NexaraApp is protected by copyright laws, treaties, and other forms of intellectual property. NexaraApp or its subsidiaries, affiliates, and suppliers (collectively “NexaraApp”) own all intellectual property rights in the Software Product. Your (“Licensee” or “you”) license to download, use, copy, or modify the Software Product is subject to these rights and all terms and conditions outlined in this End User License Agreement (“Agreement”).
Acceptance
BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
License Grant
This Agreement entitles you to install and use one copy of the Software Product. You may also make one archival copy, which must be stored on a medium other than a hard drive and used only for reinstalling the Software Product. This Agreement does not permit multiple installations or uses of the Software Product on more than one computer simultaneously or on any system that allows shared use of applications. Multiple installations or copies are allowed only with an appropriate licensing agreement for each user and each copy.
Restrictions on Transfer
Without the express written consent of NexaraApp, you may not assign your rights and obligations under this Agreement or redistribute, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, nor may you permit the use, copying, or installation by more than one user or on more than one computer. If you possess multiple licensed copies, you may not exceed the number of computers permitted by the license.
You may not decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code for the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create derivative works of the Software Product or its documentation. Derivative works include translations. You may not alter any files or libraries in any portion of the Software Product.
Restrictions on Copying
You may not copy any part of the Software Product except as required for temporary use during the licensed operation, where the copy is stored temporarily in computer memory. You may create one archival copy on a medium other than a computer hard drive.
Limited Software Product Warranty
For 30 days from the date of shipment or download, NexaraApp warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED IN WRITING, NEXARAAPP MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEXARAAPP MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER SPECIFIC CONDITIONS. YOU BEAR SOLE RESPONSIBILITY FOR DETERMINING WHETHER THE SOFTWARE PRODUCT MEETS YOUR REQUIREMENTS FOR SECURITY AND PERFORMANCE.
NEXARAAPP SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING FROM THIS AGREEMENT, THE USE, OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Remedies and Damages
Your remedy for breach of this Agreement or warranty shall be the correction or replacement of the Software Product, solely at the discretion of NexaraApp. If NexaraApp cannot provide a replacement, your sole alternative remedy is a refund of the purchase price, exclusive of any shipping and handling costs.
Governing Law, Jurisdiction, and Costs
This Agreement is governed by the laws of the jurisdiction where NexaraApp is registered, without regard to conflict or choice of law provisions.
Severability
If any provision of this Agreement is held invalid or unenforceable, the remainder shall remain in full force and effect. Any restrictions not permitted by applicable laws shall remain effective to the maximum extent allowed.