Data, we encourage you to contact us (details below in the 'Contact Us' section). Additionally, Nitro acknowledges you have the following rights with regards to your personal data.

• You may raise a complaint to the relevant supervisory authority in your EU Member State (and/or to the EU Data Protection Agency)
• You have the right to object to or restrict the processing of your personal data. If you wish to restrict or object, please follow the procedures stated in the 'Opt-out' section above.
• If consent to process is granted, you may withdraw your consent to process personal data. To withdraw consent follow the steps detailed in the 'Opt-out' section above.

Data Access Rights

Nitro collects a variety of information via the use of the Site, Software, and/or Services at the direction of users. If you have concerns about your personal data being processed, or if you seek access or want to correct, amend, or delete inaccurate data, please contact us at privacy@gonitro.com and we will work with you to respond to your request in a reasonable timeframe.

Rectification

If you have concerns or inquiries regarding the handling of your personal, document, and/or activity data, please contact us at privacy@gonitro.com. Nitro will respond within a reasonable timeframe. If, after contacting us, we fail to adequately address your concern please contact the dispute resolution provider, Data Protection Commissioner of Ireland at www.dataprotection.ie, at no cost to you.

For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

Complaints

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your personal data, please contact us using the “Contact Us” section below. We will reply to your complaint as soon as we can and in any event, within 45 days.

Privacy Shield Statements

Nitro complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Nitro has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Nitro commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Nitro by going to the "Contact Us" webpage on this Site or contacting us at privacy@gonitro.com or at the address below.

Nitro Software, Inc
150 California Street, STE 1500
San Francisco, CA 94105
Attn: Privacy

Nitro has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland.

• Nitro is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
• In instances where other redress possibilities have been exhausted under EU law, or where the complaint has not been resolved by any other means, Nitro will provide EU end users a binding arbitration option before the Privacy Shield Panel. Nitro acknowledges that any final decision by the Privacy Shield Panel is a legally binding decision, enforceable in US courts.
• Nitro may disclose data in response to lawful requests by public authorities, and to meet national security or law enforcement requirements.
• If required at some point in the future, to effectively process data on behalf of a client to serve the client's needs, Nitro may need to share that data with certain third parties or sub-processors. In such instances, Nitro will execute any needed contracts, clauses or addendums to ensure that any third-party agents that it engages to process personal data does so in a manner that is consistent with the Privacy Shield Principles.
• Nitro does not currently transfer personal data, received pursuant to the EU-U.S. Privacy Shield Framework, to third party agents. However, if personal information of EU individuals is transferred to third parties in the future, Nitro is potentially liable.

Contact us

If you require more detailed data about our data handling practices please let us know by going to the “Contact Us” webpage on this Site or contacting us at privacy@gonitro.com or at the address below.

Nitro Software, Inc
150 Spear Street, STE 1500
San Francisco, CA 94105
Attn: Privacy

DMCA procedure

Updated: 25 September 2013

Nitro Software, Inc respects the copyright rights of others and has adopted the following procedure regarding the removal of allegedly infringing materials from Nitro's web sites, consistent with the removal notification and counter-notification provisions of the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.

The DMCA provides a process for an owner of copyrighted material to notify an online service provider of alleged copyright infringement. Upon receipt of a valid DMCA removal notification (described below), Nitro will remove or disable access to the allegedly infringing content and take reasonable steps to contact the party that originally posted that content to allow it to file a counter-notification that indicates that it had the right to post the content. Upon receipt of a valid counter-notification (also described below), Nitro may restore the content in question, unless it receives timely notice from the party that requested removal that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

By submitting either a removal notification or a counter-notification as described herein, the submitting party acknowledges and agrees that Nitro may provide copies of such notices and any information contained therein to the other participants in the dispute or to any other third parties deemed necessary by Nitro. Please note that federal law provides that any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys' fees.

Removal Notification

If you believe someone has posted your copyrighted material on a Nitro web site and wish to have it removed, please send a removal notification to Nitro's designated copyright agent as provided below. To be considered valid, your request for removal must be written and include the following:

1. A statement that you are the owner of the material that has allegedly been infringed, or a statement that you are authorized to act on behalf of the owner of the material that has allegedly been infringed.
2. Your name, address, telephone number and, if available, an email address so that Nitro may contact you.
3. A statement identifying the material that you believe to be infringing and information reasonably sufficient to permit Nitro to locate that material. (If you believe multiple copyrighted works have been infringed, you can submit a single notification with a representative list of the allegedly infringed works.)
4. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement, under penalty of perjury, that the information in the removal notification is accurate.
6. Your signature. (The signature may be electronic.)

Promptly after receipt of a valid removal notification, Nitro will remove or disable access to the allegedly infringing content. Nitro will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send Nitro a written counter-notification as provided below.

Counter-Notification

In response to Nitro's receipt of a valid removal notice and removal of material, if you believe that the allegedly infringing material is not infringing and want Nitro to restore it on its web site, please send a counter-notification to Nitro's designated copyright agent as provided below.

To be considered valid, your counter-notification must be written and include the following:

1. Your name, address, telephone number and, if available, an email address so that Nitro may contact you.
2. A statement identifying the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material.
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or for San Francisco County, California, if your address is outside of the United States), and that you will accept service of process from the person who sent the removal notice or an agent of such person.
5. Your signature. (The signature may be electronic.)

Promptly after receipt of a valid counter-notification, Nitro will forward it to the party who submitted the original removal notification. After Nitro sends out the counter-notification, the party that submitted the original removal notification must then notify Nitro within 10 business days that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity. If Nitro receives such notification, it will not restore the material. If Nitro does not receive such notification, Nitro may reinstate the material within 10 to 14 days of receipt of the valid counter-notification.

Where to Send Notices

All notices should be sent to Nitro's designated copyright agent using the following contact information:

Nitro Software, Inc
Attn: Agent for DMCA Notices
150 Spear Street, STE 1500
San Francisco CA 94111
USA

Alternatively, you may email your notice to:

privacy@gonitro.com Please indicate either "DMCA Removal Notification" or "DMCA Counter-Notification" in the subject line.
Or fax it to:
(415) 369-9097
Attn: Agent for DMCA Notices