Software License Agreement
Before you install the Unyk software you must read the agreement and then click on the “I accept the terms in the License Agreement” checkbox or the “Cancel” button.
Unyk Professional Software License Agreement is copyright © 2019 Nyomo Ltd. All rights reserved.
THIS SOFTWARE LICENSE AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND NYOMO LTD. THE TERMS OF THIS AGREEMENT GOVERN YOUR USE OF THE SOFTWARE. PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS IN THIS AGREEMENT BEFORE INSTALLING OR USING THE SOFTWARE.
BY CLICKING ON THE “I ACCEPT THE TERMS IN THE LICENSE AGREEMENT” CHECKBOX AND INSTALLING THE SOFTWARE, YOU ARE ACCEPTING THE TERMS AND CONDITIONS IN THIS AGREEMENT; CLICKING ON THE “I ACCEPT THE TERMS IN THE LICENSE AGREEMENT” CHECKBOX IS THE SAME AS SIGNING A HARDCOPY CONTRACTUAL AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU SHOULD CLICK ON THE "CANCEL" BUTTON AND CONTACT NYOMO LTD FOR INSTRUCTIONS ON RETURN OF THE UNUSUED PRODUCT.
Definitions: For purposes of this Agreement "Software" is defined as Unyk Software, and any updates or maintenance releases for the Software. The terms "you", "your" or "user" are synonymous, and refer to someone who is the original purchaser of a license for the Software from Nyomo Ltd pursuant to this Agreement (the “Original Licensee").
As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:
the Service is licensed, not sold to you, and you may use the Service only as set forth in this Agreement;
the use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s or Internet provider’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
we provide the Unyk Software to you on an “as is” basis without warranties of any kind and Nyomo’s liability to you is limited;
disputes arising between you and Nyomo will be resolved by binding arbitration. By accepting this Agreement, as provided in greater detail in Section 15 below, you and Nyomo are each waiving the right to a trial by jury or to participate in a class action; and
if you post any User Content that is prohibited by this Agreement, then we may—but have no obligation to—take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your account, removing your User Content, and/or reporting you to law enforcement authorities, either directly or indirectly.
License. The Software is licensed to you under this Agreement and this Agreement is not a sales contract. You are granted a personal, limited, non-exclusive, non-transferable license to install and use the Software on a single computer (“First Computer”) for use by only one person at any time. You are permitted to retain one backup copy of the Software for your own personal use for archival purposes and solely for backing up the Software in the event the Software on the First Computer is lost or corrupted and require reinstallation. If the Software is provided on a CD, the CD shall comprise the backup copy. If the Software was obtained other than on a CD, you may make one backup copy. You may also install the Software on a Second Computer for use by only one person at any time, but you may not run the Software on the Second Computer at the same time as the Software is being run on the First Computer.
DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SOFTWARE IS "AS-IS" AND NYOMO LTD, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, DISK AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, OR NON-INFRINGEMENT.
Nyomo Ltd does not warrant that the Software is secure, free from bugs, viruses, interruption, errors, or other program limitations.
All warranties or guarantees given or made by Nyomo Ltd with respect to the Software are for the benefit of the Original Licensee of the Software only and are not transferable, and shall be null and void if the Original Licensee breaches any terms or conditions of this Agreement.
LIMITATION OF LIABILITY AND DAMAGES. YOU AGREE NOT TO HOLD NYOMO LTD LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SOFTWARE, AND YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF NYOMO LTD AND ITS REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE TO NYOMO LTD OR ITS AUTHORIZED RESELLER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NYOMO LTD AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS, CORRUPTION OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON PRINCIPLES OF BREACH OF CONTRACT, BREACH OF WARRANTY, BREACH OF STATUTORY DUTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF NYOMO LTD OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES NYOMO LTD ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE.
Miscellaneous. This Agreement sets forth the entire liability of Nyomo Ltd and its representatives and your exclusive remedy with respect to the Software, and is a complete statement of the agreement between you and Nyomo Ltd. Your license under this Agreement shall terminate immediately if you breach any of the terms or conditions of the Agreement, and Nyomo Ltd is entitled to enforce its rights hereunder by an action for damages or by specific performance, injunctive or other equitable relief. Upon such termination, you must immediately uninstall the Software from your computer, return the Software to Nyomo Ltd and destroy all backup copies.
This Agreement does not limit any rights that Nyomo Ltd may have under trade secret, copyright, patent or other laws. The agents, employees, distributors, and dealers of Nyomo Ltd are not authorized to make modifications to this Agreement or to make any additional representations, commitments, or warranties binding on Nyomo Ltd. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will be governed by the laws of Hong Kong as applied to agreements entered into and to be performed entirely within Hong Kong without regard to its choice of law or conflicts of law principles and applicable federal law. You consent to the jurisdiction of the state and federal courts located in Hong Kong for all disputes related to this Agreement.
You affirm and warrant that you are legally competent to enter into this Agreement.
Export Restrictions. You acknowledge and agree that the Software is subject to Hong Kong export restrictions and to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations ("the Acts"). You agree to comply with all applicable international and national laws that apply to the Software. You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts.