IMPORTANT. READ CAREFULLY. This End User License Agreement ("EULA") is a legal LICENSE AGREEMENT between you (“I,” “you,” or “your,” either as a registered individual user or as the registered representative and on behalf of a single entity) and NICTECH NETWORKS LLC or its successors and assigns (the “Company”), with respect to the SOFTWARE PRODUCT, and all future fixes, versions and updates thereof. The Company is the owner/author of the SOFTWARE PRODUCT. By clicking on the “Submit,” “Download,” “I accept” or similar button or link and installing and using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT. The Company reserves the exclusive right to periodically update this EULA at its discretion at any time, with reasonable notice to you by posting the new EULA at the following URL: www.nictechnetworks.com/eula.html By continuing to use the SOFTWARE PRODUCT after the EULA is updated, you agree to be bound by the terms of the updated EULA.
I UNDERSTAND AND AGREE THE SOFTWARE PRODUCT WILL MODIFY, REMOVE, AND ADD ENTRIES TO MY COMPUTER OPERATING SYSTEM, NETWORK PARAMETERS, AND OTHER INSTALLED FILES THAT WILL CHANGE THE PRIOR DEFAULT SETTINGS. I UNDERSTAND AND AGREE THAT THE SOFTWARE PRODUCT WILL INSTALL SOFTWARE TO DISPLAY ELECTRONIC ADVERTISEMENTS AND THIRD PARTY WEB PAGES OF EVERY KIND AND NATURE AND/OR MONITOR MY INTERNET VIEWING HABITS AND REPORT THEM TO THE COMPANY AND/OR UNDISCLOSED THIRD PARTIES, WITHOUT USER INTERVENTION, FOR THE SOLE PURPOSE OF SERVING TARGETED ADVERTISEMENT OR THIRD PARTY WEB PAGES. THE SOFTWARE PROGRAM DOES NOT LOG KEY STROKES AND DOES NOT GATHER ANY PERSONALLY IDENTIFIABLE INFORMATION.
I UNDERSTAND AND AGREE THAT THE ELECTRONIC ADVERTISEMENTS AND THIRD PARTY WEB PAGES MAY APPEAR ABOVE OR BELOW OTHER WEB PAGES I HAVE OPEN ON MY DESKTOP AND I UNDERSTAND AND AGREE THAT I HAVE THE SOLE RIGHT AND DISCRETION, AND HEREBY GRANT PERMISSION, TO ALLOW THE SOFTWARE PRODUCT TO CAUSE THESE CHANGES IN HOW ANY AND ALL WEB PAGES ARE WINDOWED ON MY COMPUTER. I UNDERSTAND AND AGREE THAT THESE ADDITIONAL FEATURES AND CHANGES TO THE DEFAULT SETTINGS MAY BE DISABLED AND CHANGED BACK TO THEIR ORIGINAL STATE THROUGH THE TOOLS PROVIDED BY THE OPERATING SYSTEM OR OTHER PROGRAMS, OR BY CONTACTING THE COMPANY. I FURTHER UNDERSTAND AND AGREE THAT THESE CHANGES MAY EFFECT SPEED AND THE ABILITY TO ACCESS VARIOUS INTERNET SITES, AND THAT ACCEPTING THIS AGREEMENT ENTITLES THE COMPANY AND/OR ITS AGENTS TO PROVIDE ELECTRONIC ADVERTISEMENTS AND MONITORING IN EXCHANGE FOR THE USE OF THIS SOFTWARE PRODUCT, AND/OR ANY OTHER SERVICE(S) PROVIDED IN CONNECTION WITH THIS SOFTWARE PRODUCT. I grant to the Company the right to, with or without notice, monitor my Internet accessible activities for the purpose of verifying SOFTWARE PRODUCT performance and/or my compliance with the terms hereof.
This EULA grants you, the registered computer SOFTWARE PRODUCT end-user, the following rights:
Subject to the terms and conditions of this EULA, the Company grants you a non-exclusive, revocable, limited license to (a) download and install on your computer the most recent version of the SOFTWARE PRODUCT and (b) use the SOFTWARE PRODUCT you download and install on your computer for your personal, non-commercial purposes. Any new features that the Company adds to the SOFTWARE PRODUCT shall be subject to the terms of this EULA.
The SOFTWARE PRODUCT may be used only by you. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version thereof for the same operating system, on a single computer which you own. You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.
The Company reserves the right at its sole discretion to periodically update and/or upgrade the SOFTWARE PRODUCT. Your installation and use of the SOFTWARE PRODUCT indicates your acceptance of potential future updates and/or upgrades to the SOFTWARE PRODUCT. I UNDERSTAND AND AGREE THAT THE COMPANY MAY AT ITS SOLE DISCRETION REMOTELY UPGRADE OR MODIFY THE SOFTWARE PRODUCT AFTER IT IS INSTALLED ON MY COMPUTER. You may use the resulting upgraded SOFTWARE PRODUCT only in accordance with the terms of this EULA.
All rights, title, interest, patents, trademarks and copyrights, in and pertaining to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animation, video, audio, music, text, and applets incorporated into the SOFTWARE PRODUCT), any accompanying printed or electronic materials and any copies of the SOFTWARE PRODUCT are owned by the Company. The SOFTWARE PRODUCT is or in the future may be protected by copyright, patent and trademark laws and international treaty provisions. You must treat the SOFTWARE PRODUCT like any other copyrighted material for archival purposes.
You may not remove, modify or alter any Company copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the electronic media or documentation, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT.
You own only the computer on which the SOFTWARE PROGRAM and its related documentation are installed. An express condition of this EULA is that the Company shall at all times retain ownership of the SOFTWARE PROGRAM installed on your computer. This EULA is not a sale of the original or any subsequent copy.
This EULA is effective until terminated. You may terminate it by completely removing the SOFTWARE PRODUCT and all modifications made thereby, from your computer. Without prejudice to any of the Company's other rights, your rights under this EULA will terminate automatically without notice from the Company if you fail to comply with any term(s) of this EULA.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in subparagraph C (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
THE SOFTWARE PRODUCT IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARANTIES OF NON-ENFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COMPANY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO TEN UNITED STATES DOLLARS (U.S. $10). BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE COMPANY IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY CHANGES MADE AFTER THE PUBLICATION OF THE SOFTWARE PROGRAM IN THE OPERATING CHARACTERISTICS OF COMPUTER HARDWARE, TEST INSTRUMENTS (e.g., in-circuit emulators) OR OPERATING SYSTEMS, NOR FOR PROBLEMS INTERACTION OF THE SOFTWARE PROGRAM WITH OTHER SOFTWARE.
The SOFTWARE PRODUCT and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Yugoslavia, North Korea, Syria, Iran or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the SOFTWARE PRODUCT, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
Recognizing the global nature of the Internet, as a condition precedent to your use of this SOFTWARE PRODUCT you agree to comply with all local laws and rules regarding on-line conduct and acceptable data. You agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside. You agree comply with all laws and regulations applicable to your use of this SOFTWARE PRODUCT. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you acquired or use this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Minnesota. If this SOFTWARE PRODUCT was acquired and is used exclusively outside of the United States, then local law may also apply.
I ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE BUTTON LABELED “SUBMIT,” “DOWNLOAD,” “I ACCEPT” OR SOME SUCH SIMILAR LINKS AS MAY BE DESIGNATED BY THE COMPANY TO DOWNLOAD THE SOFTWARE PRODUCT TO ACCEPT THE TERMS AND CONDITIONS OF THIS EULA, I AM SUBMITTING A LEGALLY BINDING ELECTRONIC SIGNATURE AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT. I ALSO REPRESENT AND AGREE THAT I AM 18 YEARS OF AGE OR OLDER, AND AM CAPABLE OF ENTERING INTO A BINDING LEGAL CONTRACT. ANY PARENT OR GUARDIAN OF A PERSON UNDER THE AGE OF 18 MAY ACCEPT THIS EULA ON BEHAL OF A USER. BY DOING SO, ANY SUCH PARENT OR GUARDIAN REPRESENTS AND WARRANTS THAT HE OR SHE IS 18 YEARS OF AGE OR OLDER, IS CAPABLE OF ENTERING INTO A BINDING LEGAL AGREEMENT, AND AGREES TO ACCEPT FULL RESPONSIBILITY FOR THE CHILD’S USE OF THE SOFTWARE PRODUCT.
I ACKNOWLEDGE AND AGREE THAT MY ELECTRONIC SUBMISSIONS CONSTITUTE MYAGREEMENT AND INTENT TO BE BOUND BY THIS EULA. PURSUANT TO ANY APPLICABLE STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS, INCLUDING WITHOUT LIMITATION THE UNITED STATES ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, P.L. 106-229 OR OTHER SIMILAR STATUTES, I HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE APPLICATION OF SERVICES OFFERED BY THE COMPANY FURTHER, I HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, OR TO PAYMENTS OR THE GRANTING OF CREDITS BY OTHER THAN ELECTRONIC MEANS.