Nevity

End-User License Agreement For Nevity Ltd. Software Products

This End-User License Agreement ("EULA") for NEVITY LTD ("the Licensor" or "Licensor") software ("SOFTWARE PRODUCT") is a legal agreement between you (either an individual or an entity) and NEVITY LTD.

The SOFTWARE PRODUCT(S) is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

You agree that your use of the SOFTWARE PRODUCT(S) acknowledges that you have read this license, understand it, and agree to be bound by its terms and conditions.

This EULA applies to all products of NEVITY LTD.

1. GRANT OF LICENSE

This is a license agreement, and NOT an agreement for sale. NEVITY LTD retains ownership of the copy of SOFTWARE PRODUCT(S) in your possession, and all copies you may be licensed to make.

Subject to all the terms and conditions of this EULA, the Licensor grants End User a non-exclusive, non-transferable license to install and use the SOFTWARE PRODUCT(S) for COMMERCIAL USE or a NON-COMMERCIAL USE as authorized below:

1.1 SINGLE DOMAIN LICENSE

Single domain license apply for both commercial and non-commercial usage. If you purchase a Single Domain License, you may integrate and use the Software in a single domain. You will be provided a domain name for which you want the software to operate with. The License Code will only be valid for the specified domain and cannot be transferred or assigned to a different domain without written approval from the Licensor. The Single Domain License may not be used in hosting or service bureau environments (e.g. SaaS, virtualized servers, shared or dedicated cloud servers and, in general, any application using the Software that is hosted for different organizations and/or customers).

The proof of single domain license is legitimate invoice created by the Licensor and contains following details about the the license:

  1. license holder (if other than the customer marked on the invoice),
  2. SOFTWARE PRODUCT name,
  3. SOFTWARE PRODUCT version or version range,
  4. domain name,
  5. the Effective Data and
  6. validity period.

1.2 NON-COMMERCIAL USE LICENSE

If you are an individual, you may install, copy and use the following SOFTWARE PRODUCT(S) for non-commercial or evaluation purposes:

2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

You may not reverse engineer, decompile, create derivative works or disassemble the SOFTWARE PRODUCT(S). If the SOFTWARE PRODUCT(S) is purchased by you with the intent to reverse engineer, decompile, create derivative works, or the exploitation and unauthorized transfer of any NEVITY`s intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist and any PRODUCT(s) created as a result shall be judged illegal by definition. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.

3. SEPARATION OF COMPONENTS.

The SOFTWARE PRODUCT is licensed as a single PRODUCT. The SOFTWARE PRODUCT(S) and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by Developer End User. The provision of source code, if included with the SOFTWARE PRODUCT(S), does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All NEVITY`s libraries, source code, redistributables and other files remain as NEVITY`s exclusive property. You may not distribute any files, except those that NEVITY has expressly designated as Redistributable.

4. RENTAL

You may not rent, lease, or lend the SOFTWARE PRODUCT(S).

5. TERMINATION

This license shall remain in effect only for so long as you are in compliance with the terms and conditions of this EULA. This license will terminate if you fail to comply with any of its terms or conditions. You may terminate it at any time by destroying your copies of the SOFTWARE PRODUCT(S). You agree, upon termination to destroy and uninstall all copies of the Product. Without prejudice to any other rights, NEVITY may terminate this EULA if you fail to comply with the terms. The provisions of this EULA that protect the proprietary rights of NEVITY and the LIMITATIONS OF WARRANTIES will continue to be in force even after any termination. Upon termination, NEVITY may also enforce any rights provided by law.

6. COPYRIGHT

All title and copyrights in and to the SOFTWARE PRODUCT(S) (including but not limited to any images, text, and applets incorporated into the SOFTWARE PRODUCT(S)) are the proprietary products of NEVITY and are protected by copyright law. You acquire only the right to use the SOFTWARE PRODUCT and do not acquire any rights of ownership. You acknowledge that the SOFTWARE PRODUCT in source code remains a confidential trade secret of NEVITY. NEVITY may have trademarks, copyrights, or other intellectual property rights covering the SOFTWARE PRODUCT. You are not granted any license to these patents, trademarks, copyrights, or other intellectual property rights except as expressly provided herein. NEVITY reserves all rights not expressly granted.

7. LIMITATION OF WARRANTIES AND LIABILITY

The SOFTWARE PRODUCT is provided on an "as is" basis, without any other warranties or conditions, express or implied, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, course of dealing or otherwise. The entire risk as to the results and performance of the product is assumed by you. Neither we nor our dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages, or they are foreseeable. We are also not responsible for claims by a third party. Our maximum aggregate liability to you and that of our dealers and suppliers shall not exceed the amount paid by you for the product. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.