Last modified: 1/17/2023
End User License Agreement
You should read this End User License Agreement (the "Agreement" or the “EULA”) carefully before starting any activity, any service or part relating to NVOII.COM or its Application (collectively as the “NVOII”). By accessing NVOII on Mac, Windows systems or other devices, you are agreeing to follow all the terms and conditions of this Agreement.
If you do not agree with the terms and conditions of this Agreement, you are not granted permission to use NVOII.
This EULA creates a legal agreement between you (“you”, “your” or “User”) and https://www.nvoii.com (“NVOII”, “we”, “us” or “our”), regarding NVOII that you about to access with all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases, if any, including new builds of the same version or release, licensed to you by us (collectively, the “Updates”), and (c) related user documentation and explanatory materials or files provided in written, “online” or electronic form (the “Documentation”). This Agreement governs your use of our product Trial, Pro/Full, or Promo versions, including any associated updates, supplements, enhancements and/or upgrades, media, materials and electronic documentation.
1. License Grant
We grant you a revocable, non-exclusive, non-transferable, non-assignable and limited license to use NVOII in accordance with the terms and conditions of this EULA. We only authorize you as single person or entity to use NVOII on single account or device except special conditions when we may grant multiple usages of NVOII. You are not allowed to use NVOII on multiple devices at the same time. You can use this NVOII only as client NVOII and the ownership of its source code, design or models are subject to us. We shall have the right to audit your use to verify compliance with the license terms. You agree to cooperate with our audit and provide reasonable assistance and access to information. There is no any other license granted except wrote in this Agreement.
2. Intellectual Property Rights
All the contents related to NVOII (including but not limited to trademarks, logos, codes, text, functions, models, design, images and other materials) are owned by us and protected by copyright laws. All rights, title and interest worldwide, including all associated intellectual property rights in and to NVOII are owned by us.
License Limitations
Your license is subject to certain limitations. Specifically, you agree not to;
· remove, obscure, make illegible or alter any notices or indications of our intellectual property rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials;
· assign, sublicense, sell, re-sell, transfer, rent, lease or otherwise distribute or provide access to the services including, without limitation, offering the services to third parties on an application service provider, hosted, service bureau, outsourcing or time-sharing basis;
· undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of NVOII or any part thereof;
· disable any functionality which limits the use of NVOII services;
· use or exploit any portion of NVOII to provide any commercial services to third parties; or
· use NVOII in any manner which, in our sole discretion, interferes with its ability to offer its services.
3. Prohibited Transfer
You are not authorized to redistribute this license. The license is granted only to use NVOII within the limitations. You are not permitted to transfer, copy, lend, sell, lease, rent or reproduce the license, except authorized and permitted by us in writing.
4. Limited Functionality
You are licensed to use NVOII to provide only the limited functionality (specific tasks and processes) for which NVOII has been designed and marketed by us and you shall use NVOII under the criteria we provided. This license prohibits any other use of NVOII or any functions, or inclusion of additional software, application, programs or functions that do not directly support the limited functionality of NVOII.
5. Representations Concerning Age
If you reside in a jurisdiction which restricts the use of NVOII according to age, or which restricts the ability to enter into agreements such as this EULA according to age and you are under such age limit, you may not enter into this EULA or use NVOII. By entering into this EULA, you represent that you have verified in your own jurisdiction that your use is permitted by law.
6. Third-Party Services
NVOII may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
7. Privacy
By using and accessing NVOII, you agree to the collection, retention, processing, and use of your information which can be used to uniquely identify for the purpose of the services. We collect your information to provide you with the best customer experience possible. We intended to protect your information from being intercepted, accessed, used, or disclosed by unauthorized persons. Your information may also be accessible to the third parties during the usage of NVOII, but within limitations and we will not transfer or submit your personal information to third parties such as your username or password. We will not be responsible if your confidential information becomes accessible to third parties that you transfer directly to the third parties during the usage of NVOII. We will not be liable if your data, process, documents, etc. partly or fully distorted or lost and it is your own discretion to prevent access to your device for any misuse.
8. Term &Termination
· This Agreement shall remain in effect until terminated by you or us.
· We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
· This Agreement will be terminated immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting NVOII and all copies thereof from your electronic devices.
· Upon termination of this Agreement, you shall cease all use of NVOII and delete all copies of NVOII from your devices.
· Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
· The User shall not be entitled to claim any refund of amount paid for the use of NVOII, or any other amounts for any reason.
9. Entire Agreement
The Agreement constitutes the entire agreement between you and us regarding your use of NVOII and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase our other services, which we will provide to you at the time of such use or purchase.
10. Prohibited Behavior
You agree to use NVOII solely for your own lawful personal or business needs. You are responsible for all content, including photographs, images, video and audio content that you transmit, disclose, disseminate or otherwise distribute, or content that you elicit and/or collect and/or store using NVOII (collectively, “User Content”) and you shall not take any unlawful or improper actions with respect to such User Content in our violation or any third parties’ rights or applicable laws. You agree not to use NVOII to engage in any of the Prohibited Behavior. The content transmitted or distributed through NVOII may not be appropriate or satisfactory for your use, and you should verify all content before relying on it.
11. Passwords
To protect your personal information, access to NVOII requires submission of login and password information to create a user Account (if any). The login and password are for your personal use only and are not transferable. You may not share your login or password with any other individual. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify us in the event that: (i) your password is lost or stolen; or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to NVOII. We are not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
12. Governing Law
This EULA shall be governed and enforced in accordance with the local, state or federal laws and jurisdiction which construed the User to use NVOII without regard to its conflict of laws rules. This Agreement shall be construed under the laws of State of Florida in condition of any dispute. Your use of NVOII may also be subject to copyright laws, intellectual property laws and all International Laws.
13. Severability
Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
14. Dispute Resolution
User shall first contact with us regarding any claim or controversy arising out of or relating to this EULA, or any breach thereof. In the event such claim or controversy cannot be resolved informally, User and we agree to try in good faith to settle the dispute by mediation under the arbitration Laws, before resorting to arbitration. Any claim or controversy arising out of or relating to this EULA, or any breach thereof, except such claims or controversies for which injunctive relief is available, that cannot be resolved by mediation within 30 days shall be finally settled by competent arbitration authorities.
15. Liabilities Disclaimer
NEITHER WE NOR ANY OF OUR LICENSORS, AGENTS OR CONTRACTORS IN CONNECTION WITH NVOII SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF DATA, INTERRUPTION, DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE NVOII WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH NVOII IS TO DE-INSTALL AND CEASE TO USE NVOII. YOU MAY USE NVOII WITHIN THE LIMITATIONS OF YOUR DEVICE SPECIFICATIONS. WE WILL NOT BE LIABLE IF NVOII CAUSES HW PROBLEMS LIKE DEGREDATION, HEATING, PARTLY OF FULLY DAMAGE (AND OTHER HET RELATED PROBLEMS OCCURE LIKE FIRE ETC.). NVOII IS NOT DESIGNED FOR USE WITH UNAUTHORIZED SOFTWARE, APPLICATIONS, SERVICES, OR DEVICES OR NON-LICENSED ACCESSORIES, AND YOU MAY NOT USE ANY OF THESE WITH NVOII. SUCH USE MAY BE ILLEGAL, AND IS A BREACH OF THIS AGREEMENT. SUCH USE MAY ALSO LEAD TO INJURY TO YOU OR OTHERS OR CAUSE PERFORMANCE ISSUES OR DAMAGE TO YOUR DEVICE.
16. Amendments to this Agreement
We reserve the right, at our sole discretion, to change, alter, modify or replace this Agreement at any time. By continuing to access or use NVOII after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use NVOII.
