End User License Agreement
By using the Nexus Terminal software package,
you acknowledge that you have read this license agreement, that you understand it,
and that you agree to be bound by its terms. If you do not agree to the terms and
conditions of this license agreement, promptly uninstall and remove the software.
Grant of license for registered users
Nexus Integration, grants you a non-exclusive, non-transferable license to use
Nexus Terminal, including any documentation files accompanying
the software on a personal computer or server to support up to the number of
users for which you have ordered, and to make one backup copy of
the software, provided that:
- the software is not modified
- all copyright notices are maintained on the software
- the number of installations or users of a server installation are
according to the number users on the license paper
- you agree to be bound by the terms of this license agreement
The software and documentation shall be used only by you, only for your own
personal or internal business use and not in the operation of a service bureau
or for the benefit of any other person or entity. A personal license is non-
transferable, but a company license can be transferred to an other company if a
written request has been accepted.
Grant of license for test users
Nexus Integration, grants you the same rights as for registered users for a test period of thirty (30) days.
The test/demo license will expire and not operate after thirty days from installation. The
purchase of a registered license key is required for use of the software after the trial period.
Ownership
You have no ownership rights in the software. Rather, you have a license to use
the software as long as this license agreement remains in full force and effect.
Ownership of the software, documentation and all intellectual property rights
therein shall remain at all times with Nexus Integration. Any other use of the
software by any person, business, corporation, government organization or any
other entity is strictly forbidden and is a violation of this license agreement.
Copyright
The software and documentation contain material that is protected by international
copyright law and trade secret law, and by international treaty provisions. All
rights not granted to you herein are expressly reserved by Nexus Integration.
You may not remove any proprietary notice of Nexus Integration from any copy of
the software or documentation.
Restrictions
You may not publish, display, disclose, rent, lease, modify, loan, distribute,
or create derivative works based on the software or any part thereof. You may
not reverse engineer, decompile, translate, adapt, or disassemble the software,
nor shall you attempt to create the source code from the object code for the software.
Confidentiality
You acknowledge that the software contains proprietary trade secrets of Nexus
Integration and you hereby agree to maintain the confidentiality of the software
using at least as great a degree of care as you use to maintain the confidentiality
of your own most confidential information. You agree to reasonably communicate the
terms and conditions of this software license agreement to those persons employed
by you who come into contact with the software, and to use reasonable best efforts
to ensure their compliance with such terms and conditions, including, without
limitation, not knowingly permitting such persons to use any portion of the
program for the purpose of deriving the source code of the program or defeating
the key.
Limited warranty
Nexus Integration warrants for a period of thirty (30) days after purchase that
the software will operate substantially in accordance with the documentation.
Should the software not so operate, your exclusive remedy, and Nexus Integration's
sole obligation under this warranty, shall be, at Nexus Integration's sole discretion,
correction of the defect or refund of the purchase price paid for the software.
Any use by you of the software is at your own risk. this limited warranty is the
only warranty provided by Nexus Integration regarding the software. Except for
the limited warranty above.
The software is provided "as is". To the maximum extent
permitted by law, Nexus Integration disclaims all other warranties of any kind,
either expressed or implied, including, without limitation, implied warranties of
merchantability and fitness for a particular purpose. Nexus Integration does not
warrant that the functions contained in the software will meet any requirements
or needs you may have, or that the software will operate error free, or in an
uninterrupted fashion, or that any defects or errors in the software will be
corrected, or that the software is compatible with any particular platform.
some jurisdictions do not allow the waiver or exclusion of implied warranties so
they may not apply to you.
Limitation of liability
In no event will Nexus Integration be liable to you or any third party for any
incidental or consequential damages (including, without limitation, indirect,
special, punitive, or exemplary damages for loss of business, loss of profits,
business interruption, or loss of business information) arising out of the use
of or inability to use the program, or for any claim by any other party, even if
Nexus Integration has been advised of the possibility of such damages.
Nexus Integration's aggregate liability with respect to its obligations under
this agreement or otherwise with respect to the software and documentation or
otherwise shall not exceed the amount of the license fee paid by you for the
software and documentation. Because some states/countries do not allow the
exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.
Termination
This license agreement is effective until it is terminated. You may terminate this
license agreement at any time by destroying or returning to Nexus Integration all
copies of the software and documentation in your possession or under your control.
Nexus Integration may terminate this license agreement for any reason, including,
but not limited to, if Nexus Integration finds that you have violated any of the
terms of this license agreement. Upon notification of termination, you agree to
destroy or return to Nexus Integration all copies of the software and documentation
and to certify in writing that all known copies, including backup copies, have been
destroyed. All provisions relating to confidentiality, proprietary rights, and
non-disclosure shall survive the termination of this software license agreement.