privacy-policy-app
License Agreement
Please read through carefully before opening / installing the software.
SCOPE OF LICENSE.
The software is licensed, not sold. This agreement only gives you some rights to
use the software. NEXIVO reserves all other rights. Unless applicable law gives
you more
rights despite this limitation, you may use the software only as expressly permitted in
this agreement. In doing so, you must comply with any technical limitations in the
software that only allow you to use it in certain ways. You may not work around any
technical limitations in the software;
reverse engineer, decompile or disassemble the software, or otherwise attempt to
derive the source code for the software, except and to the extent required by third
party licensing terms governing use of certain open source components that may be
included in the software;
remove, minimize, block or modify any notices of NEXIVO or its suppliers in
the software;
use the software in any way that is against the law; or share, publish, rent or lease
the software, provide the software as a stand-alone offering for others to use, or
transfer the software or this agreement to any third party.
EXPORT RESTRICTIONS.
You must comply with all domestic and international export laws and regulations
that apply to the software, which include restrictions on destinations, end users, and
end use.
SUPPORT SERVICES.
Because this software is 'as is,' we may not provide support services for it.
ENTIRE AGREEMENT.
This agreement, and the terms for supplements, updates, Internet-based services and
support services that you use, are the entire agreement for the software and support
services.
APPLICABLE LAW.
If you acquired the software in the EU applies to interpretation of and claims for
breach of this agreement, and the laws of the state where you live apply to all other
claims. If you acquired the software in any other country, its laws apply.
CONSUMER RIGHTS; REGIONAL VARIATIONS.
This agreement describes certain legal rights. You may have other rights, including
consumer rights, under the laws of your state or country. Separate and apart
from
your relationship with NEXIVO , you may also have rights with respect to the
party from
which you acquired the software. This agreement does not change those other rights
if the laws of your state or country do not permit it to do so. For example, if you
acquired the software in one of the below regions, or mandatory country law applies,
then the following provisions apply to you:
Australia. You have statutory guarantees under the Australian Consumer Law and
nothing in this agreement is intended to affect those rights.
Canada. If you acquired this software in Canada, you may stop receiving updates by
turning off the automatic update feature, disconnecting your device from the
Internet (if and when you re-connect to the Internet, however, the software will
resume checking for and installing updates, or uninstalling the software. The
product documentation, if any, may also specify how to turn off updates for your
specific device or software.
Germany and Austria.
Warranty. The software will perform substantially as described in any NEXIVO
materials that accompany it. However, NEXIVO gives no contractual
guarantee in relation to the software.
Limitation of Liability. In case of intentional conduct, gross negligence, claims based
on the Product Liability Act, as well as in case of death or personal or physical
injury, NEXIVO is liable according to the statutory law.
NEXIVO will only be liable for slight negligence if NEXIVO is in breach of such
material contractual obligations, the fulfillment of which facilitate the due
performance of
this agreement, the breach of which would endanger the purpose of this agreement
and the compliance with which a party may constantly trust in (so-called "cardinal
obligations"). In other cases of slight negligence, NEXIVO will not be liable for
slight negligence
DISCLAIMER OF WARRANTY.
THE SOFTWARE IS LICENSED 'AS-IS.' YOU BEAR THE RISK OF USING IT.
NEXIVO GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS,
NEXIVO
EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU
CAN RECOVER FROM NEXIVO AND ITS SUPPLIERS ONLY DIRECT
DAMAGES UP TO U.S. €5.00. YOU CANNOT RECOVER ANY OTHER
DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a anything related to the software, services, content
(including code on third party Internet sites, or third party applications; and (b
claims for breach of contract, breach of warranty, guarantee or condition, strict
liability, negligence, or other tort to the extent permitted by applicable law. It
also applies even if NEXIVO knew or should have known about the possibility
of the damages. The above limitation or exclusion may not apply to you because
your state or country may not allow the exclusion or limitation of incidental,
consequential or other damages.

