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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.
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