*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Clapper 1.2.2("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Nesesho Inc. your use of Clapper 1.2.2 indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Nesesho Inc. grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Clapper 1.2.2 in accordance with this Agreement and any other written agreement with Nesesho Inc.. Nesesho Inc. does not transfer the title of Clapper 1.2.2 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Nesesho Inc. and the purchasers or users of Clapper 1.2.2.
If you do not agree to be bound by this agreement, remove Clapper 1.2.2 from your computer now and, if applicable, promptly return to Nesesho Inc. by email or mail any copies of Clapper 1.2.2 and related documentation and packaging in your possession.
Clapper 1.2.2 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole. For information about redistribution of Clapper 1.2.2 contact Nesesho Inc..
Your license to use Clapper 1.2.2 is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Clapper 1.2.2.
You shall use Clapper 1.2.2 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Clapper 1.2.2 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Clapper 1.2.2 may be used on one single computer or smart phone or smart tablet location by one user. Use of Clapper 1.2.2 means that you have loaded, installed, or run Clapper 1.2.2 on a computer or similar device. If you install Clapper 1.2.2 onto a multi-user platform, server or network, each and every individual user of Clapper 1.2.2 must be licensed separately.
You may NOT make any copies of Clapper 1.2.2 for backup purposes. Other users may not use your copy of Clapper 1.2.2 . The assignment, sublicense, networking, sale, or distribution of copies of Clapper 1.2.2 are strictly forbidden without the prior written consent of Nesesho Inc.. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Clapper 1.2.2. If any person other than yourself uses Clapper 1.2.2 registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Clapper 1.2.2. Nor can you create any derivative works or other works that are based upon or derived from Clapper 1.2.2 in whole or in part.
Nesesho Inc.'s name, logo and graphics file that represents Clapper 1.2.2 shall not be used in any way to promote products developed with Clapper 1.2.2 . Nesesho Inc. retains sole and exclusive ownership of all right, title and interest in and to Clapper 1.2.2 and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Clapper 1.2.2, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Nesesho Inc..You will indemnify, hold harmless, and defend Nesesho Inc. , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Nesesho Inc.'s Software.
In no event (including, without limitation, in the event of negligence) will Nesesho Inc. , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Clapper 1.2.2 or the use or inability to use Clapper 1.2.2 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Nesesho Inc.'s entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Nesesho Inc.) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Nesesho Inc..
Except as expressly stated in writing, Nesesho Inc. makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
This Agreement shall be governed by the law of the Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Canada therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Clapper 1.2.2 and destroy all copies of Clapper 1.2.2 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Clapper 1.2.2 AS WELL.
You agree that Nesesho Inc. may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Clapper 1.2.2.Nesesho Inc. may also use this information to provide notices to you which may be of use or interest to you.
You agree to use the Services for non-commercial use and, above all, fairly. The Services are not to be used for commercial purposes. Nesesho Inc. reserves the right to limit your login attempts, or suspend Service to you without further notice.
We may change, suspend or discontinue any aspect of Nesesho Inc. at any time, including the availability of any feature, database and/or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Where these changes or suspensions would amount to a complete termination of the Services.
Continued use of the Application and/or Services may require a download of new releases of software with different functionality and that may have different licence terms.
We will do our best to offer you a smooth service, but we give no guarantees that Nesesho Inc. will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services, at clapper_support@Nesesho.com and we will attempt to correct the fault as soon as we reasonably can.
We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software bugs being fixed by us and may have other issues affecting availability and functionality.
Nesesho Inc. and their contents are not targeted to minors (those under the age of 18) and we do not intend to sell any of our products or services to minors. However, we have no way of distinguishing the age of individuals who access our products and services. If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact Nesesho Inc. and all information pretaining to this minor(s) will be removed from our system.
We employ commercially reasonable security methods to prevent unauthorized access to our products, to maintain data accuracy and to ensure the correct use of the information we hold.
For registered users of the Sites, your Registration Information and Account Information (if any) can be viewed and edited through your account, which is protected by a password. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a single computer or smart phone or smart tablet with others, you should not choose to save your log-in information (e.g., user ID and password) on that shared devices. Remember to sign out of your account when you have finished your session.
No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect the information we hold for you, we cannot guarantee the security of any information you transmit to us and you do so at your own risk.
Any changes to this Privacy Policy will be communicated by us posting an amended and restated Privacy Policy on the Sites. Once posted on the Sites the new Privacy Policy will be effective immediately. You agree that any information we hold about you (as described in this Privacy Policy and whether or not collected prior to or after the new Privacy Policy became effective) will be governed by the latest version of the Privacy Policy.
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to clapper_support@nesesho.com and we will try to resolve your concerns.