MOUSE SERVER END-USER LICENSE AGREEMENT
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH MOUSE SERVER INSTALL: This End User License Agreement (the "EULA") is a binding legal agreement between you, as an individual or entity, and Necta company("Necta"). By downloading, installing, or using this application, you agree to be bound by the terms of this EULA. If you do not agree to the EULA, do not use Mouse Server.
You agree that installation or use of Mouse Server signifies that you have read, understood, and agree to be bound by the EULA.
Mouse Server is provided to you under this EULA solely for your private, non-commercial use. Use of Mouse Server or of the Necta content,information, membership functionality, job search, recruiting, marketing, sales or any other services ("Necta Service") within an organization or the use of multiple copies of Mouse Server (except a back-up copy) requires a commercial license for Mouse Server.
- 1. Description of Software
Mouse Server is a downloadable software application that enables you to access Necta functionality directly from your PC, Mac or other mobile device supported by Necta ("Device").
- 2. License
Necta hereby grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable personal license to:
- Use Mouse Server for your own personal use;
- Install Mouse Server on only one Device; and
- Make one copy of Mouse Server in any machine readable form solely for back-up purposes, provided you reproduce Mouse Server in its original form and with all proprietary notices on the back-up copy.
- 3. Title
Title, ownership and all rights (including without limitation intellectual property rights) in and to Mouse Server shall remain with Necta. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.
- 4. Restrictions
You understand and agree that you shall only use Mouse Server in a manner that complies with any and all applicable laws in the jurisdictions in which you use Mouse Server. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
- Create derivative works based on Mouse Server;
- Use Mouse Server for any purpose other than as described herein;
- Copy or reproduce Mouse Server except as described in this EULA;
- Sell, assign, license, disclose, distribute or otherwise transfer or make available Mouse Server or any copies of Mouse Server in any form to any third parties;
- Alter, translate, decompile, reverse assemble or reverse engineer Mouse Server, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or
- Remove or alter any proprietary notices or marks on Mouse Server.
- 5. No Warranty
NECTA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MOUSE SERVER WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT Mouse Server WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT Mouse Server IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. Mouse Server IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. NECTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
- 6. Right to Terminate or Modify Mouse Server
Necta may modify Mouse Server and this EULA with notice to you either in email or by publishing notice on the Website, including but not limited to charging fees for Mouse Server, or changing the functionality or appearance of Mouse Server. In the event Necta modifies Mouse Server or the EULA, you may terminate this EULA and cease use of Mouse Server. Necta may terminate your use of Mouse Server, the EULA or the Necta Service at any time, with or without notice.
- 7. Indemnification
By accepting the EULA, you agree to indemnify and otherwise hold harmless Necta company, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of Mouse Server or any other matter relating to Mouse Server.
- 8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NECTA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NECTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL NECTA;S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO NECTA. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- 9. Export Restrictions
This EULA is expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of Mouse Server or information about such Software which may be imposed from time to time by the government of the United States. You shall not export Mouse Server or information about Mouse Server without consent of Necta and compliance with such laws, regulations, orders or other restrictions.
- 10. General
The EULA between you and Necta Corporation will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. The exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate federal court or state court sitting in the County of Santa Clara, State of California. The EULA constitutes the entire agreement between you and Necta regarding Mouse Server. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. Necta "necta" logos, and other Necta logos and names are trademarks of Necta Company. You agree not to display or use these trademarks in any manner without Necta's prior, written permission. The section titles and numbering of this EULA are displayed for convenience and have no legal effect.
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