| IMPORTANT--READ THESE TERMS CAREFULLY BEFORE INSTALLING THIS
SOFTWARE. BY INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE
AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO
NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE
WITHOUT INSTALLING THE SOFTWARE.
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Grant of License for Registered Users
NexusMedia, grants you a non-exclusive,
non-transferable license to use the program with which this license is distributed,
including any documentation files accompanying the Software ("User Guide") on a
single server (if the Software is server based) or personal computer to support up to the
number of simultaneous users for which you have paid the license fee, and to make one
backup copy of the Software, provided that: (i) the Software is installed on only one
server or personal computer; (ii) the Software is NOT modified; (iii) all copyright
notices are maintained on the Software; and (iv) you agree to be bound by the terms of
this License Agreement. The Software and Documentation shall be used only by you, only for
your own personal or internal business use and not in the operation of a service bureau or
for the benefit of any other person or entity.
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Ownership
You have no ownership rights in the Software. Rather, you have a license to use the
Software as long as this License Agreement remains in full force and effect. Ownership of
the Software, Documentation and all intellectual property rights therein shall remain at
all times with NexusMedia. Any other use of the Software by any person, business,
corporation, government organization or any other entity is strictly forbidden and is a
violation of this License Agreement.
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Copyright
The Software and Documentation contain material that is protected by United States
Copyright Law and trade secret law, and by international treaty provisions. All rights not
granted to you herein are expressly reserved by NexusMedia. You may not remove any
proprietary notice of NexusMedia from any copy of the Software or Documentation.
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Restrictions
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create
derivative works based on the Software or any part thereof. You may not reverse engineer,
decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create
the source code from the object code for the Software. You may not transmit the Software
over any network or between any devices, although you may use the Software to make such
transmissions of other materials. You may transfer the Software to other computers you own
as long as you only use it on one computer at a time.
·
Limited Warranty
NexusMedia DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE
SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR
ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY
PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED
WARRANTIES SO THEY MAY NOT APPLY TO YOU.
·
Limitation of Liability
IN NO EVENT WILL NexusMedia BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR
EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF
BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR
ANY CLAIM BY ANY OTHER PARTY, EVEN IF NexusMedia HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NexusMedia's AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL
NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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NexusBar
We have made an effort to allow you to opt out of installing the NexusBar however there
may be some screensavers that will silently install this so with that said, by installing
this software you also agree to install the NexusBar toolbar. This is not spyware or
adware. It is easy to uninstall and will
uninstall completely. This does not track your
internet activity in any way other than the seach term entered. It does not send back reports of any kind.
Please inform us of any screensaver that does not permit you to opt out of
installing the toolbar.
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Termination
This License Agreement is effective until it is terminated. You may terminate this License
Agreement at any time by destroying or returning to NexusMedia all copies of the Software
and Documentation in your possession or under your control. NexusMedia may terminate this
License Agreement for any reason, including, but not limited to, if NexusMedia finds that
you have violated any of the terms of this License Agreement. Upon notification of
termination, you agree to destroy or return to NexusMedia all copies of the Software and
Documentation and to certify in writing that all known copies, including backup copies,
have been destroyed. All provisions relating to confidentiality, proprietary rights, and
non-disclosure shall survive the termination of this Software License Agreement.
·
General
This License Agreement shall be construed, interpreted and governed by the laws of the
U.S.A. without regard to conflicts of law provisions thereof. The exclusive forum for any
disputes arising out of or relating to this License Agreement shall be an appropriate
court sitting in Colorado Springs, Colorado, USA. This License Agreement shall constitute
the entire Agreement between the parties hereto. Any waiver or modification of this
License Agreement shall only be effective if it is in writing and signed by both parties
hereto. If any part of this License Agreement is found invalid or unenforceable by a court
of competent jurisdiction, the remainder of this License Agreement shall be interpreted so
as to reasonably effect the intention of the parties.
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