End User License Agreement (EULA) for use of get2Clouds® produced by NOS Microsystems Ltd.
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL:
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and NOS Microsystems Limited, 7-12 Tavistock Square, London, WC1H 9BQ, United Kingdom (“NOS Microsystems Ltd.”), that governs your use of the NOS Microsystems Ltd. application and software get2Clouds® (the “Software”), comprising web-based and downloadable components, and the Internet-based publishing and ordering services (the “Services”) available at the NOS Microsystems Ltd. get2Clouds® Website, http://www.get2clouds.com/ and applicable Android stores.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. THIS SOFTWARE IS PROVIDED FREE OF CHARGE.
1. GRANT OF LICENSE.
NOS Microsystems Ltd. grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. A limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Software on your computer or Android phone for the sole purpose of personally using the Software and Services provided by NOS Microsystems Ltd. and any other applications that may be explicitly provided by NOS Microsystems Ltd..
1.2 License Grant for Documentation. Documentation that accompanies the Software (if any) is licensed for non-commercial reference purposes only.
2. RIGHTS AND LIMITATIONS.
2.1 You may not use any NOS Microsystems Ltd. services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party’s use and enjoyment thereof. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Software and Services.
3. RESERVATION OF RIGHTS AND OWNERSHIP.
3.1 NOS Microsystems Ltd. reserves all rights not expressly granted to you in this EULA. The Software is protected by UK copyright law and other intellectual property laws and treaties. NOS Microsystems Ltd. owns the title, copyright, and other intellectual property rights in the Software.
3.2 The software is licensed to you, not sold.
This EULA does not grant you any rights to trademarks or service marks of NOS Microsystems Ltd.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not, modify, reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. CONSENT TO USE OF DATA.
6. LINKS TO THIRD PARTY SITES.
6.1 The Software may allow you to access third party websites (“Third Party Sites”). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by NOS Microsystems Ltd..
6.2 Your use of all content including but not limited to images and fonts obtained from Third Party Sites is subject to the limitations of copyright law and you may not utilize any content obtained from Third Party Sites without the express permission of the copyright owner. You hereby (a) represent and warrant that you have obtained the permission of the copyright owner with respect to each such image and (b) that you will indemnify and defend NOS Microsystems Ltd. from and against any claims or lawsuits, including attorneys’ fees that arise or result from your use or distribution in any manner of images obtained from Third Party Sites.
6.3 NOS Microsystems Ltd. is not responsible or liable for the contents of any Third Party Sites or services, any links contained in Third Party Sites or services, or any changes or updates to Third Party Sites or services. NOS Microsystems Ltd. may provide these links and access to Third Party Sites and services only as a convenience to you and the inclusion of any link or access does not imply an endorsement by NOS Microsystems Ltd. of the Third Party Sites or service.
6.4 YOUR USE OF THE THIRD PARTY SITES IS AT YOUR OWN RISK. NOS Microsystems Ltd. MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
7. ADDITIONAL SOFTWARE/SERVICES.
7.1 This EULA applies to updates, supplements, add-on components, or Internet-based services components of the Software that NOS Microsystems Ltd. may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms.
7.2 NOS Microsystems Ltd. reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
8. EXPORT RESTRICTIONS.
You agree to comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, and destination restrictions issued by the UK and other governments.
9. SEPARATION OF COMPONENTS.
The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.
Without prejudice to any other rights, NOS Microsystems Ltd. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
11. LIMITED WARRANTY.
11.1 Where the Software is provided to you free of charge, it is provided “as is” with no warranties whatsoever and you acknowledge and agree that NOS Microsystems Ltd. will have no liability in connection with or arising from your use of the Software. Your only right or remedy with respect to any problems or dissatisfaction with the Software is to immediately de-install and cease use of such Software.
12. DISCLAIMER OF IMPLIED WARRANTIES.
12.1 The Limited Warranty that appears in Section 11 above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
12.2 EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOS Microsystems Ltd. PROVIDES THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall NOS Microsystems Ltd., including any of its affiliates or suppliers, be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the software, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of NOS Microsystems Ltd. or any of its affiliates or suppliers, even if advised of the possibility of such damages.
14. LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), NOS Microsystems Ltd. and any of its suppliers under any provision of this EULA shall not be liable for the actual damages you incur in reasonable reliance on the Software. The foregoing limitations, exclusions and disclaimers (including Sections 11, 12, 13 and 14) shall not exceed total amounts paid to NOS Microsystems.
15. ACCEPTABLE USE POLICY AND APPLICABLE LAW
This EULA shall be governed by and construed in accordance with the laws of the United Kingdom. This specific chapter is regulated by the ‘Copyright, Designs and Patents Act 1988 (Chapter 48)’ and the ‘World Intellectual Property Organization Copyright Treaty’.
- Harmful or threatening actions against, or the exploitation of children
- Sharing of inappropriate content (nudity, bestiality, pornography, graphic violence or other criminal activity)
- False, misleading or defamatory activity (fraud)
- Other illicit or harmful activity (transmitting viruses, stalking, sharing terrorist content, hate speech, advocating violence, or asking for money under false pretences)
- Infringing the rights of others (unauthorized distribution or resale of copyrighted content)
- Violating the privacy or data protection rights of others
- Other illegal or inappropriate activity.
16. ENTIRE AGREEMENT; SEVERABILITY.
This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and NOS Microsystems Ltd. relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any NOS Microsystems Ltd. policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
17. CHANGES TO EULA.
NOS Microsystems Ltd. reserves the right to change the Terms and Conditions of the End User License Agreement without notice, and without liability.