IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Nsasoft llc. ("Nsasoft") for the above-named Nsauditor software that accompanies this EULA, which includes computer software and may include associated media, printed materials, and/or "online" or electronic documentation ("Software"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1.GRANT OF LICENSE. Nsasoft grants you the following rights provided that you comply with all terms and conditions of this EULA: You may install and use a reasonable number of copies of the Software on computers running Microsoft Windows 2000, Microsoft Windows XP or Microsoft Windows Server 2003.
2.RESERVATION OF RIGHTS AND OWNERSHIP. Nsasoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Nsasoft or its suppliers own the title, copyright and all intellectual property rights in and to the Software. The Software is licensed, not sold.
3.LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not 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.
4.NO RESALE, RENTAL, OR COMMERCIAL HOSTING. You may not sell, rent, lease, sublicense, assign, lend, or otherwise transfer any portion of the Software, or provide commercial hosting services with the Software.
5.LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of Nsasoft, and Nsasoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Nsasoft is not responsible for webcasting or any other form of transmission received from any third party sites. If applicable, Nsasoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Nsasoft of the third party site.
6.NO SUPPORT. Nsasoft is not obligated to provide any maintenance or technical support services to you, in any form whatsoever, in connection with the Software.
7. NO REFUND.
Because the Software is provided free of charge during the Trial Period to allow potential customers to evaluate and test it before paying the license fee, Nsasoft enforces a strict no-refund policy. Please evaluate and test the Software carefully during the Trial Period. Once you pay the license fee, your payment is final and you may not be reimbursed.
8.ADDITIONAL SOFTWARE/SERVICES. Nsasoft is not obligated to provide updates to you in connection with the Software. However, if Nsasoft chooses to do so, this EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Nsasoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless Nsasoft provides other terms along with the update, supplement, add-on component, or Internet-based services component. Nsasoft reserves the right to discontinue any services provided to you or made available to you through the use of the Software.
9.TERMINATION. Without prejudice to any other rights, Nsasoft 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, including all of its component parts.
10.DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Nsasoft and its suppliers provide the Software (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of 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. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
11.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Nsasoft or its 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 Nsasoft or any supplier, and even if Nsasoft or any supplier has been advised of the possibility of such damages.
12.LIMITATION OF LIABILITY AND REMEDIES. 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), THE ENTIRE LIABILITY OF NSASOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY NSASOFT WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$1.00. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13.ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Nsasoft relating to the Software and supersedes 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 Nsasoft 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