Please read this agreement carefully before using the Nepoware Product Software: THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND NEPOWARE CORPORATION (“NEPOWARE”) THAT GOVERNS YOUR USE OF ANY SOFTWARE EMBEDDED ON NEPOWARE PRODUCTS OR MADE AVAILABLE BY THE NEPOWARE “ONLINE” OR ELECTRONIC DOCUMENTATION AND NEPOWARE WEB AND MOBILE DEVICE CODES SOFTWARE COLLECTIVELY, REFERRED AS (“PRODUCT SOFTWARE”). BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ARE AGREEING AND ACCEPTING THE EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE. YOU REPRESENT THAT YOU ARE OF LEGAL AGE IN YOUR AREA OF JURISDICTION OR RESIDENCE TO ACCESS OR USE THE PRODUCT SOFTWARE AND TO ENTER INTO THIS EULA.
1. License and Grant.
Subject to the term of EULA, Nepoware grants you a single copy of limited, nonexclusive, and non-transferable license (without the right to sublicense) to use the Product Software solely on the Nepoware product that you own for your personal use with your home or business in the continental United States. The license includes the right to install the Product software on your computer and/or mobile device and to use the Product Software in conjunction with use of Nepoware hardware products and Services.
You acknowledge that you have no ownership, rights and title and other interest in the Product Software except the grant hereunder. All rights, title, intellectual property rights, interest of any kind in the Product Software, which are not expressly granted in this EULA, are entirely and exclusively reserved to and by Nepoware Corporation (including the software object code and source code).
You agree not to and you will not permit others to, (a) rent, lease, assign, license, distribute, transmit, outsource, translate or create derivative work of the Product Software, (b) upload, transmit, distribute any computer, virus, worms, or any software intended to damage the computer or communication network, handheld mobile data device, data, the Services, Nepoware Product and the Product Software, (c) commercially exploit the Product Software or make the Product Software available to any third party, (d) alter or remove any trademark, logo, proprietary notices, legends, symbols or labels appearing on or in the Product Software, (e) agree not reverse engineer, decompile or disassemble any part of the Product Software, (f) copy or use the Product Software for any purpose other than as permitted in Section 1.
4. Automatic Software Updates.
Nepoware may from time to time develop patches, bug fixes, updates, upgrades, releases and modify version to improve the performance of the Product Software and related Services (“Updates”). This will automatically installed without giving any additional notice or consent. You acknowledge that you also may require to install the updates to use the Nepoware Product and Product Software. If you do not want these Updates, your remedy is to stop using the Product Software and Nepoware Product.
5. Maintenance and Support.
You acknowledge that Nepoware shall have no obligation to provide maintenance or support services with respect to the Product Software. Training and consulting services will not be provided with the Product software, Nepoware Product and Services.
6. Third Party Software.
You acknowledge that the Product Software may contain software provided by third party licensors. The third party software may be subject to restrictions in addition to those listed in this EULA. You agree that the third party licensors shall have the proprietary interests in the third party software and shall have the rights to enforce this EULA with respect to the third party software.
7. Open Source.
The Product Software may contain Open Source software that is provided to you under the term of the Open Source license agreement or copyright notice accompanying such open source Software GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. Nothing in these terms, restrict your right to copy, modify, and distribute such Open Source software that is subject to the terms of the GPL.
8. Export Control.
The Product Software and related technology is subject to U.S. export control laws and regulations and may also be subject to import and export laws of the jurisdiction in which it was obtained, if outside the U.S. You shall abide by all applicable export control laws, rules and regulations applicable to the Software and Documentation. You agree that you will not export, re-export, or transfer the Software or Documentation, in whole or in part, to any country, person, or entity subject to U.S. export restrictions. You will indemnify and hold Nepoware harmless from any and all claims, losses, liabilities, penalties, costs and expenses arising from or relating to any breach by you or your obligation under this section.
9. Terms and Termination.
You acknowledge that the EULA and license granted is terminable at will by Nepoware in its sole and absolute discretion with or without notice if you fail to comply with any term(s) hereof. Upon termination of this EULA, the license hereunder granted will terminate and you must stop using the Product Software, but the terms of sections 2 through to 14 will remain in effect after the termination.
10. Warranty Disclaimer.
Nepoware has provided links and pointers to Internet sites maintained by third parties. Neither Nepoware nor its affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEPOWARE PROVIDES THE PRODUCT SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEPOWARE DOES NOT WARRANT THAT THE FUNCTIONS OF ITS PRODUCT, PRODUCT SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEPOWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT NEPOWARE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
11. Limitations of Liability.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL NEPOWARE, ITS SUBSIDIARY OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE NEPOWARE PRODUCT, SERVICES OR PRODUCT SOFTWARE. IF YOU ARE DISSATISFIED WITH THIS EULA, ANY MATERIAL, OR WITH, ANY OF NEPOWARE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCT SOFTWARE AND SERVICES.
12. Governing Law.
This agreement shall be governed by and construed in accordance with the laws of Washington State.
If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
14. Entire Agreement; Amendments.
This EULA constitutes the entire agreement between Nepoware and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. Nepoware may amend or modify the terms of EULA or impose new conditions at any time without prior notice. Such amendments and modifications shall be effective immediately upon notice thereof which may be given by means including, but not limited to, posting on Nepoware website (i.e., Neposmart.com). Any use of the service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
Effective Date: January 2, 2015